Q. Which of the following are among the participants to elect the members to the ‘Legislative Council’ of a State?
1. Members of local bodies in the State.
2. Graduates of three years standing and residing within the State.
3. Members of the Legislative Assembly of the State.
4. Members of Lok Sabha elected from the State.
5. Members of Rajya Sabha nominated from the State.
Select the correct answer using the code given below:
Red Book
Red Book

[A] 1, 2 and 3 only

[B] 2, 4 and 5 only

[C] 1, 2, 4 and 5 only

[D] 1, 3, 4 and 5 only

Answer: A
Notes:

Exp) Option a is the correct answer.

Manner of Election Of the total number of members of a legislative council:

  1. 1/3 are elected by the members of local bodies in the State like municipalities, district boards, etc., (Hence Option 1 is correct)
  2. 1/12 are elected by graduates of three years standing and residing within the State, (Hence Option 2 is correct)
  3. 1/12 are elected by teachers of three years standing in the State, not lower in standard than secondary school,
  4. 1/3 are elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the assembly, and (Hence Option 3 is correct)
  5. The remainder are nominated by the Governor from amongst persons who have a special knowledge or practical experience of literature, science, art, cooperative movement and social service. Members of Lok Sabha elected from the State and Members of Rajya Sabha nominated from the State do not participate in the elections of the State Legislative Council. (Hence Options 4 and 5 are incorrect)
Important Tips

• According to Article 169, the Parliament may by law provide for the creation or abolition of a Legislative Council in a state if the state legislative assembly passes a resolution to that effect.

• Parliament cannot create or abolish a Legislative Council in a state without the consent of the concerned state legislative assembly.

• Unlike the members of the Legislative Assembly, the members of the Legislative Council are indirectly elected.

• Article 170 fixed the maximum strength of the council at one-third of the total strength of the assembly and the minimum strength is fixed at 40.

 

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