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Zorluk: ZorState Executive and Legislature: Governor, CM, and State Assemblies

Given below are two statements, one labeled as Assertion (A) and the other labeled as Reason (R), regarding the legislative procedure in an Indian State:

Assertion (A): The State Legislative Assembly holds ultimate legislative supremacy over the State Legislative Council in passing ordinary bills.
Reason (R): Unlike the Rajya Sabha at the Parliament level, the State Legislative Council lacks equal statutory powers to veto an ordinary bill and can only delay its passage for a maximum cumulative period of four months.

In the context of the statements above, which one of the following is correct?

  1. Both Assertion (A) and Reason (R) are true, and Reason (R) is the correct explanation of Assertion (A).Cevap
  2. B
    Both Assertion (A) and Reason (R) are true, but Reason (R) is NOT the correct explanation of Assertion (A).
  3. C
    Assertion (A) is true, but Reason (R) is false.
  4. D
    Assertion (A) is false, but Reason (R) is true.

Cevap

Both Assertion (A) and Reason (R) are true, and Reason (R) is the correct explanation of Assertion (A).
Both Assertion (A) and Reason (R) are constitutionally sound. Under Article 197, when a Legislative Assembly passes an ordinary bill and transmits it to the Legislative Council, the Council can delay it for up to 3 months. If the Assembly passes it a second time, the Council can delay it for at most 1 month. After 4 months total, the bill is deemed passed by both Houses. Thus, the Legislative Council is merely a advisory/delaying chamber, and Reason (R) is the exact rationale for Assertion (A).

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1
Analyze Assertion (A)
Assertion (A) is TRUE. Under the Indian Constitution, the State Legislative Assembly has final authority over non-money (ordinary) legislation.
If the Legislative Council rejects an ordinary bill or suggests unacceptable amendments, the Assembly can re-pass the bill and overcome the Council's opposition.
2
Analyze Reason (R) under Article 197
Reason (R) is TRUE. The delaying power of the Legislative Council is limited to 3 months in the first instance and 1 month in the second instance (total 4 months).
Article 197 specifies that after the expiry of 3 months (first instance) or 1 month (second instance), the bill is deemed to have been passed by both Houses in the form passed by the Assembly.
3
Determine the causal relationship between Assertion (A) and Reason (R)
Reason (R) correctly explains Assertion (A).
Because the Legislative Council can only delay (not veto) and no joint sitting exists, the Assembly's will prevails, establishing its legislative supremacy.

Anahtar Kavram

Legislative Procedure for Ordinary Bills in State Legislatures (Article 197)
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