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With reference to the Legislative Assembly of a State in India, consider the following statements:

  1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year.
  2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.
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 correct

Special Address: Article 176(1) mandates the Governor to address the Legislative Assembly (or both Houses assembled together) at the commencement of

  • The first session after each General Election and
  • The first session of each year.
  • Constitutional Purpose: The address informs the Legislature about the “causes of its summons” as mandated by Article 176(1).
  • No Discretion: The Governor has no constitutional authority to refuse or alter this address, as it is a binding duty.

Additional Information

  • Discretionary Address: Article 175(1) empowers the Governor to address the Legislative Assembly, either House, or both Houses assembled together, at any time.
  • Legislative Messages: Article 175(2) authorises the Governor to send messages to the House(s) on pending Bills or otherwise.
  • Mandatory Duty: The House is required to consider messages under Article 175(2) with “all convenient dispatch” (in the fastest reasonable speed).
Statement 2 is correct
  • In the absence of specific rules on a matter within the State Legislature, it typically refers to the rules and procedures of the Lok Sabha as a guideline. This practice is commonly followed, even though it is not explicitly outlined in the Constitution.
Answer: (c) Both 1 and 2; Difficulty Level: Medium

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