STATE LEGISLATURE

INTRODUCTION
• Constitution has provided an uniform pattern of government for the states.
• For every state there shall be a legislature which consists of Governor, and
Houses of legislature.
• The states of Andhra Pradesh, Telangana, Utter Pradesh, Bihar,
Maharashtra, Karnataka have two houses(bicameral legislature)
• All other states will have only one House(unicameral legislature)
• Where there are two houses in the legislature of a state one shall be known
as Legislative Assembly and other Legislative Council
• Where there is only one house it shall be known as Legislative Assembly
Legislative Assembly (Vidhan Sabha) Legislative Council (Vidhan Parishad)
The Legislative Assembly is the lower house of The Legislative Council serves as the upper
the State Legislature. house of the State Legislature.
Members of the Legislative Assembly are elected Members of the Legislative Council are elected
directly. indirectly.
Members of the Legislative Assembly are chosen Members of the Legislative Council are elected
directly by the people. by various entities like the state legislative
assembly, local bodies, etc.
Members of the Legislative Assembly serve for a Members of the Legislative Council serve for a
term of 5 years. term of 6 years.
The Legislative Assembly is presided over by the The Legislative Council is presided over by the
Speaker. Chairman.
The minimum age for membership in the The minimum age for membership in the
Legislative Assembly is 25 years. Legislative Council is 30 years.
All states in India have a Legislative Assembly. Only six states in India - Andhra Pradesh, Bihar,
Karnataka, Maharashtra, Telangana, and Uttar
Pradesh, have a Legislative Council.
The maximum number of members in the The number of members in the Legislative
Legislative Assembly is 500, and the minimum is Council should be one-third of the total number
60. of members in the Legislative Assembly, but not
less than 40.
 NOMINATION AND
RESERVATION
• The governor has the power to nominate 1 member from
Anglo-Indian community.
• A certain number of seats are also reserved in each
Legislative Assembly for SC & ST to provide sufficient
representation to them
 LEGISLATIVE ASSEMBLY
(VIDHAN SABHA)
• The members of the legislative assembly are chosen by direct
election on the basis of universal adult franchise from territorial
constituents.
• The no of members of the assembly shall not be more than 500
or less than 60
• The legislative assemblies of Mizoram and Goa have a special
provision for 40 members each.
• The actual members of the house is revised from time to time on
the basis of latest census.
 TERM
• Legislative Assembly is elected for a term of 5 year.
• It may be dissolved earlier by the Governor on the advice
of the Chief Minister. The state is then placed under
Presidents Rule.
• When an emergency is on operation, the life of the house
may be extended but this extension shall not be more than
a year time.
 SESSIONS
• The governor summons the sessions of the state
legislature.
• There should be at least 2 sessions of the Legislative
Assembly in a year.
QUORUM
• Either 10members or one-tenth of total members of the
assembly, whichever is greater.
 QUALIFICATION FOR A
MEMBER
• A citizen of India
• Not less than 25 years of age
• Qualified as may be prescribed under any law made by the
parliament.
A candidate shall not be elected to the assembly unless he is
registered voter with any of the constituent assembly with
in the state.
 POWERS & FUNCTIONS OF
LEGISLATURE
• Legislative powers
• Control over executive
• Financial powers
• Constituent powers
• Elective power
 POWERS & FUNCTIONS

LEGISLATIVE CONTROL OVER

POWERS FINANCIAL POWERS
EXECUTIVE

To make law
To modify law To ask question To pass budget
To delete law To pass no confidence To debate and discussion on
To reject bill motion budget
To debate bill Debates and discussion To form financial committee
 CONSTITUENT POWERS

