Difficulty: Medium
Correct Answer: One third of all members shall be elected by electorates consisting of members of local bodies such as municipalities and district boards
Explanation:
Introduction / Context:
Some States in India have a bicameral legislature, which includes a Legislative Assembly and a Legislative Council. The composition and method of election to the Legislative Council are laid down in Article 171 of the Constitution of India. This question checks your knowledge of how the members of a Legislative Council are chosen and what proportion of them represent different electoral categories, such as local bodies and graduates.
Given Data / Assumptions:
- The question concerns the structure and composition of a State Legislative Council.- We need to identify which statement does not correctly reflect the constitutional provisions.- The statements mention the overall size of the Council and the proportions elected by local bodies and graduates.
Concept / Approach:
Article 171 of the Constitution specifies that the total number of members in the Legislative Council of a State shall not be less than 40 and shall not exceed one third of the total number of members in the Legislative Assembly of that State. It also details how different fractions of Council members are chosen. Roughly one third are elected by local authorities, one twelfth by graduates, one twelfth by teachers, one third by the members of the Legislative Assembly, and the remainder are nominated by the Governor. The incorrect option will be the one that misstates these proportions.
Step-by-Step Solution:
Step 1: Confirm that certain States such as Bihar and Telangana do indeed have Legislative Councils. This supports option A as correct.Step 2: Recall that the Constitution limits the size of the Legislative Council to not more than one third of the Assembly strength. This matches option B and makes it a correct statement.Step 3: According to Article 171, about one third of the Council members are elected by local authorities like municipalities, district boards and other such local bodies. The question option C incorrectly says “one twelfth of all members” in the original text, but here we restate it correctly for analysis. In the given group of options, the statement that local bodies elect only one twelfth would clearly be wrong.Step 4: One twelfth of the members are indeed elected by electorates composed of graduates residing in the State. This makes option D correct.Step 5: Since only the proportion given for local body representation is misstated, that statement is the incorrect one.
Verification / Alternative check:
You can verify this by remembering a simple pattern: one third local bodies, one third elected by the Assembly, one twelfth graduates, one twelfth teachers and the rest nominated. If any option mentions a different fraction for local authorities, such as one twelfth, you can confidently identify it as incorrect. This pattern is frequently tested and worth memorising for examinations on Indian polity.
Why Other Options Are Wrong:
Option A is correct because Bihar and Telangana are among the States that presently have Legislative Councils.Option B is correct as it faithfully reflects the constitutional ceiling on the size of a Legislative Council, which is one third of the Assembly strength.Option D is correct because Article 171 provides that one twelfth of the Council members are elected by electorates consisting of persons who have been graduates for at least three years, residing in the State.
Common Pitfalls:
Candidates often confuse the exact fractions for different categories in the Legislative Council. It is common to mix up the one third reserved for local authorities with the one twelfth for graduates and teachers. Another mistake is to assume that all members are directly elected by the people in the same way as Members of the Legislative Assembly, which is not true. The Council is a representative body designed to give voice to special interests such as local bodies, graduates and teachers, as well as to allow for nominated experts.
Final Answer:
Correct answer: One third of all members shall be elected by electorates consisting of members of local bodies such as municipalities and district boards
Discussion & Comments