State legislature Flashcards
State Legislature
Which Art? Part?
Articles 168 to 212 in Part VI
For creation or abolition of State Legislative Council, the State Legislative Assembly has to pass a resolution by ______________ majority.
Subsequently, the Parliament will be empowered to create/abolish a SLC in the state. Such a resolution is passed by ______________ majority
Special maj
Simple maj
maximum strength is fixed at ________and minimum strength at _________ , varies according to the ___________________
However, in case of ____________, __________ and ___________, the minimum number is fixed at ______and in case of __________and _____________, it is 40 and 46 respectively.
Further, some members of the legislative assemblies in Sikkim and Nagaland are also elected ___________
500 and 60
population size of the state
Arunachal Pradesh, Sikkim and Goa
30
Mizoram and Nagaland
indirectly
The Act that governs the determination of number of seats in each state and the territorial constituencies is
Delimitation Commission Acts by Parliament
How are the members of SLC elected?
The maximum strength of the council is fixed at _____________ and the minimum strength is fixed at ___________
Who decided the actual strength of the council
indirectly elected - Proportional rep by STV
one-third of the total strength of the assembly
40
Though the Constitution has fixed the maximum and the minimum limits, the actual strength of a Council is fixed by Parliament
Who consists of the electoral college for election to SLC?
Can Governor’s nomination be challenged by court?
This scheme of composition of a legislative council as laid down in the Constitution is_____________.
_____________ is authorized to modify or replace the same.
- 1/3 are elected by the members of local bodies in the state like municipalities, district boards, etc.,
- 1/3 are elected by the members of the SLA from amongst persons who are not members of the assembly
- 1/12 are elected by graduates of three years standing and residing within the state,
- 1/12 are elected by teachers of three years standing in the state, not lower in standard than secondary school,
- 1/6 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.
The bonafide or propriety of the governor’s nomination in any case cannot be challenged in the courts.
tentative and not final
Parliament
What are the Qualifications to be chosen a member of the state legislature– as per constitution and RPA?
- citizen of India
- subscribe to oath before person authorised by ECI
- SLA - 25 years
SLC - 30 years
RPA (1951)
SLC and SLA
elected member- elector of a constituency of the concerned state
SLC
nominated member - resident of the concerned state
Quorum in State legislature
10 members or 1/10th of the total number of members of the House (including the presiding officer), whichever is greater
When a bill is passed by the SLA and transmitted to SLC, what are the alternatives before it?
- pass the bill (no amendments
- Pass the bill with amendments and send to SLA for reconsideration
- reject the bill
- Not take action for 3 months (in 1st instance and 1 month in 2nd instance)
In case of disagreement between SLA and SLC over a bill what happens?
if SLA rejects the amendments suggested by SLC or
SLC rejects the bill altogether or SLC does
not take any action for 3 months
then SLA may pass the bill again and transmit the same to the council.
If SLC rejects the bill again or passes the bill with amendments not acceptable to SLA or does not pass the bill within 1 month, then the bill is deemed to have been passed by both the Houses in the form in which it was passed by SLA for the second time.
Therefore, the ultimate power of passing an ordinary bill is vested in SLA
when a bill, which has originated in the council and was sent to the assembly, is rejected by the assembly, what happens to the bill?
the bill ends and becomes dead.
