Question map
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?
Explanation
Both statements are incorrect.
The Legislative Council's membership cannot be more than one-third of the Legislative Assembly's membership, with a minimum of 40 members[2]. Therefore, it can never be larger than half of the Assembly, making Statement 1 incorrect.
Regarding Statement 2, the Chairman of the Legislative Council is not nominated by the Governor. Like the Speaker of the Legislative Assembly, the Chairman is elected by the members of the Legislative Council from among themselves. The Governor does not have the power to nominate the Chairman. The Governor only determines the salaries and allowances of the Chairman and Deputy Chairman[3], but does not appoint them.
Since both statements are incorrect, the correct answer is option D (Neither 1 nor 2).
Sources- [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 14: The State Legislature > THE STATE LEGISLATURE > p. 281
- [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > Composition of Council > p. 336
- [3] https://cdnbbsr.s3waas.gov.in/s380537a945c7aaa788ccfcdf1b99b5d8f/uploads/2024/07/20240716890312078.pdf
PROVENANCE & STUDY PATTERN
Full viewThis is a classic 'Polity 101' question. It tests fundamental constitutional limits (fractions) and the separation of powers (election vs nomination). If you get this wrong, your static revision is dangerously weak; no current affairs were needed here.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Explicitly states the Legislative Council membership is 'not more than one-third' of the Assembly membership.
- Directly limits Council size relative to Assembly, which rules out any figure greater than one-third (hence greater than half).
- Reaffirms the constitutional maximum: council strength fixed at one-third of the assembly.
- Explains the maximum/minimum formula, confirming the Council cannot approach or exceed half the Assembly.
- Specifies the Governor's role regarding the Chairman only in relation to salaries and allowances, not appointment or nomination.
- Absence of appointment language in a constitutional context suggests the Governor does not nominate the Chairman.
- Describes the composition of the Legislative Council with members elected by various electorates, implying internal selection of presiding officers rather than gubernatorial nomination.
- Shows member selection mechanisms (elections by local authorities, etc.), not gubernatorial appointment of the Chairman.
States that each house has its own presiding officer (Chairman and Deputy Chairman for the Legislative Council) and mentions panels of chairmen/vice-chairmen and that their salaries are fixed by the state legislature.
A student could infer these are internal legislative offices (with remuneration charged to the state legislature) and therefore likely chosen by the Council or its rules rather than appointed externally by the Governor.
Explicitly states that provisions relating to state presiding officers are analogous to those relating to corresponding officers of the Union Parliament.
A student can check how presiding officers at the Union level are chosen (e.g., Speaker elected by Lok Sabha members) and extend that analogy to expect state chairmen to be chosen internally, not nominated by the Governor.
Shows an example at Union level: the Chairman of Rajya Sabha is an ex‑officio officeholder (the Vice‑President), not a nominated or gubernatorial appointee.
Using the Union example, a student can distinguish between nomination of members and the separate method of filling the presiding officer post, suggesting presiding officers are not typically gubernatorial nominations.
States the Governor has a power of nomination of members to the Legislative Council (persons with special knowledge/experience), analogous to the President's power for Rajya Sabha.
A student can use this to separate two ideas: (a) Governor may nominate members to the Council, and (b) nomination of members is not the same as nomination/appointment of the Council's presiding officer—thus prompting checking who elects the Chairman.
Explains which states have bicameral legislatures and that in bicameral states the legislature consists of Governor, Legislative Council, and Legislative Assembly.
A student can identify which states have Legislative Councils and then examine those Councils' internal rules/practices (following the analogy to Parliament) to see how Chairmen are chosen rather than assumed to be gubernatorial appointees.
- [THE VERDICT]: Absolute Sitter. Direct hit from Laxmikanth Chapter 33 (State Legislature).
- [THE CONCEPTUAL TRIGGER]: State Legislature composition and the specific election/nomination modes of its officers.
- [THE HORIZONTAL EXPANSION]: Memorize the fractions: Council Max = 1/3 of Assembly; Min = 40. Composition breakdown: 1/3 (MLAs), 1/3 (Local Bodies), 1/12 (Teachers), 1/12 (Graduates), 1/6 (Governor). Chairman is elected by members (Art 182), not nominated.
