Number of questions- Mains: 02, Prelims – 10

Mains Questions of the day- 

Q. Discuss the Governors role both as the ‘agent of the Centre’ and ‘Constitutional head of the State’? 

Answer Framework: –

Introduction:

Write about the Constitutional position of the Governor and his role in the polity both as an agent of the Center and as a Constitutional head of the State (The governor is the chief executive head of the State. He is a nominal executive head and also acts as an agent of the Central Government). 

Body: –

Discuss how the Governors role in acting as agent of Centre in recent times. 

Mention the importance of his position as a Constitutional head.

Conclusion: – 

• The role of Governor is indispensable for the successful working of the Constitutional Democracy. 
• He must refrain from aligning himself to any political ideology. 
• The virtue of impartiality must be withheld to ensure a free and fair administration in the State. 

Content: –

Governor is being criticized for being a puppet of central government as agent of Centre than being the constitutional head of state.

• Governor acting more as an ‘agent of the Centre’: Misuse of Article 356:  

A discretionary power under Article 356, Governor need to submit report to advise the President to proclaim emergency if there is Constitutional breakdown. This power has been abused by political parties at Centre to dismiss Governments in State governed by parties in opposition.

• Power of reserving bill: 

Constitution provides that Governor can reserve the bill for consideration of the President. Even though Constitution does not provide Centre the power to veto State’s legislation, through power of reservation Centre exercises this power by delaying any legislation through President refusal to assent to State’s legislation.

• Arbitrary removal of Governors: There have been instances of removal of Governors in States with Government change at the Centre. Thus Governors most of the time due to fear of removal favour political party in Centre and work as agent for them.

Following are some suggestions made by the Commissions regarding Governors role: –

• The post of the Governor should be reserved for non-political appointees and the Supreme Court should lay down the law on how the Governor ought to act.

• The Sarkaria Commission recommended that A356 should be used in very rare cases when it becomes unavoidable to restore the breakdown of constitutional machinery in the State.
• The “Punchhi commission” recommended that this Articles 355 & 356 be amended. It sought to protect the interests of the States by trying to curb their misuse by the Centre.
• A national panel should be prepared after involving the opposition, ruling party, civil society and the Judiciary in the selection process. The Governor should be appointed from this panel after consultation with the CM of the State in which he or she is to function.
• In the current political climate, point to the need to ensure proper checks and balances to streamline the functioning of this office.
• In order to enable the Governor to successfully discharge his functions under the constitution, an agreed ‘Code of Conduct’ approved by the State Governments, the Central Government, the parliament, and the State legislatures should be evolved.

Q. Discuss the need and importance of legislative councils in Indian states?
Answer: –

Introduction: –

• India has a bicameral system i.e., two Houses of Parliament. At the state level, the equivalent of the Lok Sabha is the Legislative Assembly and that of the Rajya Sabha is the Legislative Council. 
• A169 provide for creation and abolition of legislative councils in states. 

Body: –

Need and importance of state Legislative Councils. 

Criticism of Legislative Councils.

Conclusion: –

The Legislative Council’s role in the polity as being burden to the Public Exchequer should be converted into more responsible body in the formulation policy and programmes of the State Government.

Content: –

Importance of state legislative councils:

• Check against hasty Legislation: 

A second House of Legislature is considered important to act as a check on hasty actions by the popularly elected House. If there are two chambers, the measures passed by one would be scrutinized by the other minutely. Hence the laws enacted finally would be carefully analyzed and thoroughly discussed.

• Prevent autocracy:

 It is argued that second house put a check on autocratic tendencies of the Lower Chambers. To vest the Legislative powers with a popularly elected House alone may prove harmful to the people of the State as legislation may be arbitrary.

• Accommodation of talent: 

Elderly, experienced and sober individuals, cannot-bear the ordeal of electioneering neither campaign nor are they keen to indulge in vicious party politics. The Legislative Councils accommodate such personalities not only through the nominated quota but also through the quota reserved for teachers and the graduates.

