# State Legislature — Vidhan Sabha, Vidhan Parishad & Legislative Procedure (Art 168–212)

Source: https://tracknation.in/story/state-legislature-vidhan-sabha-vidhan-parishad-legislative-procedure-art-168-212 (TrackNation — free UPSC notes with PYQs)

> UPSC notes on the State Legislature: organisation of the Assembly and Council, Article 169's creation/abolition mechanism, composition ratios and the five-part Council electoral college, duration, membership qualifications/disqualifications including the Tenth Schedule and Kihoto Hollohan, presiding officers, the Governor's address, sessions and bill-lapsing rules, ordinary-Bill and Money-Bill procedure, the Governor's and President's assent options with the Sarkaria Commission's bill-reservatio

## Organisation of the State Legislature

🎯 **Exam priority: Important.** *The composition ratios are classic Prelims traps — a Legislative Council's strength is capped at **one-third** of the Assembly, it is **not** fixed at that fraction, and its floor is **40**. Learn the Assembly's 500/60 range, the Council's five-part electoral college, and keep comparing every rule back to what you already know about Parliament — examiners love testing exactly where the two differ.*

The state legislature occupies a pre-eminent, central position in a state's political system. **Articles 168 to 213 in Part VI** govern its organisation, composition, duration, officers, procedure, privileges and powers — closely mirroring Parliament, but with real differences worth knowing precisely.

## Organisation — One House or Two

- **Article 168** lets a state have either one or two Houses. There is no uniformity: most states are **unicameral** (Governor + Legislative Assembly only); currently only **six states are bicameral** — **Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra and Karnataka** — adding a **Legislative Council**. Where bicameral, the **Legislative Council (Vidhan Parishad)** is the upper house (house of elders) and the **Legislative Assembly (Vidhan Sabha)** the lower, popular house. The J&K Legislative Council was abolished by the J&K Reorganisation Act, 2019; Tamil Nadu's 2010 Council Act has never been brought into force.

- **Article 169** lets **Parliament** create or abolish a state's Legislative Council — but only if that **state's own Assembly** first passes a resolution by **special majority** (total membership + two-thirds present & voting). The resulting Parliamentary law is *not* treated as a constitutional amendment under Article 368 — it is passed like an ordinary law, by simple majority. This is how Andhra Pradesh's Council was created (1957), abolished (1985) and revived (2007); Punjab, West Bengal and Tamil Nadu abolished theirs in 1969/1969/1986.

## Composition — Legislative Assembly & Legislative Council

Strength, nomination and delimitation rules for the Assembly — then the very different, indirectly-elected Council.

## Composition of the Legislative Assembly (Article 170)

- Members are **directly elected** from territorial constituencies on universal adult franchise. Strength ranges from a **maximum of 500 to a minimum of 60** — except **Arunachal Pradesh, Sikkim and Goa (min. 30)** and **Mizoram (40) / Nagaland (46)**, a favourite "odd one out" Prelims trap.

- **Anglo-Indian nomination ended:** until 2020 the Governor could nominate one **Anglo-Indian** member (a person of European descent in the male line, domiciled and settled in India) if the community was under-represented — a provision renewed every 10 years, last extended to 2020 by the **95th Amendment, 2009**. The **104th Amendment (2019)** did not extend it further, so it lapsed on **25 January 2020**.

- **Delimitation freeze:** seats are meant to be readjusted after every census, but the **42nd Amendment (1976)** froze each state's total Assembly-seat count at the **1971-census** level, and the **84th Amendment (2001)** extended that freeze until the **first census after 2026** (a population-control incentive — states that curbed population growth fastest would otherwise have lost seats). Constituency *boundaries* within that fixed total were redrawn using the **2001 census** (87th Amendment, 2003).

- **SC/ST reservation** of Assembly seats (population-proportional) has been renewed every 10 years since 1960; the **104th Amendment (2019)** extends it to **2030**.

## Composition of the Legislative Council (Article 171)

- Council strength is **capped at one-third of the Assembly's strength** (a ceiling, not a fixed fraction) with a **floor of 40**; Parliament fixes the exact number. Unlike Assembly members, Council members are **indirectly elected** through a five-part electoral college: **1/3 by local bodies** (municipalities, district boards); **1/12 by graduates** of 3+ years' standing; **1/12 by teachers** of 3+ years' standing (secondary school or above); **1/3 by MLAs** from among non-members; and the **remaining 1/6 nominated by the Governor** for special knowledge in literature, science, art, the co-operative movement or social service.

