Q/A

Question Answers
Q1. What is a Unicameral Legislature
Ans: A Unicameral Legislature refers to a legislative structure composed of a single
deliberative assembly, which holds complete authority over the law-making process
within a political system. In such a framework, all legislative responsibilities—such as
drafting, debating, amending, and enacting laws—are centralized within one house,
without the involvement of a second, revisory chamber.
This system eliminates the bicameral distinction between an upper and lower house,
thereby facilitating greater legislative efficiency, reduced procedural complexity, and
cost-effectiveness. However, the absence of a second chamber may also result in
limited institutional checks and a reduced scope for in-depth scrutiny, potentially
affecting the quality and representativeness of legislation.

Q2. What is a Bicameral Legislature

A Bicameral Legislature is a legislative system in which the law-making body is divided
into two separate chambers or houses, each serving distinct constitutional roles and
functions within the legislative process. These two houses are commonly known as the
Lower House (e.g., Legislative Assembly or Vidhan Sabha) and the Upper House (e.g.,
Legislative Council or Vidhan Parishad, in the states).
This dual-house structure is designed to ensure a more balanced, representative, and
deliberate form of governance, where the Lower House reflects the direct will of the
people, and the Upper House acts as a revisory or advisory body, offering institutional
checks, deeper scrutiny, and regional or expert representation.

Q3. How is the representation of the weaker sections of society ensured in the
legislative assembly of a state ?
1. Reservation of Seats for Scheduled Castes (SCs) and Scheduled Tribes (STs)
 Under Article 332 of the Indian Constitution, a certain number of seats in the
Legislative Assembly of every state are reserved for Scheduled Castes (SCs) and
Scheduled Tribes (STs) in proportion to their population in the state.
 These constituencies are delimited in such a way that only candidates belonging to
SC or ST communities can contest, but all voters in the constituency can vote.

🔷 2. Delimitation of Constituencies
 The Delimitation Commission of India, an independent body, redraws the
boundaries of electoral constituencies to ensure fair and proportionate
representation of SCs and STs.
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 It also ensures that reserved constituencies are rotated periodically to avoid
permanent reservation in any particular area.

🔷 3. Political Empowerment Through Representation

 The reservation system helps provide a voice to those historically marginalized in
Indian society.
 Members from SC/ST communities are empowered to participate in debates, raise
community-specific issues, and ensure the formulation of inclusive policies.

🔷 4. Legal Safeguards Against Discrimination

 Various constitutional provisions like Articles 15, 17, and 46 aim to protect and
promote the interests of weaker sections.
 Elected representatives from these groups play a critical role in monitoring the
enforcement of such rights through the legislature.

🔷 5. Efforts for Women and Other Weaker Sections (Future Reform)

 Although not yet enacted at the state level, proposals such as the Women's
Reservation Bill (now passed in Parliament as the Nari Shakti Vandan Adhiniyam,
2023) seek to reserve seats for women in legislatures.
 States may adopt similar measures to enhance women’s representation in the
future.

✅ Conclusion:
The reservation of seats for SCs and STs in the State Legislative Assembly ensures
adequate representation of weaker and historically disadvantaged sections. This
constitutional mechanism is essential for achieving equity, inclusion, and participatory
democracy in the legislative process.

[Link] is the minimum age for the membership in a. legislative assembly [Link]
House of State Legislature Minimum Age Required

Legislative Assembly (Lower House) 25 years

Legislative Council (Upper House) 30 years

[Link] what circumstances does a member of a state legislature become subject to

disqualification by anti-defection law
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1. Voluntary Giving Up of Party Membership
 If a member voluntarily resigns from the political party on whose ticket they were
elected, they are liable for disqualification.
 This includes not just formal resignation but also conduct indicating disloyalty to
the party.
2. Voting or Abstaining Against Party Whip
 If a member votes or abstains from voting in the legislature against the directive of
their political party (whip) without prior permission, they can be disqualified.
3. Independent Members Joining a Party
 An independent candidate who is elected and joins a political party after the
election is disqualified.
4. Nominated Members Joining a Party After Expiry of Time
 A nominated member must remain non-affiliated for the first 6 months after
nomination. If they join a political party after this period, they become liable for
disqualification.

🔷 Exceptions to Disqualification:
✅ 1. Merger Provision
 A member is not disqualified if their original political party merges with another
party and:
o Two-thirds of its legislators agree to the merger.
✅ 2. Presiding Officers
 The Speaker or Chairman of the House, if elected, is allowed to resign from the
party and still hold office without disqualification, provided they remain neutral.