• Certain amendments like the election of president or

Union judiciary, these subjects have to be passed by the
Union parliament by a two third majority and then ratified
by at least one-half of the state legislature.
 ELECTIVE POWERS
• The president of India is elected by an electoral college
comprising the elected members of both the Houses of
parliament and the elected members of legislative
assemblies of the state.
 GOVERNOR
• Governor is the executive head of the state.
• Act as per aid and advice of chief minister.
• It is possible to appoint same person as the governor of 2 or
more state if necessary.
• Representative of central government.
• The Governor’s appointment, his powers and everything
related to the office of Governor have been discussed under
Article 153 to Article 162 of the Indian Constitution
 APPOINTMENT
• The governor of a state is not elected but is appointed by
the president , on the advice of prime minister.
• The governor should not be a resident of concerned state.
• The governor should not be involved in local politics.
 QUALIFICATION
• A citizen of India
• Not less than 35 years of age
• Qualified as may be prescribed under any law made by the
parliament.
• Not holding any office of profit.
 POWERS & FUNCTIONS
• EXECUTIVE POWERS
• LEGISLATIVE POWERS
• FINANCIAL POWERS
• JUDICAL POWERS
• DISCRETIONARY POWERS
 EXECUTIVE POWERS
• Appointing the chief minister.
• Appointing other officials
• Asking for information
 LEGISLATIVE POWERS
• Sessions of the state legislature
• The Governor’s address
• Assent to bills
• Power to promulgate ordinance
• Nomination to state legislature.
 FINANCIAL POWER
• MONEY BILLS
• THE BUDGET
• CONTIGENCY FUND
 DISCRETIONARY POWERS
• SELECTION OF CHIEF MINISTER
• DISMISSAL OF THE COUNCIL
• STATE EMERGENCY
• BILL RESERVED FOR PRESIDENT
• ADMINISTRATION OF TRIBAL AREAS
 TERMINATION OF GOVERNOR
• The term of governor's office is normally 5 years but it can be
terminated earlier by:
• 1. Dismissal by the president on the advice of the council of
minister headed by the prime minister of the country.
• 2. Dismissal of governors without a valid reason is not
permitted. However, it is the duty of the President to dismiss a
governor whose acts are upheld by courts as unconstitutional.
• 3. Resignation by the governor.
POWERS AND FUNCTIONS OF
THE CHIEF MINISTER
 APPOINTMENT
• Article 164 of the Constitution envisages that the Chief Minister shall be appointed by the
governor.
• A leader of the party that has got the majority share of votes in the assembly elections, is
appointed as the Chief Minister of the state.
• The Governor is the nominal executive authority, but real executive authority rests with the
Chief Minister.
• However, the discretionary powers enjoyed by the governor reduces to some extent the
power, authority, influence, prestige and role of the Chief Minister in the state administration.
• A person who is not a member of the state legislature can be appointed as Chief Minister for
six months, within which time, he should be elected to the state legislature, failing which he
ceases to be the Chief Minister.
 TERM OF CM
The chief minister can have a maximum term of five years.
It is the same as that of an MLA. However he can continue
in office if he gains support in the next election as well.
• He cannot be dismissed by the governor as long as he
enjoys the majority support in the legislative assembly.
• The State Legislative Assembly can also remove him by
passing a vote of no-confidence against him
 POWERS IN RELATION TO THE STATE
LEGISLATURE

• As the leader of the Legislative Assembly ,all important

announcements are made by him on the floor of the House.
• The sessions of the Assembly are summoned and prorogued by the
Governor on the advice of the Chief Minister.
• The speaker decides the agenda of the House in Consultation with
the Chief Minister .
• The Chief Minister is at the center of all debate and discussions.
He intervenes when a discussion goes out of hand or when a
particular minister is unable to defend himself against criticism.
 POWERS IN RELATION TO THE
COUNCIL OF MINISTERS
• All members of the council of ministers are appointed by
the governor on the recommendation of the Chief
Minister.
• The Chief Minister also allocates portfolios to the
ministers.
• All ministers are answerable to Chief Minister in the
exercise of their duties.
• The Chief Minister chairs the cabinet meetings. The
proposals at Cabinet meetings are accepted or rejected
primarily by the Chief Minister. Decisions at these
 POWERS IN RELATION TO THE
GOVERNOR
• *The Chief Minister is the link between the Council of
Ministers and the Governor. He conveys all decisions of
the Cabinet to the Governor and answers all queries by
the Governor about the administration of the state.
• *All appointments made by the governor are on the basis
of the advice given by the Chief Minister.
• *The process of summoning, and dissolving the House is
also done by the Governor on the recommendation of
Chief Minister.
 OTHER FUNCTIONS

• He is the chairman of the State Planning Board.