- So **5/6 of a Council is indirectly elected and 1/6 nominated** — elections use **proportional representation by the single transferable vote** (each voter ranks the candidates in order of preference, instead of casting one flat vote). This scheme is only the constitutional default; Parliament may modify it by law, though it never has.

## Duration, Membership & Disqualification

The Assembly is temporary and re-elected whole; the Council is permanent and renews itself gradually — a distinction that shapes everything else about membership.

## Duration of the Two Houses (Article 172)

- The **Legislative Assembly** is not a continuing chamber: its normal term is **five years** from its first sitting, after which it **automatically dissolves**; the Governor may dissolve it earlier. During a **National Emergency** (Article 352), Parliament may extend its term **one year at a time**, indefinitely, capped at **six months after** the Emergency ends.

- The **Legislative Council** is a **permanent, continuing body** — never dissolved. **One-third of its members retire every second year** (so each member serves **six years**), with vacancies refilled by fresh election/nomination at the start of every third year; retiring members may be re-elected or re-nominated any number of times.

## Membership — Qualifications, Disqualifications & Vacation of Seat

- **Qualifications (Article 173):** citizen of India; an oath/affirmation of allegiance to the Constitution and to India's sovereignty and integrity (Article 188); minimum age **25 years for the Assembly, 30 years for the Council**; plus Representation of the People Act, 1951 conditions (must be an elector for an assembly constituency in that state; SC/ST candidates may also contest general seats).

- **Disqualifications (Article 191)**, under the Constitution and the RPA 1951: holding an office of profit (a minister is exempted); unsound mind or undischarged insolvency; not a citizen or under allegiance to a foreign state; specified electoral offences, a conviction carrying 2+ years' imprisonment, unlodged election-expense accounts, an interest in government contracts, dismissal from government service for corruption/disloyalty, or convictions for promoting enmity, bribery, untouchability, dowry or sati. The **Governor's decision** on a disqualification question (Article 192) is final, but only after obtaining the **Election Commission's opinion**.

- **Defection (Tenth Schedule)** — the Constitution's separate **anti-defection** provisions: a member is also disqualified on defection grounds, but this question is decided by the **Chairman (Council) or Speaker (Assembly)**, not the Governor. In **Kihoto Hollohan v. Zachillhu (1992)**, the Supreme Court held that this decision is subject to **judicial review**.

- **Vacation of seat (Article 190)** also follows from: holding both Houses' seats simultaneously (must resign one); resignation (effective on acceptance); **60 days' unexcused absence** from all meetings; election voided by a court; expulsion by the House; election as President/Vice-President; or appointment as a state's Governor. A member sitting/voting before taking the oath, or while disqualified, risks a ₹500-per-day penalty (Article 193).

## Presiding Officers & Sessions

Each House elects its own presiding officers on the same pattern — and sessions follow rules nearly identical to Parliament's.

## Presiding Officers (Articles 178–186)

- The Assembly elects a **Speaker and Deputy Speaker** (Article 178); the Council elects a **Chairman and Deputy Chairman** (Article 182) — all from among their own members, and all removable only by an **effective-majority resolution** (majority of all then-members, under Articles 179 and 183 respectively) after **14 days' advance notice**. A panel of chairmen/vice-chairmen can preside in their absence. Salaries are charged on the **State Consolidated Fund** (Article 186) — not subject to annual vote.

- Powers mirror each other closely — maintaining order, being the final interpreter of the Constitution/rules/precedent within the House, deciding Tenth-Schedule disqualifications for their own House, and casting a vote only to break a tie. The **Speaker alone** holds one power the Chairman does not: certifying whether a bill is a **Money Bill** — a decision that is **final**.

## Governor's Address & Sessions (Articles 174–176)

- The **Governor summons, prorogues and can dissolve** the Assembly (Article 174), and — like the President's address to Parliament — **addresses the House(s)** at the start of the first session after each general election and the first session of every year, laying out the government's policy (Article 175 lets the Governor send messages to a House at any other time too; Article 176 covers this "special address"). The gap between two sessions cannot exceed **six months** (so the legislature meets at least twice a year).

- **Adjournment** pauses a sitting; **prorogation** ends a session (by the Governor's notification once the presiding officer has adjourned it *sine die*, i.e. for an indefinite period); **dissolution** ends the Assembly's very life — the Council, being permanent, is **never dissolved**.

