Q. With reference to the Legislative Council in a State, consider the following Statements:
1. A Legislative Council can be created by the Parliament only when Rajya Sabha passes a resolution to that effect.
2. The Act of Parliament to create a Legislative Council is considered a Constitutional Amendment under Article 368.
3. The actual strength of the Legislative Council in a State is fixed by the Governor of that State.
4. The retiring members of the Council are eligible for re-election and re-nomination for any number of times.
How many of the above given statements are correct?
Exp) Option a is the correct answer.
Statement 1 is incorrect: The Constitution provides for the abolition or creation of legislative councils in states. Accordingly, the Parliament can abolish a legislative council or create it, if the legislative assembly of the concerned state passes a resolution to that effect.
Statement 2 is incorrect: An Act of Parliament for the creation of a state legislative council is not deemed as an amendment of the Constitution for the purposes of Article 368 and is passed like an ordinary piece of legislation (ie, by simple majority).
Statement 3 is incorrect: Though the Constitution has fixed the maximum and the minimum limits, the actual strength of a Council is fixed by Parliament.
Statement 4 is correct: Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution. But, one-third of its members retire on the expiration of every second year. The retiring members are eligible for re-election and renomination any number of times.