• He acts as a vice-chairman of the concerned zonal council by rotation,
holding office for a period of one year at a time.
• He is a member of the Inter-State Council and the Governing Council of
NITI Aayog, both headed by the prime minister.
• He is the chief spokesman of the state government.
• He is the crisis manager-in-chief at the political level during emergencies.
• As a leader of the state, he meets various sections of the people and
receives memoranda from them regarding their problems, and so on.
• He is the political head of the services.
POWERS AND FUNCTIONS OF
HIGH COURT
 Appointment of HC Judges

Article 217 of the Constitution: It states that the Judge of a High Court shall
be appointed by the President in consultation with the Chief Justice of India
(CJI), the Governor of the State.

• In the case of appointment of a Judge other than the Chief Justice, the Chief
Justice of the High Court is consulted.
 CONSULTATION PROCESS
High Court judges are recommended by a Collegium comprising the CJI and two senior-
most judges.

• The proposal, however, is initiated by the Chief Justice of the High

Court concerned in consultation with two senior-most colleagues.
• The recommendation is sent to the Chief Minister, who advises the Governor to send
the proposal to the Union Law Minister.
• The Chief Justice of the High Court is appointed as per the policy of having Chief
Justices from outside the respective States.

• Ad-hoc Judges: The appointment of retired judges was provided for in the Constitution
under Article 224A.
 JUDICIAL REVIEW

• Like the Supreme Court ,the High Court too has power of
judicial review.
• If any law or ordinance, questions of Fundamental Rights
or contravenes some provisions of the Constitutions , the
High Court can declare the law as ‘null and void’.
• Thus the High Court acts as the guardian of the
Constitution.
 POWER TO ISSUE WRITS
• Like the Supreme Court, the High Courts too enjoy the
power to issue writs against an individual or an official.
• These writs are issued for the enforcement of
Fundamental Rights and to protect them from being
violated.
 Court of Record
• Like the Supreme Court , the High Court is also a Court of
Record.
• The orders and judgements of the High Courts are
preserved for future references.
• These can be produced in any court as precedents.
• These laws then become binding on the Subordinate
Courts of that particular state.
 Administrative Powers
• It superintends and controls all the subordinate courts.
• It can ask for details of proceedings from subordinate courts.
• It issues rules regarding the working of the subordinate courts.
• It can transfer any case from one court to another and can also
transfer the case to itself and decide the same.
• It can enquire into the records or other connected documents of any
subordinate court.
• It can appoint its administration staff and determine their salaries and
allowances, and conditions of service.
REVISION
1. The Governor of a State is appointed by the President on the advice of the
(a) Prime Minister
(b) Vice- President
(c) Chief Minister
(d) Chief Justice of India

2. The President gives his. resignation to the

(a) Chief Justice
(b) Parliament
(c) Vice President
(d) Prime Minister

3. For what period does the President of India hold office ?

(a) 5 years
(b) Till the age of 65 years
(c) 6 years
| (d) 2 years
4. Who among the following holds office during the pleasure of the President?
(a) Governor
(b) Election Commissioner
(c) Speaker of Lok Sabha
(d) Prime Minister

5. Which of the following is not true regarding the payment of the emoluments of
the President?
(a) They can be reduced during a Financial Emergency.
(b) They are shown separately in the budget.
(c) They are charged on the Contingency Fund of India.
(d) They do not require any parliament sanction

6. The total number of members nominated by the President to the Rajya Sabha is
(a) 16
(b) 8
(c) 14
(d 12
7. Which one of the following does not constitute the electoral college for electing the President of India ?
(a) Elected members of Lok Sabha
(b) Elected members of the Legislative Assembly of each state.
.(c) Elected members of the Rajya Sabha
(d) Nominated members of Rajya Sabha