- **Bills on dissolution:** a bill pending in the Assembly lapses; one passed by the Assembly but pending in the Council lapses; one pending in the Council but not yet passed by the Assembly does **not** lapse; and any bill merely awaiting the Governor's/President's assent, or returned for reconsideration, does **not** lapse either.

- **Quorum (Article 189)** is **10 members or one-tenth of total membership** (including the presiding officer), whichever is greater. Ordinary matters need a simple majority of members present and voting (excluding the presiding officer, who gets only a casting vote on a tie); a few matters need an effective or special majority instead.

- **Language (Article 210):** business is conducted in the state's official language(s), Hindi or English (mother-tongue allowed with the presiding officer's permission); a state may discontinue English as a floor language after **15 years from 1950 (i.e. 1965)** — extended to **25 years** for Himachal Pradesh, Manipur, Meghalaya and Tripura, and **40 years** for Arunachal Pradesh, Goa and Mizoram.

- **Rights of Ministers and the Advocate General (Article 177):** both may speak in **either** House or its committees without being a member of it — but cannot vote there. This lets a minister who sits only in the Council address the Assembly, and vice versa. Members' own salaries and allowances (Article 195) are similarly fixed by the state legislature itself.

## Legislative Procedure — Ordinary Bills, Money Bills & Assent

The procedural core: how a bill actually becomes law, and exactly how much leverage the Council has to slow one down.

## Legislative Procedure — Ordinary Bills (Articles 196–197)

- An ordinary bill (bicameral states) may originate in **either House**, passing three readings in the originating House before transmission; it is deemed passed only when **both Houses agree**. On receiving an Assembly-passed bill, the Council has **four choices**: pass it as-is; amend and return it; reject it outright; or sit on it and do nothing.

- **No joint sitting exists** at the state level (unlike Parliament's mechanism for deadlocks). Instead, if the Council rejects/unacceptably-amends the bill, or sits on it for **three months**, the Assembly may simply **re-pass** it and send it back — the Council then has only **one more month**; whatever it does, the bill is deemed passed as the Assembly's second version. So the Council's **maximum leverage is four months (3+1)** — a delaying power only, never a veto. A bill that originates *in* the Council and is rejected by the Assembly simply dies, with no override route back.

| ****

 | **Ordinary Bill**

 | **Money Bill**

 |
| Where it can originate

 | Either House

 | Assembly only — on the Governor's prior recommendation

 |
| Council's power over it

 | Pass / amend-and-return / reject / sit on it

 | Return only, with or without recommendations — cannot reject or amend

 |
| Maximum delay by Council

 | 4 months (3 + 1)

 | 14 days

 |
| If the Council does nothing

 | Assembly re-passes; deemed passed as re-passed

 | Deemed passed exactly as originally sent

 |

## Money Bills (Articles 198–199) & Assent (Articles 200–201)

- A **Money Bill (Article 199)** is one dealing *exclusively* with matters like state taxation, government borrowing, or the Consolidated/Contingency Fund of the state — the same substantive test Article 110 applies to Parliament. It can be introduced only in the Assembly, only on the **Governor's recommendation**, only by a minister. The **Speaker's certification** that a bill is a Money Bill is final and unchallengeable.

- **The Governor's four options (Article 200)** on any bill: assent; withhold assent; return for reconsideration (not for a Money Bill) — if re-passed, assent then becomes obligatory (a **suspensive veto**, same logic as the President at the Union level); or **reserve it for the President** — an option the President has **no equivalent of**. When reserved, the **President (Article 201)** may assent, withhold assent, or return it — the House(s) must then reconsider within **six months**; the Constitution does not say the President must eventually assent.

- The **Sarkaria Commission** — the Commission on Centre-State Relations set up in 1983, reporting 1988 — classified bills reserved for the President into three groups: **(1) must be reserved** — bills endangering a High Court's position, taxes on water/electricity attracting **Article 288** (restrictions on a state taxing water/electricity supplied through certain inter-state or Union projects), or bills falling under **Article 360**'s Financial Emergency; **(2) may be reserved for specific immunity** — e.g. under **Article 31A** (protects land/estate-acquisition laws) or **Article 31C** (protects laws implementing certain Directive Principles), both shielding a law from an Article 14/19 challenge; under **Article 254** (letting a state law prevail over a repugnant central law on a Concurrent List subject, but only with Presidential assent); or under **Article 304** (Presidential sanction for a bill restricting inter-state trade and commerce); **(3) any other bill** the Governor chooses to reserve under Article 200's residual discretion.

