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UPSC Prelims 2015 · Polity · Governor & State Government

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.
Show the answer and explanation

Answer: (d) Neither 1 nor 2

Size is capped at one-third (min 40); the Chairman is elected by the members.

Statement by statement

1. ✗ WRONG — cap is one-third Art. 171(1): members of a Legislative Council shall not exceed one-third of the Assembly’s total members, and never be fewer than 40.

2. ✗ WRONG — elected The Council elects its own Chairman and Deputy Chairman from among its members (Art. 182). The Governor nominates about one-sixth of the members, not the Chairman.

The idea

Composition of a Council (Art. 171): 1/3 elected by MLAs · 1/3 by local bodies · 1/12 by graduates · 1/12 by teachers · ~1/6 nominated by the Governor. Created or abolished by Parliament on the Assembly’s resolution passed by a special majority (Art. 169). Six States have one today.

Assembly resolution (special majority) → Parliament law (Art. 169) → Council ≤ 1/3 of Assembly, ≥ 40

Why the others are wrong

(a) The ceiling is one-third, so “more than half” is impossible.

(b) The Chairman is elected by the Council.

(c) Both statements are false.

The trap

Statement 2 borrows from the Vice-President (ex-officio Chairman of the Rajya Sabha) and the Governor’s nomination power. Neither applies to the Council’s Chairman.

🔒 Legislative Council: ≤ 1/3 of the Assembly, ≥ 40 · Chairman elected by the Council · created/abolished by Parliament (Art. 169).

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