- [THE STRATEGIC METACOGNITION]: Create a 'Swap Table'. UPSC loves swapping '1/2' with '1/3' and 'Governor' with 'House Election'. Whenever you read about an office (Speaker/Chairman), explicitly note: Who appoints? Who removes? Who pays?
The Constitution fixes the maximum size of a state's Legislative Council at one-third of its Legislative Assembly, directly answering the statement's comparative question.
High-yield for polity questions about state legislatures and constitutional limits; connects to questions on bicameral state legislatures and legislative dominance. Learn the numeric caps and their constitutional source and practise applying them to numeric reasoning questions.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 14: The State Legislature > THE STATE LEGISLATURE > p. 281
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > Composition of Council > p. 336
References note a minimum Council strength (40) and that Parliament fixes the actual Council size within constitutional bounds.
Important for questions on how constitutional limits translate into real-world composition; links to federal procedures and Parliament's powers. Memorise the min/max rules and the procedural role of Parliament to answer applied questions.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > Composition of Council > p. 336
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 14: The State Legislature > THE STATE LEGISLATURE > p. 281
Provides the constitutional procedure for when a state may have or not have a Legislative Council, relevant to the existence and composition of Councils.
Frequently tested theme on state legislature structure and Centre–state legislative procedures; helps answer questions on when councils can be created/abolished and contextualises size rules. Study Article 169 and related examples of states that created/abolished councils.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > ORGANISATION OF STATE LEGISLATURE > p. 334
Reference [3] states the Governor has power to nominate certain members to the State Legislative Council (analogous to President's nominations to Rajya Sabha). This is often confused with powers to appoint office-bearers.
High-yield for UPSC: distinguishes nomination of members (constitutional power under Article 171 context) from appointment/election of presiding officers. Questions often test composition of legislatures and Governor's special powers. Study approach: learn constitutional articles and compare Governor's nomination power with President's nomination to Rajya Sabha; practice MCQs to avoid conflating 'nominating members' with 'appointing presiding officers.'
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > Powers of the Governor. The Governor has no diplomatic or military powers like the President, but he possesses executive, legislative and judicial powers analogous to those of the President. > p. 272
References [1] and [5] identify that each State Legislative Council has a Chairman and Deputy Chairman and that provisions are analogous to corresponding Union Parliament officers.
Important for UPSC: knowing institutional offices (Speaker/Chairman and Deputies) and their basic existence/analogy to Parliament is frequently tested in polity questions. Connects to topics on legislative procedure, office-bearer selection, and comparisons between Union and State legislatures. Preparation: memorize officer titles, their functions as given in standard texts, and then study the specific method of selection/election from constitutional or statutory sources.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > PRESIDING OFFICERS OF STATE LEGISLATURE > p. 339
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 14: The State Legislature > THE STATE LEGISLATURE > p. 283
References [3] and [7] note the Governor is part of the State Legislature and is appointed by the President — context needed to understand limits of Governor's powers regarding legislature.
Useful for UPSC to frame questions about separation of powers, nominal vs. real executive, and the Governor's legislative role (e.g., assent, summons, nominations). Study approach: consolidate Governor's powers (legislative, executive, judicial) from constitutional summaries and relate to specific functions like nomination of members versus appointing internal officers.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > Powers of the Governor. The Governor has no diplomatic or military powers like the President, but he possesses executive, legislative and judicial powers analogous to those of the President. > p. 272
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > 2. The Governor > p. 269
The 'Minimum Strength' Trap. While the max is 1/3rd, the Constitution sets a minimum of 40 for the Council (Article 171). UPSC will likely confuse this with the Assembly's minimum of 60. Also, remember the exception: Parliament can fix actual strength, but the Constitution sets the bounds.
Use 'Democratic Logic'. The Chairman is the presiding officer of a legislative house. In a parliamentary system, presiding officers must be independent of the Executive. If the Governor (Executive) nominated the Chairman, the House would lose its autonomy. Therefore, the Chairman *must* be elected by the House itself.
Mains GS2 (Federalism): The creation/abolition of Councils (Art 169) requires a Special Majority in the State but only a Simple Majority in Parliament. This highlights the 'Unitary Bias' of the Constitution—states cannot unilaterally decide their own bicameral status.