- **Financial procedure (Articles 202–207)** otherwise mirrors Parliament's Budget process at the state level — the Annual Financial Statement, Appropriation Bills, votes on account, and Financial Bills all have direct State Legislature equivalents of the Union provisions.

## Council vs Assembly, Privileges & Why UPSC Asks This

Compared with the Assembly and with Parliament's own Rajya Sabha, the Council comes out clearly the weaker chamber — by constitutional design, not accident.

## Council vs Assembly, and Council vs Rajya Sabha

- **Where the Council is equal** to the Assembly: introducing/passing ordinary bills (subject to the Assembly's final word on disagreement); approving the Governor's ordinances (Article 213); being a source for ministers including the CM (though ministers stay responsible only to the Assembly); and considering reports of bodies like the **State Finance Commission** (reviews how revenue is shared with Panchayats/Municipalities), the **State Public Service Commission (SPSC)**, and the **Comptroller and Auditor General (CAG)**, India's chief auditor for government accounts.

- **Where it is clearly unequal:** no power over Money Bills beyond a 14-day return; can discuss but never **vote** on the Budget or Demands for Grants; cannot remove a ministry by no-confidence (only the Assembly can); has no role in Presidential or Rajya Sabha elections from the state; has no effective say in ratifying a constitutional amendment; and its very existence rests on the Assembly's willingness — Parliament can abolish it under Article 169 whenever the Assembly asks.

| ****

 | **Rajya Sabha (Union)**

 | **Legislative Council (State)**

 |
| Federal role

 | Represents the states — protects federal balance

 | None — both Houses represent the same state

 |
| Composition

 | Homogeneous — mostly elected, only 12 nominated

 | Heterogeneous — mixed electoral college, 5/6 indirect + 1/6 nominated

 |
| Can it be abolished?

 | No — a permanent constitutional organ

 | Yes — Parliament can abolish it if the Assembly asks (Art 169)

 |
| Design model

 | An independent revising chamber

 | Modelled on Britain's dilatory House of Lords — delay, not veto

 |

Critics have long dismissed under-used Councils as a "secondary chamber" or "costly ornamental luxury" — a soft landing for politicians who lost their Assembly seat. Defenders counter that it checks hasty legislation and gives eminent non-politicians (through the Governor's 1/6 nominees) a route into the legislature they could never win by direct election.

## Privileges (Article 194) & Restrictions on Discussion

- **Collective:** publish its own proceedings; exclude strangers and hold secret sittings; regulate its own procedure; punish members and outsiders for breach of privilege or contempt; get immediate notice of a member's arrest; summon witnesses and records. No arrest or legal process may be served inside the House without the presiding officer's permission.

- **Individual:** no arrest in civil cases during a session and 40 days before/after it; complete freedom of speech (immune from court proceedings for anything said or voted in the House); exemption from jury duty. These privileges extend to **ministers and the Advocate General** when they participate — but pointedly **not to the Governor**, despite being formally part of the state legislature.

- Two express limits sit alongside these privileges: **Article 211** bars any discussion in the State Legislature on the conduct of a Supreme Court or High Court judge in discharging judicial duties, and — the flip side of the collective privilege above — **Article 212** bars *courts* from inquiring into the Legislature's own proceedings at all (the state-level mirror of **Article 122**, Parliament's equivalent bar).

## Further Reading

- Standard NCERT-level texts and reference books on the Indian Constitution and Polity (any UPSC reading list).

- The Constitution of India (Bare Act) — Articles 168–213 (The State Legislature) and Article 169 (creation/abolition of Legislative Councils).

## Why UPSC Asks This

- Composition-ratio traps — 500/60 for the Assembly, "one-third cap, not a fixed fraction" plus a 40-floor for the Council — are recurring Prelims bait.

- **Kihoto Hollohan** and the **Sarkaria Commission's** three-way bill-reservation list are landmark-case/committee names that resurface across Governor, Emergency and Federalism questions too.

- **Articles 211 and 212** mirror Articles 121 and 122 at the Union level — a classic "match the corresponding Article" question.

## Test Yourself: Practice Questions & PYQs

State Legislature practice — composition ratios of the Assembly and Council, duration, disqualification and the Tenth Schedule, presiding officers, Money Bill vs ordinary Bill procedure, and the Governor's/President's assent options. Then Prelims-pattern PYQs.