• Reduce workload of Legislative Assembly: 

Since the Legislative Assemblies are generally flooded with work, due to the rapid growth in the functions of a modern welfare state, a unicameral legislature cannot cope with the work and devote fully to the bills brought before it for enactment. Legislative council lessens the burden of the Lower House and enables Assembly to fully concentrate on measures of greater importance.

Criticism of state legislative councils:

• Superfluous and Mischievous:

 If a majority of the members in the Upper house belong to the same party which holds majority in the Lower house, the Upper house will become a mere ditto chamber. On the other hand, if two different parties are in majority, the Upper house will delay the bills for months unnecessarily. Thus its role may become obstructive.

• Not an Effective Check: 

Powers of the Legislative Councils are limited and hardly impose any effective check on the Assemblies. Whether a Bill is approved by the Council or not, assembly can still go ahead after four months.

• Backdoor Entrance of the Defeated Members: 

Legislative Council can be utilized to accommodate discredited party-men who may not be returned to the Assemblies.

• Expensive Institution: 

It is expensive and a big drain on the State’s Exchequer.

Prelims Questions of the Day: –

1.The Upper Chamber of the State Legislature, besides other members, consists of:

A. 1/12 elected by teachers’ electorate; 1/3 elected by municipalities; 1/12 elected by registered graduates

B.  1/12 elected by registered graduates; 1/12 elected by women; 1/3 elected by trade unions and co-operative institutions

C. 1/12 elected by women; 1/12 elected by municipalities and other local bodies; 1/3 elected by teachers’ electorate

D. 1/3 directly elected by the people; 1/12 elected by registered graduates; 1/12 elected by co- operative banks, women’s organisations and other co-operative bodies

Ans:- A

Explanation:- 

No person can be a permanent member of the Council as one-third of the members of the Council retire on the expiry of every second year. It amounts to a term of six years for each member. There is no bar on a member getting re-elected on the expiry of his term.

• one-third of the total number of members of the Council would be elected by electorates consisting of members of local bodies like the municipalities and the district boards.
•  one-twelfth of the members would be elected by electorates comprising of graduates.
• one-twelfth of the members would be elected by electorates consisting of teachers who have been in the teaching profession.
•  one-third would be elected by members of the Legislative Assembly from amongst people who are not Assembly members.
• The rest would be nominated by the Governor from persons having knowledge or practical experience in matters like science, literature, cooperative movement, art and social service. 

2.Which one of the following is not correct with respect to the powers of the Governor regarding a Bill passed by the State Legislature?

A. He may give his assent to the Bill

B.  He may withhold the Bill

C.  He may reserve the Bill for the consideration of the President

D.  He shall have no alternative but to give his assent to the Bill       

Answer:- D

Explanation: –

Every ordinary bill is presented to the governor for his assent after it has been passed by the legislative assembly in the case of a unicameral legislature or by both Houses in the case of a bicameral legislature, either in the first or second instance. He can choose from four options:

• If he gives his assent to the bill, it becomes an act.
• If he does not give his assent to the bill, it dies and does not become an act.
• He may refer the bill back to the House or Houses for reconsideration.
• He may reserve the bill for the President’s consideration.

3.What is the time limit within which a non-Money Bill has to be sent to the State Legislature by the Governor for reconsideration?                                                            

A.  14 days                                                                                           

B.  One month

C.  Three months

D.  No time limit specified

Answer: – D

Explanation: –

There is no time limit specified 

Every ordinary bill is presented to the Governor for his assent after it has been passed by the Legislative Assembly in the case of a Unicameral Legislature or by both Houses in the case of a Bicameral Legislature, either in the first or second instance. He can choose from four options:

• If he gives his assent to the bill, it becomes an act.
• If he does not give his assent to the bill, it dies and does not become an act.
• He may refer the bill back to the House or Houses for reconsideration.
• He may reserve the bill for the President’s consideration.

