Q. 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.

Which of the statements given above is/are correct?

  • 1 only
  • 2 only
  • Both 1 and 2
  • Neither 1 nor 2

Answer: (d) Neither 1 nor 2

Notes:
  • The State Legislative Council, or Vidhan Parishad, is the upper house in those states of India that have a bicameral state legislature; the lower house being the State Legislative Assembly.
    • Its establishment is defined in Article 169 of the Constitution of India.
    • Only 6 out of 28 states have a Legislative Council. These are Andhra Pradesh, Karnataka, Telangana, Maharashtra, Bihar, and Uttar Pradesh.
      • No union territory has a legislative council.
  • Under Article 171 of the Constitution, the size of the State Legislative Council cannot be more than one-third of the membership of the State Legislative Assembly.
  • However, the size of the legislative council cannot be less than 40 members.
  • Members of a State Legislative Council (MLC) must be a citizen of India, at least 30 years old, mentally sound, not an insolvent, and must be an enrolled voter of the state.
  • The tenure of a Member of the Legislative Council (MLC) is six years, with one-third of the members retiring every two years.
  • It is a permanent body and is not subject to dissolution. 
  • The Chairman of the Legislative Council is elected by the members from amongst itself.