With reference to Legislative Council of a state, consider the following statements:
1. The maximum strength of the Council is fixed at two-third of the total strength of the Assembly.
2. One-sixth of its members are nominated by the Governor.
3. The Council can be abolished by the Parliament on the recommendation of the Governor of the State.
Which of the statement(s) given above is/are correct?
1 and 2 only
2 and 3 only
1, 2 and 3
The maximum strength of the council is fixed at one-third of the total strength of the assembly and the minimum strength is fixed at 40. It means that the size of the council depends on the size of the assembly of the concerned state. This is done to ensure the predominance of the directly elected House (assembly) in the legislative affairs of the state. Though the Constitution has fixed the maximum and the minimum limits, the actual strength of a Council is fixed by Parliament. Hence statement 1 is wrong. One-third of its members are elected by the Legislative Assembly, one-third by Local bodies, one-twelfth by teachers, one-twelfth by university graduates, one-sixth nominated by the Governor. The council can be abolished by the Parliament on the recommendation of the legislative assembly of the concerned state. Hence statement 3 is wrong.