## Practice Questions

**Q1.** How many States currently have a bicameral State Legislature with a Legislative Council?

- (a) Six

- (b) Five

- (c) Four

- (d) Eight

**Answer: (a)** — Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra and Karnataka — six states.

**Q2.** A Legislative Council can be created or abolished by:

- (a) The state Assembly alone, by simple majority

- (b) The Governor alone, by notification

- (c) The President, on the Prime Minister's advice

- (d) Parliament, by law, if the state's own Assembly first passes a special-majority resolution

**Answer: (d)** — Article 169 — Parliament acts, but only on the Assembly's own special-majority request; not a Art 368 amendment.

**Q3.** The maximum and minimum strength of a Legislative Assembly are:

- (a) 500 and 60

- (b) 545 and 40

- (c) 450 and 50

- (d) 552 and 70

**Answer: (a)** — Article 170 — max 500, min 60 (with special floors for a few small states).

**Q4.** The strength of a Legislative Council is:

- (a) Decided solely by the Governor

- (b) Fixed at 40 members for every bicameral state

- (c) Capped at one-third of the Assembly's strength, with a floor of 40

- (d) Fixed at exactly one-third of the Assembly's strength

**Answer: (c)** — One-third is a CEILING, not a fixed fraction — Parliament fixes the actual number, floor is 40.

**Q5.** Under the Council's electoral college, MLAs (voting for non-members) account for what share of its membership?

- (a) 1/2

- (b) 1/3

- (c) 1/12

- (d) 1/6

**Answer: (b)** — 1/3 local bodies, 1/12 graduates, 1/12 teachers, 1/3 MLAs, remaining 1/6 Governor-nominated.

**Q6.** Which statement about the two Houses' duration is correct?

- (a) The Council is a permanent body; the Assembly's normal term is five years and it stands automatically dissolved thereafter

- (b) The Assembly is permanent; the Council is dissolved every five years

- (c) Both the Assembly and the Council can be dissolved

- (d) Both Houses are permanent, continuing bodies

**Answer: (a)** — Council never dissolves (1/3 retires every 2 years); Assembly auto-dissolves after 5 years.

**Q7.** The question of a State Legislature member's disqualification on the ground of defection under the Tenth Schedule is decided by:

- (a) The Election Commission alone

- (b) The Governor

- (c) The Speaker (Assembly) or Chairman (Council), subject to judicial review

- (d) The President

**Answer: (c)** — Kihoto Hollohan v. Zachillhu (1992) — Speaker/Chairman decides; Supreme Court held this is judicially reviewable.

**Q8.** Which power does the Speaker of a Legislative Assembly have that the Chairman of a Legislative Council does not?

- (a) Presiding over debates

- (b) Adjourning the House for want of quorum

- (c) Casting a vote to break a tie

- (d) Certifying, with final effect, whether a Bill is a Money Bill

**Answer: (d)** — Money-Bill certification is a Speaker-only power — the Chairman has no equivalent.

**Q9.** At most, for how long can a Legislative Council delay an ordinary Bill passed by the Assembly?

- (a) Three months

- (b) Six months

- (c) One month

- (d) Four months (three, then one more)

**Answer: (d)** — 3 months on first passage + 1 more month after the Assembly re-passes it = 4 months maximum, a delay not a veto.

**Q10.** A Money Bill returned by the Legislative Council to the Assembly must be sent back within:

- (a) One month

- (b) 14 days

- (c) Three months

- (d) 7 days

**Answer: (b)** — 14 days — and the Council can only recommend, never reject or amend, a Money Bill.

**Q11.** Which of the following is NOT an option available to a State Governor when a Bill is presented for assent?

- (a) Withhold assent

- (b) Return the Bill for reconsideration

- (c) Give assent

- (d) Refer the Bill directly to the Supreme Court for an advisory opinion

**Answer: (d)** — The Governor's four options are assent, withhold, return, or reserve for the President — no Supreme Court reference option.

**Q12.** Per the Sarkaria Commission, a Governor MUST reserve a Bill for the President's consideration if it:

- (a) Endangers the position of the High Court

- (b) Was introduced by a private member

- (c) Concerns a Money Bill only

- (d) Deals with agriculture

**Answer: (a)** — Category 1 (mandatory reservation): Bills derogating from a High Court's constitutional position, water/electricity taxation under Art 288, and Art 360 Financial Emergency bills.

**Q13.** Which Article of the Constitution defines what counts as a "Money Bill" for a State Legislature?

- (a) Article 199

- (b) Article 213

- (c) Article 200

- (d) Article 196

**Answer: (a)** — Article 199 defines a Money Bill for the states — the same substantive test Article 110 applies at the Union level.

