With reference to the Legislative Council of a State in India, consider the following statements: 1. The Legislative Assembly of the concerned state must pass a resolution by a simple majority to recommend the creation or abolition of the Legislative Council. 2. Within the limits specified by the Constitution, the exact size and strength of a state's Legislative Council is determined by the Parliament of India. Which of the statements given above is/are correct?
Parliament, Lok Sabha, Rajya Sabha & Legislative Procedure — question ID 976
Options
A.
B.
Explanation
Statement 1 is incorrect because the state legislative assembly must pass a resolution by a special majority (i.e., a majority of the total membership of the assembly and by a majority of not less than two-thirds of the members present and voting) to create or abolish a Legislative Council. Statement 2 is correct because, under Article 171, while the Constitution sets the maximum strength (one-third of the Legislative Assembly) and minimum strength (40), the actual final strength of the Council is determined by Parliament.