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Q131 (UPPCS/2023) Polity & Governance › State Executive & Legislature

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 -
Code -

Result
Your answer: —  Â·  Correct: A

Explanation

According to Article 171 of the Constitution of India, the composition of the Legislative Council (Vidhan Parishad) is governed by two specific numerical limits. Statement 1 is correct because the total number of members in the Legislative Council of a State shall not exceed one-third of the total number of members in the Legislative Assembly of that State. Statement 2 is also correct as the Article further provides that the total number of members in the Legislative Council shall in no case be less than 40. While the Parliament can create or abolish a Council under Article 169, these size constraints are constitutionally mandated. Previously, Jammu and Kashmir was an exception with 36 members, but following the J&K Reorganisation Act, 2019, its Legislative Council was abolished.

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