8)Council of Ministers in a Parliamentary type of Government can remain in office till it enjoys the support of
the-
(a) Majority of members of the Upper House of Parliament
(b) Majority of the members of the Lower House of Parliament

9. Which of the following appointments is not made by the President of India?

(a) Chief of the Army
(b) Speaker of the Lok Sabha
(c) Chief Justice of India
(d) Chief of the Air Force
10. Who appoints the Prime Minister of India?
(a) Lok Sabha
(b) President
(c) Parliament
(d) Citizens of India

11. The first woman Governor of a state in free India was

(a) Mrs. Indira Gandhi
(b) Mrs. Vijaya Laxmi Pandit
(c) Mrs. Sarojini Naidu
(d) Mrs. Sucheta Kripalani

12. Minimum age required to contest for Presidentship is

(a) 23 years
(b) 2l years
(c) 35 years
(d) 30 years
13. The charge of impeachment against the President of India for his removal can be profaned by
(a) Both Houses of Parliament
(b) Speaker of Lok Sabha and
(c)Chairman of Rajya Sabha
(d) Lok Sabha

14. The Chief Minister of a Union Territory where such a set up exists, is appointed by the
(a)Lt. Governor
(b) Majority party in Legislature
(c) President
(d) Prime Minister

15. Who was the first Prime Minister of India?

(a) Jawaharlal Nehru
(b) Mrs. Indira Gandhi
(c) Dr. Rajendra Prasad
(d) Mahatma Gandhi
16. In case a President dies while in office, the vice President can act as
President for a maximum period of
(a) 1 years
(b) 3 months
(c) 6 months
(d) 2 years

17. The Union Council of Ministers consists of

(a) Cabinet Ministers, Minister of State and Deputy Ministers
(b) Cabinet Ministers and Chief Ministers of the States
(c) Prime Minister
(d) Cabinet Ministers

18. Who administers the oath of office to the President of India before he
enters upon the office?
(a) Chief Justice
(b) Speaker
(c) Vice President
(d) Prime Minister
19. Who among the following enjoys the rank of a Cabinet Minister of the Indian
Union?
(a) President
(b) Deputy Chairman of the Planning Commission
(c) Deputy Chairman, Rajya Sabha
(d) Secretary to the Government of India

20. A person who is not a member of Parliament can be appointed as a Minister by

the President for a maximum period of
(a) 9 months
ft) 3 months
(c) 12 month
(d) 6 months
First prime minister of India who was the member of the Rajya Sabha
a. Moraji Desai
b. Jawaharlal Nehru
c. Indira Gandhi
d. P V Narshimha Rao

Financial Emergency is given in

a. Article 365
b. Article 362
c. Article 360
d. Article 363

Under which Article of the Constitution is the President's rule

promulgated on any state in
India?
a. 326
b. 370
c. 380
d. 356
The state that does not have bicameral legislative is
a. Andhra Pradesh
b. Kerala
c. Telangana
d. Uttar Pradesh

A feeling of brotherhood and an emotional attachment with the

country and all the people
a. Liberty
b. Equality
c. Justice
d. Fraternity

The Directive Principles of State Policy were borrowed from

a.UK
b. Japan
c. Ireland
d. Germany
 The “Date of Adoption” of the Constitution of India.
a. 26th November 1949
b. 26th January 1950
c. 26th December 1947
d. 29th October 1950

Which Article of the Indian Constitution abolishes Untouchability?

a. Article 18
b. Article 15
c. Article 14
d. Article 17

The concept of Parliamentary form of Government has been taken from

the _______ Constitution
a. American
b. British
c. Russian
d. French
In which year were the first general election held in India ?
a. 1950-51
b. 1948-49
c. 1951-52
d. 1947-48

Article 78 of the Constitution deals with

a. President's power to get information from the Council of
Ministers.
b. Prime Minister's duty regarding keeping the President informed
about the government's
decisions and policies.
c. Emergency powers of the President
d. President's power to send advisory messages to the Parliament

. Chief Ministers of all the states are ex-officio members of the

(a) Planning Commission
(b) National Development Council
(c) Inter State Council
(d) Finance Commission
The original Constitution of India was handwritten by
a) Rafi Ahmed Kidwai
b)Kailash Nath Katju
c)Prem Bihari Narain Raizada
d)Kanayalal maneklal Munshi

The right to move freely throughout the territory of India comes

under which Article of the Indian Constitution?
Article 11
Article 13
Article 19
Article 22

What is the quorum to constitute a meeting of Lok Sabha?

