State legislature Flashcards

1
Q

How many states have bicameral system

A

Andhra Pradesh, Telangana, UP, Bihar, Maharashtra, Karnataka

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2
Q

What is the name of upper house and lower house?

A

Vidhan parishad is legislative council and Vidhan Sabha, legislative assembly or lower House

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3
Q

How can a state create legislative council?

A

If legislative assembly of the state passes a resolution by a special majority

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4
Q

And how parliament passes this resolution of creating legislative assembly

A

Passes through simple majority and is not considered as an amendment under article 368

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5
Q

What is the maximum and minimum strength of legislative assembly

A

500 to 60

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6
Q
A
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7
Q

Name the states which have less than 60 strength of legislative assembly

A

Arunachal Pradesh, Sikkim and Goa have 30 Mizoram has 40 and Nagaland has 46

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8
Q

How are the territorial constituencies demarcated?

A

Such that the ratio of population of each constituency to the number of seats allotted to it is same throughout the state

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9
Q

Total number of seats in the assembly of each state is frozen by which amendment?

A

42nd act of 1976, at the census level of 1971

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10
Q

Freezing of total number of seats was extended by which amendment act

A

84th amendment act of 2001

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11
Q

Readjustment of the territorial constituencies is done on the basis of which census

A

2001 census as per 87th amendment act of 2003

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12
Q

What is the maximum minimum strength of the legislative council?

A

Maximum is one third of the total strength of assembly and minimum is 40

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13
Q

How does the election of members of legislative council takes place?

A

One third elected by members of local bodies like municipalities.
1/12 by graduates.
1/12 by teachers.
1/ third by the members of legislative assembly of the state from amongst persons who were not members of the assembly,
Nominated by the governor

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14
Q

Can the duration of assembly be extended?

A

Duration of assembly can be extended during the period of national emergency by a law of the Parliament for one year at a time for any length of time. However, this extension cannot continue beyond a period of six months after the emergency has seized to operate.

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15
Q

Duration of the term of member in legislative council

A

Six years

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16
Q

What are the qualifications to be a member of state legislature?

A

Citizen of India,
Must make and subscribe to an oath authorised by election commission.
Must not be less than 30 years for legislative council and 25 years for assembly.

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17
Q

What are the additional qualifications laid down by representation of people act 1951?

A

Person must be an elector for an assembly constituency in the concerned state. If he wants to be qualified for governors nomination, He must be a resident in the state.
Must be an elector for an assembly constituency in that state.
Must be member of scheduled cast of if he wants to contest a seat for them

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18
Q
A
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19
Q

Criteria for disqualification of members of legislative assembly or council

A

If words any office of profit,
Unsound mind and declared by court,
Discharged in solvent,
Not a citizen of India.
Disqualified under any law made by the Parliament

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20
Q

Additional disqualification as per RPA 1951

A

Must not be guilty of election offences or corrupt practises in the elections.
Must not be convicted for any offence, resulting in improvement for two or more years.
Must not have failed to lodge election expenses.
Must not be a director in which government has at least 25% share.
Must not have been dismissed from government service for corruption

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21
Q

Can detention of a person under preventive detention, be a reason for his disqualification?

A

No

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22
Q

What are the disqualification on the ground of defection?

A

Can be disqualified on the ground of defection, under the provisions of 10th schedule

23
Q

Who decides the question of disqualification under 10th schedule?

A

Chairman in case of legislative council and speaker in case of legislative assembly, but not governor

24
Q

Is the decision of chairman or speaker subject to judicial review in case of deciding the disqualification as per 10th schedule?

A

Yes, yes, yes, yes, yes

25
How can a seat of any member of state legislator be vacated?
Double membership, Disqualification, Resignation. Absence for a period of 60 days without permission. If election is declared void, Expelled by the house. Elected as president or vice president Appointed as governor
26
How can the office of a speaker of assembly vacates
If he says to be a member of assembly, Reliance, by writing to deputy Speaker. Removed by resolution passed by effective majority
27
What is the duration of advance notice given to speaker before moving resolution for removal of the speaker of state assembly?
14 days advance notice
28
What are the functions of the speaker?
29
How is the chairman of the council selected?
From among the members of the council
30
When does the chairman vacate his office?
Cease to be a member of council Reliance variety to deputy chairman. Removed by resolution passed by effective majority in council
31
Is advanced notice given to chairman before moving dissolution for removal
Yes, 14 days advance notice
32
Who decides on the question whether the bill is a money bill or not?
Speaker decides this and his decision is final
33
How is the salary of speaker deputy speaker, chairman and deputy chairman given?
Their salaries are charged on consolidated fund of the state and are not subject to an annual vote of the state legislature
34
How is Deputy chairman vacate his office?
Same as chairman
35
What is the maximum gap between the two sessions of state legislature?
Six months
36
What is the procedure of prorogation of the house?
First presiding officer declares the house adjourned sine die, then governor issues, a notification for prorogation of the session. Session TERMINATED
37
How are the bills affected after dissolution of the assembly?
38
What is the quorum in house of state?
10 members or 1/10 of total number of members of the house, including presiding officer, which ever is greater
39
What are the stages through which in ordinary will goes through in both the houses?
First reading, second reading third rating
40
What all options does legislative Council have? If it receives the passed bill from legislative assembly?
Pass the bill. Pause the bill with amendments or return to the assembly for reconsideration. Reject the bill. Not take any action
41
What options assembly has for the amendments suggested by the council?
Assembly can reject the amendments suggested by the council.
42
Can assembly pass the bill again , even if council is sitting on the bill for three months or reject the bill suggest any amendments
Yes, assembly may pass the bill again and transfer the same to council. Later on , If council reject the bill or passes the bill with amendments not acceptable to the assembly or does not pass the bill within one month. Then the bill is deemed to have passed by both the houses in the in which it was passed by the assembly, for the second time
43
Who has the ultimate power for passing the ordinary bill in a state?
Assembly has the ultimate power
44
For what maximum time can council delay theordinary bill?
Four months Three months in the first instance and one month in the second in
45
What powers to legislative council has with respect to money bill?
It can only make recommendations and must return the bill to legislative assembly within 14 days
46
Is there a mechanism of joint sitting in state?
No constitution does not provide for the mechanism of joint setting in case of disagreement
47
If the bill is originated in council, can assembly reject it
Yes, if rejected the bill ends and become dead
48
Can money will be introduced in legislative council
No
49
Can president return the money bill if it is reserved by Governor for the consideration of the President?
No, president may either give his assent to the bill or behold his assent to the bill, but cannot return the bill for reconsideration of the state legislature
50
Can council vote on demands for grants?
No
51
Does council participate in the election of President of India and representatives of the state in Raj Sabha?
No
52
Does the constitutional amendment built is ratified by council?
No, in this aspect will of assembly prevail over the council
53
Why the position of Rajya Sabha is above the council?
Rajya Sabha consists of the representatives of the states, thus reflect federal element. Council is heterogeneously constituted, whereas Rajya Sabha is homogeneous constituted. It represents only the states. Pattern of relationship between council and assembly is similar to 2 houses of British model. The house of lords that is upper house cannot oppose an abstract. The House of Commons.
54
Does privileges of the legislature extent to the governor?
No