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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?
  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Explanation

Statement 1 is incorrect
  • The maximum strength of the council is fixed at one-third of the total strength of the assembly and the minimum strength is fixed at 40. It means that the size of the council depends on the size of the assembly of the concerned state. This is done to ensure the predominance of the directly elected House (assembly) in the legislative affairs of the state. Though the Constitution has fixed the maximum and the minimum limits, the actual strength of a Council is fixed by Parliament.
Statement 2 is incorrect
  • The Chairman is elected by the council itself from amongst its members.
Answer: (d) Neither 1 nor 2; Difficulty Level: Easy
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