🔷 Authority to Decide Disqualification:

 The Speaker of the Legislative Assembly or the Chairman of the Legislative Council
is the final authority to decide on matters of disqualification under the Anti-
Defection Law.

Q6. What is quorum to constitute a meeting in the legislative assembly ?

Quorum in the Legislative Assembly:
 As per Article 189(3) of the Indian Constitution, the quorum for a meeting of the
State Legislative Assembly is one-tenth (1/10th) of the total number of members of
the Assembly.
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Q7. What status are accorded to the leader of opposition in the legislative assembly
The Leader of the Opposition in the State Legislative Assembly holds an important
constitutional and institutional position, serving as the head of the largest party in
opposition to the ruling government. This role is critical for ensuring a healthy,
functioning democracy, as it provides constructive criticism, accountability, and
alternative perspectives in the legislative process.

🔷 Recognition and Status:

1. Official Recognition:
o The Leader of the Opposition is formally recognized by the Speaker of the
Legislative Assembly.
o To be officially recognized, the opposition party must have at least 10% of
the total strength of the House.
2. Rank and Privileges:
o The Leader of the Opposition is granted the status of a Cabinet Minister in
terms of pay, allowances, and official facilities.
o They receive office space, staff support, official vehicles, and protocol
privileges similar to those of a minister.
3. Member of Key Committees:
o The Leader of Opposition often serves on various important legislative and
advisory committees, such as:
 Public Accounts Committee
 Business Advisory Committee
 Selection Committees for constitutional and statutory appointments
4. Role in Democratic Governance:
o Acts as the chief critic of the government, holding it accountable through
debates, questions, motions, and discussions.
o Provides alternative policy ideas and acts as the voice of dissent, essential
in a pluralistic society.
o Plays a vital role in safeguarding the interests of the public and minorities.

✅ Conclusion:
The Leader of the Opposition in the Legislative Assembly is not merely a ceremonial
figure but a pillar of parliamentary democracy. The role enjoys statutory recognition,
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institutional respect, and functional importance, ensuring checks and balances within
the legislative process and protecting the principles of transparency and accountability
in governance.

Q8. Mention any two qualification which an individual should possess in order to have
a seat in legislative assembly?
To be eligible for a seat in the Legislative Assembly of a state, an individual must meet
certain constitutional qualifications as outlined under Article 173 of the Indian
Constitution.

🔷 1. Minimum Age Requirement

 The person must be at least 25 years old.
 This ensures that the candidate has attained a mature understanding of public
affairs and is capable of bearing legislative responsibilities.

🔷 2. Citizenship of India
 The individual must be a citizen of India.
 This guarantees loyalty to the Constitution and ensures that legislative powers are
exercised by those committed to the sovereignty and unity of the nation.

✅ Other qualifications (for reference, not required in the answer):

 The person must be registered as a voter in any constituency of the state.
 The individual must not hold any office of profit under the government.
 The person must not be of unsound mind or an undischarged insolvent.

Q9. What do mean by when we say legislative assembly is a permanent house wrong
Q10. What happens in case of a conflict between a central law and state law with
regard to the subject enumerated in the concurrent list ?
The Concurrent List contains subjects on which both the Parliament (Centre) and the
State Legislatures are empowered to make laws (e.g. education, forests, marriage,
etc.). However, conflicts may arise when both the Union and a State make
contradictory laws on the same subject.

🔷 Constitutional Provision: Article 254

The Indian Constitution provides a clear rule to resolve such conflicts:
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🔹 General Rule – Central Law Prevails
 If a State law conflicts with a Central law on a subject in the Concurrent List, then:
✅ The Central law shall prevail, and
❌ The State law becomes void to the extent of the inconsistency.
🔹 Exception – Presidential Assent to State Law
 However, if the State law has received the President’s assent, then:
✅ The State law will prevail in that particular state,
even if it contradicts an earlier Central law.
 But, Parliament still retains the power to override that State law by enacting a new
law on the same subject.

📝 Example:
Suppose both the Centre and a State pass laws on education reform (a Concurrent List
subject), and there is a contradiction:
 The Central law will override the State law unless...
 The State law has received Presidential assent, in which case it will apply only
within that state.

✅ Conclusion:
In case of conflict on Concurrent List subjects:
 Central law prevails by default.
 State law can prevail temporarily within the state, if it has received Presidential
assent.
 Parliament can still reassert its supremacy by passing another law to override the
state legislation.