### UPSC Previous Year Questions (PYQs)

*Pattern: Legislative Council composition traps (one-third ceiling, not a fixed fraction); vacation-of-seat grounds; Kihoto Hollohan and the Tenth Schedule; Article 211/212 restrictions on the Legislature; quorum and session-gap rules; bill-lapsing on dissolution.*

**Q14.** Consider the following statements about the Legislative Council of a State: (1) Its maximum strength can never exceed one-third of the total membership of the Legislative Assembly of that State. (2) Its actual strength in every bicameral State is exactly one-half of the Assembly's strength. Which of the statements given above is/are correct?

- (a) 1 only

- (b) 2 only

- (c) Both 1 and 2

- (d) Neither 1 nor 2

**Answer: (a)** — Statement 1 is correct (a ceiling). Statement 2 is a classic trap — there is no fixed fraction; the actual number is set by Parliament and the floor is 40, not one-half.

**Q15.** With reference to a State Legislature, which of the following is a valid ground for a member to vacate the seat?

- (a) Being younger than 35 years of age

- (b) Missing a single sitting of the House without permission

- (c) Publicly criticising the Chief Minister

- (d) Remaining absent from all meetings of the House for sixty days without permission

**Answer: (d)** — Article 190 lets a House declare a seat vacant after sixty days' unexcused absence from ALL its meetings; the other options are not constitutional grounds at all.

**Q16.** In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court held that:

- (a) Defection disqualification can only be decided by the Election Commission

- (b) The Speaker's/Chairman's decision on defection disqualification under the Tenth Schedule is subject to judicial review

- (c) The Governor's decision on defection disqualification is final and non-justiciable

- (d) The Tenth Schedule itself is unconstitutional

**Answer: (b)** — Kihoto Hollohan subjected the Presiding Officer's Tenth Schedule ruling to judicial review, while otherwise upholding the Schedule.

**Q17.** A State Legislature cannot discuss or ask questions on:

- (a) The conduct of a judge of the Supreme Court or a High Court in the discharge of official duties

- (b) The Governor's exercise of discretionary powers as reported in the media

- (c) The State Budget

- (d) The policies of the Council of Ministers

**Answer: (a)** — Article 211 explicitly bars discussion in a State Legislature on a judge's conduct in discharging judicial duties.

**Q18.** Which Article bars courts from inquiring into the proceedings of a State Legislature?

- (a) Article 208

- (b) Article 212

- (c) Article 194

- (d) Article 200

**Answer: (b)** — Article 212 — the state-level mirror of Article 122 (Parliament); a favourite "match the corresponding Article" trap.

**Q19.** The quorum to transact business in a House of a State Legislature is:

- (a) Ten members, or one-tenth of total membership, whichever is greater

- (b) Fifty-five members in every State

- (c) A simple majority of total membership

- (d) One-fourth of total membership

**Answer: (a)** — 10 members or 1/10th of total membership (including the presiding officer), whichever is greater.

**Q20.** The maximum permissible gap between two sessions of a State Legislature is:

- (a) Six months

- (b) Three months

- (c) Nine months

- (d) One year

**Answer: (a)** — No more than six months may elapse between the last sitting of one session and the first of the next.

**Q21.** A Bill passed by a Legislative Assembly but still pending — without having been passed — in the Legislative Council, on the dissolution of that Assembly:

- (a) Lapses automatically

- (b) Does not lapse, since the Council is a continuing body

- (c) Must be reserved for the President

- (d) Is automatically deemed to have been passed

**Answer: (b)** — A bill pending in (but not yet passed by) the permanent Council survives the Assembly's dissolution — it does not lapse.

### Mains Practice Questions

Use these to frame full-length answers. You don't have to answer one exactly — they show the angles UPSC tests, so let them guide which points you cover.

- Why is a state's Legislative Council constitutionally weaker than the Rajya Sabha? Examine with reasons.

- Distinguish the legislative procedure for an ordinary Bill from that for a Money Bill in a State Legislature.

- Explain the Governor's options on a Bill presented for assent, and when reservation for the President is obligatory under the Sarkaria Commission's classification.

- "The Legislative Council is a costly ornamental luxury." Critically examine this view against its stated utility.

- Discuss the constitutional provisions governing disqualification of State Legislature members, including the role of the Tenth Schedule.

- Compare the presiding officers of the two Houses of a State Legislature in terms of election, removal and powers.
