Q13 · UPPSC Prelims 2023 · Set A · General Studies

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With reference to the composition of the Legislative Council in a State of India, which of the following statement(s) is/are correct?(1)In the Legislative Council there may not be more than one-third members of the total membership of the Legislative Assembly of that State.(2)The Legislative Council of a State must have at least forty members in it.Select the correct answer from the code given below:

A Only 1
B Only 2
C Both 1 and 2
D Neither 1 nor 2

Correct answer: (c) Both 1 and 2

Explanation

  1. A

    Only 1

    Statement 1 claims that the Legislative Council can have up to one-third of the Legislative Assembly's total strength. This statement is correct under Article 171 of the Constitution, but option (a) is incorrect because it misses the second valid statement.

  2. B

    Only 2

    Statement 2 asserts that a State Legislative Council must have a minimum strength of forty members. While this is accurate according to constitutional provisions, option (b) is incorrect because the first statement is also correct.

  3. C

    Both 1 and 2

    Both statements 1 and 2 correctly outline the constitutional limits regarding the composition of a State Legislative Council under Article 171 of the Indian Constitution, setting the maximum cap at one-third of the assembly and the absolute minimum at forty members respectively, making this comprehensive combination the correct choice.

  4. D

    Neither 1 nor 2

    This option states that neither of the given statements is correct. However, both statements accurately reflect the provisions of Article 171 of the Indian Constitution, rendering this option entirely wrong.

Summary. Official key is (c) Both 1 and 2. Article 171 of the Constitution of India governs the composition of the State Legislative Councils. It mandates that the total number of members in the Legislative Council shall not exceed one-third of the total number of members in the Legislative Assembly of that State. Additionally, it stipulates that the size of the council shall in no case be less than forty members. Since both statements accurately describe these constitutional boundaries, options (a), (b), and (d) fail to capture the complete picture.