State legislature Flashcards
How many states have bicameral system
Andhra Pradesh, Telangana, UP, Bihar, Maharashtra, Karnataka
What is the name of upper house and lower house?
Vidhan parishad is legislative council and Vidhan Sabha, legislative assembly or lower House
How can a state create legislative council?
If legislative assembly of the state passes a resolution by a special majority
And how parliament passes this resolution of creating legislative assembly
Passes through simple majority and is not considered as an amendment under article 368
What is the maximum and minimum strength of legislative assembly
500 to 60
Name the states which have less than 60 strength of legislative assembly
Arunachal Pradesh, Sikkim and Goa have 30 Mizoram has 40 and Nagaland has 46
How are the territorial constituencies demarcated?
Such that the ratio of population of each constituency to the number of seats allotted to it is same throughout the state
Total number of seats in the assembly of each state is frozen by which amendment?
42nd act of 1976, at the census level of 1971
Freezing of total number of seats was extended by which amendment act
84th amendment act of 2001
Readjustment of the territorial constituencies is done on the basis of which census
2001 census as per 87th amendment act of 2003
What is the maximum minimum strength of the legislative council?
Maximum is one third of the total strength of assembly and minimum is 40
How does the election of members of legislative council takes place?
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
Can the duration of assembly be extended?
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.
Duration of the term of member in legislative council
Six years
What are the qualifications to be a member of state legislature?
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.
What are the additional qualifications laid down by representation of people act 1951?
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
Criteria for disqualification of members of legislative assembly or council
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
Additional disqualification as per RPA 1951
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
Can detention of a person under preventive detention, be a reason for his disqualification?
No
What are the disqualification on the ground of defection?
Can be disqualified on the ground of defection, under the provisions of 10th schedule
Who decides the question of disqualification under 10th schedule?
Chairman in case of legislative council and speaker in case of legislative assembly, but not governor
Is the decision of chairman or speaker subject to judicial review in case of deciding the disqualification as per 10th schedule?
Yes, yes, yes, yes, yes