Half of the total members of the House
A quarter of the total members of the House
One- fifth of the total members of the House
One-tenth of the total members of the House.
How many Fundamental Rights have been provided by the
Constitution of India?
Eight
Nine
Five
Six

Who is the Nominal Executive head of the state government?

Chief Minister of the State
High court judge
Governor
Health Minister of the State

How many fundamental duties are noticed in the Constitution of

India?
Nine
Eleven
Eight
Eleven
How much time did it take for the creation of the Indian Constitution?
2 years 3 months 26 days
2 years 11 months 18 days
2 years 6 months 23 days
2 years 5 months 11 days

Which article of the Indian Constitution deals with Fundamental

Rights?
Article 351
Article 71
Article 12 - 35
Article 46 - 59

As per the Indian Constitution, the retirement age of the Chief

Justice of the Supreme Court of India is?
52 years
55 years
60 Years
65 years
Which of the Indian Constitution's given Article has the right to privacy been
incorporated as fundamental rights?
Article 15
Article 17
Article 21
Article 23

Which Article of the Indian Constitution states the directive

principles of state policy on 'Promotion of international peace and
security?
Article 57
Article 51
Article 59
Article 49

Which of the given Articles of the Indian Constitution empowers the

President to grant pardons to any person?
Article 41
Article 72
Article 27
Article 91
It means absolute independence, i.e, a government is not controlled by
any other power
a. Justice
b. Fraternity
c. Sovereign
d. Socialist

Which constitutional amendment lowered the voting age from 21 to

18?

A. 42nd Amendment

B. 44th Amendment

C. 61st Amendment

D. 73rd Amendment
The promulgation of Regulating Act of 1773 established the Supreme
Court of Judicature at
a. Calcutta
b. Bombay
c. Madras
d. Bihar

Which among the following does not constitute the qualification for
appointment of judges to Supreme Court?
a. He should be a citizen of India.
b. He should have been a judge of a High Court (or high courts in
succession) for five years; or
c. He should have been an advocate of a High Court (or High Courts
in succession) for ten years; or
d. He should have completed 30 years of age.
The Indian Constitution is structured into various Parts, each
dealing with a specific aspect of the country’s legal, administrative,
or governmental framework. How many Parts are there in Indian
Constitution?
a.22
b.23
c.25
d.24

Fundamental Duty to provide opportunities for education to his

child or ward between the ages of six and fourteen years was added
to fundamental duties in
a. The 86th Constitutional Amendment Act of 2002
b. The 84th Constitutional Amendment Act of 2004
c. The 83th Constitutional Amendment Act of 2005
d. The 85th Constitutional Amendment Act of 2006
Right to freedom of Religion
a. Article 15-19
b. Article 20-24
c. Article 25-28
d. Article 12-14

A ___________ refers to a list or a table attached to the Constitution

that details certain additional information or guidelines relevant to
the constitutional provisions.

a. Articles
b. Law
c. Schedule
d. Provisions
Which part of the constitution is described as the Magna Carta of
India?
a. Part I
b. Part II
c. Part III
d. Part IV

______ constitutes a set of moral and civic obligations outlined in

the Constitution of India.

How many _____

Schedules-
Articles-
Parts-

The legislative assemblies of Mizoram and Goa have a special

provision for ------- members each
The Preamble of Indian constitution is based on “Objective
Resolution” of Nehru

Nehru introduced objective resolution on Deccember13,1946

FUNDEMENTAL RIGHTS - ARTICLE 12-35

RIGHT TO EQUALITY (ARTICLE 14-18)

RIGHT TO FREEDOM (ARTICLE 19-22)
RIGHT AGAINST EXPLOITATION (ARTICLE 23-24)
RIGHT TO FREEDOM OF RELIGION (ARTICLE 25-28)
CULTURAL & EDUCATIONAL RIGHTS (ARTICLE 29-30)
RIGHT TO CONSTITUTIONAL REMEDIES (ARTICLE 32)
RIGHT TO CONSTITUTIONAL REMEDIES
1)HABEAS CORPUS: An order by the court to the state to produce the person
physically before it justifies or release of person.