Q11. Mention any one limitation placed by the constitution on the legislative powers
of the state legislature
It Cannot Make Laws on Subjects in the Union List
 The State Legislature is not empowered to make laws on subjects that are included
in the Union List (e.g., defence, foreign affairs, railways, atomic energy).
 These subjects are of national importance, and only the Parliament of India has the
exclusive authority to legislate on them.
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Q12. Mention any one circumstance under which the union parliament may legislate
on a subject in the state list.
Although the State List is primarily reserved for State Legislatures, the Union
Parliament can legislate on a subject in the State List under certain special
circumstances.

🔷 Circumstance: During a National Emergency

 Under Article 250 of the Constitution, when a National Emergency is in force (as
per Article 352), the Parliament is empowered to make laws on any subject in the
State List.

✅ Key Points:
 This power is temporary and lasts only as long as the emergency is in operation.
 Such a law becomes invalid six months after the emergency ends, unless re-
enacted in another form.

📝 Example:
If a national emergency is declared due to war or external aggression, Parliament can
pass laws on subjects like police, public health, or agriculture, even though they
normally fall under state jurisdiction.

[Link] two ways in which the legislative assembly may exercise control over the
state executive (Council of ministers)?
🔷 1. Question Hour and Debates
 During the Question Hour, members of the Legislative Assembly may question
ministers about the working of their departments.
 These questions help uncover inefficiency, corruption, or delay, and compel the
executive to give explanations publicly.
 Debates on public issues also bring government policies under scrutiny.

🔷 2. No-Confidence Motion
 The Assembly can pass a No-Confidence Motion against the Council of Ministers.
 If the motion is passed by a majority, the Council of Ministers must resign.
 This ensures that the executive functions only as long as it enjoys the confidence of
the elected representatives.
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Q14. Mwntion any two such articles the amendment of which requires to be ratified by
the state legislature
Under Article 368 of the Constitution of India, some constitutional amendments not
only require approval by both Houses of Parliament but also need to be ratified by at
least half of the state legislatures. These typically relate to matters affecting the federal
structure of the country.

🔷 Two Such Articles Are:

1. Article 54 – Election of the President
 This article deals with the composition of the Electoral College for electing the
President.
 Any amendment to this article affects the role of states, and thus requires
ratification by state legislatures.
2. Article 368 – Procedure for Amending the Constitution
 This article lays down the process for constitutional amendments.
 Any change in this article impacts the balance of power between the Centre and
the States, and must be ratified by at least 50% of the states.

✅ Conclusion:
Amendments affecting the federal framework, such as the powers of states, the
representation in Parliament, or the election of the President, must be ratified by a
majority of state legislatures in addition to being passed by Parliament.

Q15. Mention any one provision of the constitution which suggests that the legislative
assembly is more powerful than legislative council.
The Legislative Assembly holds a superior position over the Legislative Council in
several respects. One clear constitutional provision that demonstrates this is:

🔷 Exclusive Power Over Money Bills

 According to Article 198 of the Constitution:
A Money Bill can only be introduced in the Legislative Assembly, not in the Legislative
Council.
 Once passed by the Assembly, the Money Bill is sent to the Council, which can only:
o Make recommendations (not binding), and
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o Must return the bill within 14 days.
 If the Council fails to act or suggests changes, the Assembly may accept or reject
those suggestions. The final decision rests solely with the Assembly.

✅ Conclusion:
This provision clearly establishes the Legislative Assembly’s dominance, especially in
financial matters, and proves that the Legislative Council has only an advisory role in
such important legislation.

Q16. Mention two such powers as are available to both houses of state legislature
1. Power to Discuss and Debate Bills
 Both houses have the power to introduce, discuss, and debate Ordinary Bills (i.e.,
non-money bills).
 A bill becomes law only after it is passed by both houses (with or without
amendments) and receives the Governor’s assent.

🔷 2. Power to Participate in Constitutional Amendments

 Both the Legislative Assembly and Legislative Council can discuss and vote on
constitutional amendment bills, when such participation is required.
 However, this only applies when Parliament passes an amendment that must be
ratified by the states under Article 368.