4.What is the maximum permissible strength of the Legislative Assembly (Vidhan Sabha) of any State?

A)  400 members                       

B)  425 members

C)  500 members                       

D)  545 members

Ans: – C

Explanation: –

• At present there are seven states which have bicameral legislature – Andhra Pradesh, Telengana, Uttar Pradesh, Bihar, Maharashtra, Karnataka and Jammu and Kashmir.
• The permissible strength of a Legislative Assembly (LA) is between 60 and 500.
• Total number of Members in the Legislative Council (LC) of a State shall not exceed one third of the total number of Members in the Legislative Assembly.

5.The Legislative Assembly of a State can pass a resolution to abolish or create a Legislative Council in the State by a:

A.  Majority of not less than 2/3 of the members of the Legislative Assembly present and voting.

B.  Majority of not less than 1 /3 of the members of the Legislative Assembly present and voting

C.  Majority of the total membership of the Legislative Assembly and by a majority of not less than 2/3 of the members present and voting

D.  Simple Majority of the members of the State Legislative Assembly

Answer:- C

Explanation: –

 Article 169 (Creation and Abolition):

• The Parliament can abolish a Legislative Council (where it already exists) or create it (where it does not exist) by a simple majority, that is, a majority of the members of each House present and voting, if the legislative assembly of the concerned state, by a special majority, passes a resolution to that effect.
• Special majority implies
  • A majority of the total membership of the assembly and
  • A majority of not less than two-thirds of the members of the assembly present and voting.

6.The Quorum to hold a meeting of a House of the State Legislature shall be:                      

A. Thirty members or one-tenth of total membership whichever is less                        

B. One-half of the total membership of the House

C.  One-tenth of the total membership of the House

D.  Ten members or one-tenth of total membership whichever is more

Answer: – D

Explanation: – 

Article 189(3) Until the Legislature of the State by law otherwise provides, the quorum to constitute a meeting of a House of the Legislature of a State shall be ten members or one tenth of the total number of members of the House, whichever is greater.

7.Consider the following 

1) Out of the eight Union territories, only Delh, Pondicherry and J&K have representation in Rajya Sabha.

2) The President can nominate only 12 members to the Rajya Sabha.

3) In Lok Sabha 20 members are to be representatives of the Union Territories.

Which of the statement given above is/are correct?

1. 1 only
2. 2 only
3. 1, 2 only
4. 1, 2 & 3

Answer: D 

Explanation: 

Article 80 of the Constitution lays down the maximum strength of Rajya Sabha as 250, out of which 12 members are nominated by the President and 238 are representatives of the States and of the two Union Territories.  

The present strength of Rajya Sabha, however, is 245, out of which 233 are representatives of the States and Union territories of Delhi and Puducherry and 12 are nominated by the President. 

The members nominated by the President are persons having special knowledge or practical experience in respect of such matters as literature, science, art and social service.

8: A No-Confidence motion against the Union Government can be initiated in which among the following?

1. Lok Sabha only
2. Rajya Sabha only
3. Either Lok Sabha or Rajya Sabha
4. Neither Lok Sabha or Rajya Sabha

Answer: A

Explanation: –

In India, a motion of no confidence can be introduced only in the Lok Sabha (the lower house of the Parliament of India). The motion is admitted for discussion when a minimum of 50 members of the house support the motion (under rule 198 of Lok Sabha Rules 16th edition).

9.Which Article in the Indian Constitution deals with the topic of State Legislature?

1. Article 22
2. Article 168
3. Article 380
4. Article 25

Ans. B

Explanation:

Article 168 to article 212 in the Indian Constitution consists of State Legislature

10. How many Indian States have a Bicameral legislature? 

1. 7
2. 6
3. 5
4. 3

Ans. B

Explanation:

Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh have Bicameral Legislatures in India.