2) MANDAMUS: It is a command or order from a superior court to a subordinate court

or tribunal or public authority to perform its duty in case it is not doing it.

3) PROHIBITION: It is an order issued by a superior court to forbid a subordinate court

from proceeding a case which is beyond its jurisdiction.

4) QUO WARRANTO: This writ is issued to restrain a person from acting in a public
office to which he/ she is not entitled.

5)CERTIORARI: Means “to be informed of what is going

When can a President use his discretion in appointing the Prime
Minister ?
(a) When no political party enjoys a clear majority in the Lok Sabha.
b Only when the Lok Sabha has been dissolved.
C In all circumstances
d In no circumstances

Who, among the following, has the final right to sanction the
expenditure of public money in India ?
(a) Speaker
(b) President
(c) Prime Minister
(d) Parliament
The President nominates l2 members of the Rajya Sabha according
to
(a) Their performance as office bearers of cultural societies.
(b) The recommendations made by the Vice President.
(c) Their role played in political set up of the country.
(d) Their distinction in the field of science, art, literature and social
service

How many times the President of India can seek re-election to his
post ?
(a) Once
(b) 3 times
(c) 2 times
(d) Any number of times

The Chairman of the Planning Commission in India is the

(a) President
(b) Prime Minister
(c) Minister of Planning
(d) Finance Minister
The President may for violation of the Constitution be removed from the office
by
(a) The Prime Minister
(b) The Electoral College consisting of members of Parliament and the State
Legislatures.
(c) Impeachment
(d) A no- confidence vote

The Prime Minister. Union Cabinet Minister, Chief Minister and Council of
Ministers are all members of
(a) National Development Council
(b) Regional Council
(c) Planning Commission
(d) Zonal Council

The only instance when the President of India exercised his power of veto
related to the
(a) Indian Post Office (Amendment Bill)
(b) Dowry Prohibition Bill
(c) Hindu Code Bill
(d) PEPSU Appropriation Bill
For Election to the lok sabha, a nomination paper can be field by
(a) Any citizen of India
(b) Any citizen of India whose name appears in the electoral roll of a
Constituency
(c) Anyone residing in India
(d) A resident of the Constituency from which the election to be
contested

. In India, political parties are given recognition by

(a) Election Commission
(b) Speaker of Lok Sabha
(c) President
(d) Law Commission
The power to issue an ordinance when parliament is not in session is given to the President under
which article?

Article 72
Article 111
Article 123
Article 356

The appointment of retired judges was provided for in the Constitution under
a. Article 220
b. Article 224A
c. Article 223
d. Article 227

Which one of the following is not true?

a. The governor of a state is elected
b. The governor is appointed by the president , on the advice of prime minister.
c. The governor should not be a resident of concerned state.
d. The governor should not be involved in local politics
The Attorney General of India is appointed by-
A. President
B. Prime Minister
C. Chief Justice of India
D. Lok Sabha Speaker

What is the preamble of the Indian Constitution?

A. An introduction
B. The beginning
C. The preface
D. The prologue

International Treaties and agreements that are approved by the

Parliament are negotiated and concluded in the name of
a. Prime Minister
b. President
c. Governor
d. Chief minister
__________ reduces the term of the imprisonment (Pardoning Power
Of president)
a. Remission
b. Commutation
c. Respite
d. Reprieve

The Union Territory that do not have representation in the Rajya

Sabha
a. Delhi,
b. Puducherry and
c. Jammu & Kashmir
d. Lakshadweep

Right to Constitutional Remedies

a. Article 34
b. Article 30
c. Article 31
d. Article 32