Q17. State how long can Legislative council delay a money bill passed by the legislative
assembly .
The **Legislative Council can delay a Money Bill for a maximum of 14 days from the
date it receives the bill from the Legislative Assembly.
Structured question :
Q1. With reference to the composition and organization of the legislative assembly
answer the following questions
i. How is the legislative assembly composed
ii. What are qualification for being a member of the legislative assembly.
iii. What is the term of the house
Ans: (i) How is the Legislative Assembly Composed?
The Legislative Assembly is the lower house of the State Legislature and
is composed of members directly elected by the people of the state.
 The number of members varies from state to state depending on its population.
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 Each member represents a single territorial constituency.
 Members are elected using the first-past-the-post system through adult suffrage.
 The maximum strength is 500 and the minimum is 60, though there are exceptions
(e.g., Sikkim, Goa, etc.).

🔷 (ii) What Are the Qualifications for Being a Member of the Legislative
Assembly?
To be eligible for election as a member of the Legislative Assembly, a
person must:
1. Be a citizen of India.
2. Be at least 25 years old.
3. Be registered as a voter in any constituency of the state.
4. Not hold any office of profit under the government.
5. Not be disqualified under any law made by Parliament (e.g., for unsound mind,
insolvency, or criminal conviction).

🔷 (iii) What Is the Term of the House?

 The normal term of the Legislative Assembly is 5 years from the date of its first
sitting.
 However, it can be dissolved earlier by the Governor on the advice of the Chief
Minister.
 During a National Emergency, the term can be extended by one year at a time, but
not beyond six months after the Emergency ends.

Q2. The office of the speaker is of much dignity ,honour and [Link] this context
answer the following question
i. What are the Speaker’s regulatory, disciplinary, and administrative powers?
ii. How was he sought to be made impartial and independent by the Constitution
Ans: i) What Are the Speaker’s Regulatory, Disciplinary, and Administrative Powers?
✅ Regulatory Powers:
 The Speaker presides over the meetings of the Legislative Assembly and ensures its
smooth functioning.
 He/she decides the order of business, allows members to speak, and maintains
decorum in the House.
 Has the final say in the interpretation of rules of procedure.
✅ Disciplinary Powers:
 Can suspend unruly members or expel them for misconduct.
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 Can warn, name, or order a member to withdraw from the House for violating
decorum.
 Ensures that debates remain dignified and relevant to the agenda.
✅ Administrative Powers:
 Controls the Lok Sabha Secretariat (or Assembly Secretariat) and manages its staff
and finances.
 Decides on admission of questions, resolutions, and motions for discussion.
 Plays a key role in committees by appointing members and chairpersons.

🔷 (ii) How Was He/She Sought to Be Made Impartial and Independent by the
Constitution?
To ensure the Speaker performs duties impartially and without bias, the Constitution
provides the following safeguards:
1. ✅ Elected by the House:
o The Speaker is elected by the members of the Legislative Assembly
themselves, giving the post democratic legitimacy.
2. ✅ Tenure Security:
o Remains in office until the Assembly is dissolved, unless removed by a
special majority resolution (i.e., majority of total membership).
3. ✅ Fixed Procedure for Removal:
o Cannot be removed casually. Removal requires 14 days’ notice and support
of majority of total members of the House.
4. ✅ Salary from Consolidated Fund:
o The Speaker’s salary is drawn from the Consolidated Fund of the State,
meaning it is not subject to Assembly approval, protecting financial
independence.
5. ✅ Authority in Anti-Defection Cases:
o The Speaker alone has the power to decide disqualification of members
under the Anti-Defection Law.

✅ Conclusion:
The office of the Speaker is structured to ensure neutrality, dignity, and command over
the Assembly, making it a cornerstone of parliamentary democracy at the state level.
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Q3. Only a few states of Indian union have second chambers. In this Context, answer
the following
i. How many of the members of a Legislative council are elected by membersof
the legislative assembly and by registered graduates
ii. What are qualification for being a member of the Legislative Council
iii. What is the term of the house
Ans: i) How Many of the Members of a Legislative Council Are Elected by Members of
the Legislative Assembly and by Registered Graduates?
The Legislative Council (Vidhan Parishad) is the upper house in states that have a
bicameral legislature. Its composition is partly elected and partly nominated.
 One-third (1/3) of the members are elected by the members of the Legislative
Assembly of the state.
 One-twelfth (1/12) of the members are elected by registered graduates who have
been graduates for at least three years and reside in the state.
These elections are held using the proportional representation system by the single
transferable vote method.

🔷 (ii) What Are the Qualifications for Being a Member of the Legislative Council?
To become a member of the Legislative Council, a person must:
1. Be a citizen of India.
2. Be at least 30 years old.
3. Be mentally sound, not an undischarged insolvent, and not convicted of a criminal
offence punishable with imprisonment.
4. Be registered as a voter in the concerned state.
5. Fulfill any additional qualifications prescribed by Parliament under the
Representation of the People Act.

