(1) Article 171(1)(a) states that the total number of members in the Legislative Council of a State shall not exceed one-third of the total number of members in the Legislative Assembly of that State. This cap ensures the Upper House is significantly smaller than the Lower House. (2) Article 171(1)(b) read with subsequent clauses implies that the total number of members in the Legislative Council of a State shall in no case be less than forty. This sets a minimum strength for the council. (Note: The erstwhile Jammu and Kashmir Legislative Council was an exception with 36 members before its abolition). These limits (maximum 1/3rd of Assembly strength and minimum 40 members) are standard constitutional provisions for states with Legislative Councils.
With reference to the composition of the Legislative Council in a state of India, which of the following statement/s is/are correct? Select the correct answer from the code given below - (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.
Asked in UPPCS Prelims 2023 · Topic: The State Legislature (Legislative Council (Vidhan Parishad): Creation, Abolition, Composition, Duration)
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