With reference to the composition of the Legislative Council in a state of India, which of the following statement/s is/are correct? (1) In the Legislative Council there may not be more than one-third members of the total membership of the Legislative Assembly of that state. (2) The Legislative Council of a state must have at least forty members in it. Select the correct answer from the code given below -
- (a)Both 1 and 2
- (b)Neither 1 nor 2
- (c)Only 2
- (d)Only 1
Correct — A, Both 1 and 2. Article 171(1) fixes the size of a State Legislative Council: its total membership shall not exceed one-third of the total membership of the Legislative Assembly of that State, and it shall in no case be less than forty. Statement 1 (upper ceiling of one-third of the Assembly) and Statement 2 (floor of forty members) are both exactly what the Constitution lays down, so both are correct.
- (b)Neither 1 nor 2 — Both statements are the actual constitutional limits under Article 171(1) — a one-third ceiling and a forty-member floor — so 'neither' is wrong.
- (c)Only 2 — Statement 1 is also correct: the Council can never exceed one-third of the Assembly's strength, so restricting the correct set to Statement 2 alone is wrong.
- (d)Only 1 — Statement 2 is also correct: the same Article sets a minimum of forty members, so excluding Statement 2 is wrong.
The State Legislative Council (Vidhan Parishad) is the permanent, indirectly constituted upper House of a State legislature. Article 171 governs its composition: the total number of members must not exceed one-third of the Legislative Assembly's strength (so it is always a smaller House), and can never fall below forty members. Its members come from five channels — MLAs, local bodies, graduates, teachers and gubernatorial nominees.
This is a 'both/neither' trap that rewards precise recall of Article 171. Candidates often remember the 'one-third' cap but forget the absolute floor of 'forty', or confuse the ceiling with 'one-half'. Because both limits quoted here are the genuine constitutional figures, the answer is 'Both 1 and 2'.
- Article 171(1): a Legislative Council's strength shall not exceed one-third of the Assembly's total membership.
- The same clause sets a minimum of forty members for a Legislative Council.
- The Council is thus always smaller than the Legislative Assembly of the State.
- Composition (Art. 171): ~1/3 by MLAs, 1/3 by local bodies, 1/12 by graduates, 1/12 by teachers, and 1/6 nominated by the Governor.
- Confusing the 'one-third' ceiling with 'one-half'
- Forgetting the absolute minimum of forty members
- Assuming every State has a Legislative Council — only a few bicameral States do
UPSC/UPPSC test Article 171 as statement-based questions on the Council's numerical limits (one-third cap, forty floor) or on which of the five categories elect/nominate its members.
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 the Legislative Council of that particular State. Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer(d) Neither 1 nor 2
Same concept — Article 171 sizing of the Legislative Council. There the trap is 'larger than half' (false, because the cap is one-third); here it is the one-third ceiling plus forty-member floor.
- practice — not a real PYQ
Under Article 171, the members of a State Legislative Council nominated by the Governor (from persons with special knowledge of literature, science, art, cooperative movement and social service) constitute how much of the total membership?
- (a)One-third
- (b)One-sixth
- (c)One-twelfth
- (d)One-half
Answer(b) One-sixth — the Governor nominates 1/6 of the Council's members.
- practice — not a real PYQ
Which Article of the Constitution empowers Parliament to create or abolish a State Legislative Council on a resolution of the concerned State Legislative Assembly?
- (a)Article 168
- (b)Article 169
- (c)Article 170
- (d)Article 171
Answer(b) Article 169 — Parliament may create/abolish a Council if the Assembly passes a special-majority resolution.