🔷 (iii) What Is the Term of the House?

 The Legislative Council is a permanent body and cannot be dissolved.
 However, one-third of its members retire every two years, and elections are held to
fill those vacancies.
 Each member serves a term of 6 years.

Q4. With regard to the powers and privileges of the state legislature mention
i. Any three limitation on the legislative powers of the State legislature
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ii. Any four ways the legislative Assembly exercises control over the executive
(Council of ministers )
iii. Any three articles of the constitution whose amendment shall require to be
ratified by the state legislature
Ans: Three Limitations on the Legislative Powers of the State Legislature:
1. Federal Division of Powers (Article 246 & Seventh Schedule):
o The State Legislature can only make laws on subjects in the State List and
Concurrent List, not on matters in the Union List.
2. President's Assent (Article 200):
o Certain bills passed by the State Legislature may be reserved by the
Governor for the President’s consideration. The President may withhold or
give assent, restricting the state’s autonomy.
3. Doctrine of Repugnancy (Article 254):
o If a state law conflicts with a central law on a Concurrent List subject, the
central law prevails, unless the state law has received the President’s
assent.

🔷 (ii) Four Ways the Legislative Assembly Exercises Control Over the Executive (Council
of Ministers):
1. Question Hour and Zero Hour:
o Members ask questions to hold ministers accountable and to seek
information on government functioning.
2. Motion of No Confidence:
o If passed, it forces the entire Council of Ministers to resign, showing the
Assembly’s supreme power over the executive.
3. Adjournment and Censure Motions:
o Used to criticize government policies, compel ministers to justify actions, or
even demand resignation in serious matters.
4. Debates on Budget and Policies:
o The Assembly can discuss and scrutinize government expenditure and
policies, ensuring transparency and accountability.

🔷 (iii) Three Articles of the Constitution Requiring Ratification by State Legislatures for
Amendment:
Amendments under Article 368 (2) require ratification by at least half of the state
legislatures. Three such articles include:
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1. Article 54 – Election of the President
(Relates to how states participate through the electoral college)
2. Article 73 & 162 – Extent of executive powers of the Union and the States
(Changes in the power balance between Centre and States)
3. Article 368 – Amendment procedure itself
(Any change in the amendment process needs ratification)

✅ Conclusion:
The Constitution provides a well-balanced structure where the State Legislature enjoys
authority but is also constitutionally restrained, and it plays a vital role in ensuring
executive accountability and in constitutional amendments of federal nature.

[Link] Legislative council is merely an advisory and a dilatory chamber. In the context
answer the following
i. What powers does the legislative council have with regard to money bill
ii. What are its powers with regard to a Non-money Bill?
iii. Describe the relationship between the legislative assembly and the legislative
council under these heads :
a. Financial sphere
b. Control over Non money bills
Ans: (i) What Powers Does the Legislative Council Have With Regard to a Money Bill?
 The Legislative Council has no power to originate a Money Bill.
 Once the Legislative Assembly passes a Money Bill, it is sent to the Council.
 The Council cannot amend the Money Bill, only recommend changes within 14
days.
 The Assembly may accept or reject these recommendations.
 If the Council does not return the bill within 14 days, it is deemed passed in the
form approved by the Assembly.
🟩 Conclusion: The Council has only a consultative and delaying role in financial
matters.

🔷 (ii) What Are Its Powers With Regard to a Non-Money Bill?

 The Council can introduce or amend Non-Money Bills, but its powers are inferior to
those of the Assembly.
 If a disagreement arises between both Houses over a Non-Money Bill, the
Assembly has the final say.
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 If the Council rejects a bill or delays it for more than 4 months (2 sessions), the
Assembly may repass the bill, after which it is considered passed, even without the
Council's approval.
🟩 Conclusion: The Council may delay, but cannot block or veto a Non-Money Bill.

🔷 (iii) Relationship Between the Legislative Assembly and Legislative Council:

(a) Financial Sphere:
 The Legislative Assembly holds supremacy in all matters of finance.
 The Council cannot initiate, amend, or block Money Bills.
 At best, it may recommend changes, which the Assembly is not bound to accept.
(b) Control Over Non-Money Bills:
 The Council can debate, amend, or reject Non-Money Bills.
 However, in case of persistent disagreement, the Assembly’s will prevails.
 There is no provision for a joint sitting, reinforcing the dominance of the Assembly.