Question 17 of 45 · State Executive & Legislature
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SSC · Railway

The total number of members in the Legislative Council of a state cannot exceed what fraction of the total membership of the Legislative Assembly of that state?

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Answer: Option C — One-third

Detailed Solution

Under Article 171(1), the total number of members in the Legislative Council of a state shall not exceed one-third of the total number of members of the Legislative Assembly of that state.

Why the limit exists:

  • It keeps the Council smaller than the Assembly, so that the directly elected House remains dominant.
  • It reflects the Council's role as a revising chamber, not an equal partner.

Composition under Article 171(3):

  • About one-third of the members are elected by members of local bodies, such as municipalities and district boards.
  • About one-third are elected by members of the Legislative Assembly from among persons who are not members of the Assembly.
  • One-twelfth are elected by graduates of three years' standing residing in the state.
  • One-twelfth are elected by teachers of three years' standing, teaching in institutions not lower than secondary schools.
  • The remaining one-sixth are nominated from among persons with special knowledge or practical experience in literature, science, art, the co-operative movement and social service.

Mode of election:

The elected members are chosen through the single transferable vote.

Who decides the details:

  • Parliament can by law change the composition of the Councils, but the Constitution lays down the above scheme until Parliament provides otherwise.
  • The actual strength of each Council is fixed by Parliament.

Example:

A state with an Assembly of 240 members can have a Council of at most 80 members.

Nature of the Council:

  • It is a permanent body.
  • Its members are partly elected and partly nominated, unlike the Assembly, whose members are directly elected.

Comparison with Parliament:

The Rajya Sabha is a permanent House too, but its members are elected by state assemblies, with 12 nominated by the President.

Why not the other options?

  • ✗One-sixth is the share of nominated members, not the overall limit.
  • ✗One-fourth and one-half are not provided in the Constitution.

Quick tip

Remember: Legislative Council size cannot exceed one-third of the Assembly (Article 171(1)).

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State Executive & Legislature — Preparation

This question tests your understanding of State Executive & Legislature, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

This topic covers government at the state level: the Governor, the Chief Minister and the State Council of Ministers, the Advocate General, the State Legislature, including the legislative councils in states that have them, and the special provisions for certain states. Questions usually cover the appointment and powers of the Governor, the Governor's discretionary powers, which states have a bicameral legislature, and how a legislative council is created or abolished (Article 169). Remember that the Governor is appointed by the President and holds office during the President's pleasure. Practise the state executive and legislature questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.