With reference to the Legislative Assembly of a State in India, consider the following statements: 1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year. 2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter. Which of the statements given above is/are correct?
Contents12
- A1 only
- B2 only
- CBoth 1 and 2
- DNeither 1 nor 2
Show answer
Answer: (A) 1 only
The correct answer is (A) — 1 only.
Statement 1 is correct — under Article 176, the Governor addresses both Houses of the State Legislature at the start of the first session each year, similar to how the President addresses Parliament.
Statement 2 is wrong — Article 208 says that if a State Legislature has no rules on a particular matter, it follows its OWN previous rules (from before the Constitution), not the Lok Sabha's rules. There is no provision that says state assemblies must follow Lok Sabha rules.
Tip:
- Governor's annual address = yes.
- State Assembly copying Lok Sabha rules = no such provision.
Article 176 mandates the Governor's address to State Legislature at the start of each year's first session, mirroring the President's address to Parliament.
Article 208 creates procedural autonomy for State Legislatures - they follow their own pre-Constitution rules when current rules are silent, not Lok Sabha rules.
The question tests federal structure principles - whether students understand that State Legislatures have independent procedural authority rather than being subordinate to Lok Sabha procedures.
Governor's Powers in State Legislature
Indian Polity Governor Legislative Assembly address first session
Governor's Powers in State Legislature: Address, Sessions & Key Functions
Article 176 mandates Governor's address at first session each year
Governor summons, prorogues and can dissolve State Assembly
Governor's assent required for all state bills to become law
Similar to President's role in Parliament under Article 87
Constitutional Framework
Article 176 requires the Governor to address both Houses of the State Legislature at the start of the first session each year. This is a mandatory constitutional duty, not optional.
Governor vs President: Legislative Powers
Function | Governor (State Level) | President (Central Level) | Constitutional Provision |
|---|---|---|---|
Annual Address | Mandatory at first session | Mandatory at first session of each year | Articles 176 & 87 |
Summoning Legislature | Summons Assembly & Council | Summons Lok Sabha & Rajya Sabha | Articles 174 & 85 |
Assent to Bills | Can assent, withhold, or reserve for President | Can assent, withhold, or return once | Articles 200 & 111 |
Dissolution Power | Can dissolve Assembly only | Can dissolve Lok Sabha only | Articles 174 & 85 |
Governor's Legislative Functions
Nomination power: Up to 1/6th of Assembly strength from Anglo-Indian community (if needed)
Message sending: Can send messages to Legislature requiring consideration
Money Bill certification: Determines if a bill is Money Bill at state level
Ordinance power: Can promulgate ordinances when Legislature not in session
Trap: Governor's address is mandatory yearly, not just ceremonial
Trap: Governor can dissolve Assembly but cannot dissolve Legislative Council
Trap: Don't confuse Governor's reserve power for President with withholding assent
State Legislature Rules & Procedures
Indian Polity State Legislature rule Lok Sabha rule
State Legislature Rules: Article 208 & Parliamentary Procedures
Article 208 allows State Legislatures to make their own rules
When no rule exists, State follows its own past practices, not Lok Sabha rules
No constitutional provision requires copying Lok Sabha procedures
Rule-Making Authority
Article 208 empowers State Legislatures to frame their own rules for regulating procedure and conduct of business. Each state develops rules suited to its specific needs and traditions.
Parliamentary Procedure Sources
Level | Primary Rule Source | Fallback When No Rule | Constitutional Basis |
|---|---|---|---|
Lok Sabha | Lok Sabha Rules | Past parliamentary practices | Article 118 |
Rajya Sabha | Rajya Sabha Rules | Past parliamentary practices | Article 118 |
State Assembly | Own Assembly Rules | Own past practices | Article 208 |
State Council | Own Council Rules | Own past practices | Article 208 |
Key Parliamentary Procedures
Question Hour: First hour of sitting reserved for questions to ministers
Zero Hour: Informal discussion after Question Hour on urgent matters
Calling Attention Motion: To draw government attention to urgent public importance
No-Confidence Motion: Can be moved against Council of Ministers in Assembly
Rule-Making Process
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**Legislature Drafts Rules**
State Legislature frames rules under Article 208`"]
s2["`**Governor's Approval**
Rules require Governor's assent to become effective`"]
s3["`**Implementation**
Rules govern all proceedings and conduct of business`"]
s4["`**Gap Situation**
If no specific rule exists, follow Legislature's own past practices`"]
s1 --> s2
s2 --> s3
s3 --> s4Major Trap: State Legislatures do NOT follow Lok Sabha rules by default
Trap: Each state has independent rule-making power under Article 208
Trap: Don't assume uniformity - states can have different procedures
Key Constitutional Articles on Legislative Procedures
Indian Polity Article 176 Article 208
Constitutional Framework: Articles 174-208 on Legislative Procedures
Articles 174-177 cover Governor's powers over State Legislature
Article 208 gives rule-making power to State Legislatures
Articles 118 & 208 establish parliamentary procedure framework
Key Articles: Legislative Procedures
Article | Provision | Applies To | Key Point |
|---|---|---|---|
174 | Sessions of Legislature | State Legislature | Governor summons, prorogues, dissolves |
175 | Right of Governor to address | State Legislature | Governor can address and send messages |
176 | Governor's address | State Legislature | Mandatory address at first session yearly |
177 | Rights of Ministers | State Legislature | Ministers can speak in Legislature |
118 | Rules of Procedure | Parliament | Lok Sabha/Rajya Sabha make own rules |
208 | Rules of Procedure | State Legislature | States make own rules, not Lok Sabha's |
Legislative Procedure Framework
# Constitutional Legislative Framework
## Parliament (Articles 118)
- Lok Sabha Rules
- Rajya Sabha Rules
- Joint Session Rules
- Past Practices
## State Legislature (Article 208)
- Assembly Rules
- Council Rules
- Own Past Practices
- Governor's Approval
## Governor's Role (Articles 174-177)
- Annual Address
- Summon Sessions
- Assent to Bills
- Send MessagesTrap: Article 176 makes Governor's address mandatory, not ceremonial
Trap: Article 208 vs Article 118 - different rule-making authorities
Trap: State Legislature follows own past practices, not Parliament's rules