| Which of the following statements comparing the powers of the State Legislative Assembly the Legislative Council (where they exist) is/are correct? |
| 1. In case of disagreement of Ordinary Bills the council has a equal position with the assembly. |
| 2. Constitution Amendment Bills, which require ratification need to be passed by both the assembly a |
| 3. Resolution to abolish the council in a State Legislature has to be passed by both the assembly and |
| Select the correct answer using the codes given below. |
A) 1 and 2
B) Only 2
C) 2 and 3
D) None of these
Correct Answer: D
Solution :
[d] Statement 1 is incorrect, because the council does not have equal powers to the assembly with respect to passage of Ordinary 3ills. The assembly can pass any Ordinary Bill, it desires and the council even if it disagrees, it can at last only delay the Bill for some time. Statement 2 is also incorrect. The Constitution does not have any clear provision in regard to the ratification of Constitution Amendment Bills by a State Legislature having two Houses. However, the accepted position is that just like in case of ordinary Bills, if the council disagrees with the assembly, on the question of ratifying the Constitutional Amendment. The assembly can overrule the council by ratifying the amendment once again. Resolution to abolish the Legislative Council of a State, has to be passed only by the State Assembly and presented to Parliament for giving effect to it. Thus, Statement 3 is also incorrect and the right answer is [d].
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