Q82 · UPSC Prelims 2015 · Set A · Polity and Governance

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Consider the following statements:1.The Legislative Council of a State in India can be larger in size than half of the Legislative Assembly of that particular State.2.The Governor of a State nominates the Chairman of Legislative Council of that particular State.Which of the statements given above is/are correct?

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

Correct answer: (d) Neither 1 nor 2

Explanation

  1. A

    1 only

    Statement 1 is false. Article 171 caps the Legislative Council at one-third of the Assembly, not at more than half. This option is not the key.

  2. B

    2 only

    Statement 2 is false. The Chairman of the Legislative Council is chosen by the Council from among its members; the Governor does not nominate the Chairman (the Governor nominates one-sixth of members). This option is therefore wrong.

  3. C

    Both 1 and 2

    Both statements are incorrect, so ‘both’ cannot be the answer. This option is not the key.

  4. D

    Neither 1 nor 2

    Neither statement is correct: the Council cannot exceed one-third of the Assembly, and its Chairman is elected by the House, not nominated by the Governor. This option is the official key.

Summary. Official key is (d) Neither 1 nor 2. The constitutional maximum for a Vidhan Parishad is one-third of the Vidhan Sabha (and not less than forty). The Chairman is analogous to a Speaker, elected internally. The Governor’s nomination power is for a fraction of members with special knowledge, not for the Chair. Both statements therefore fail.

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