State Legislature

The Indian Constitution provides legal immunities and privileges to ensure the independent functioning of constitutional offices and legislative bodies. ✅ Statement I: Correct * As per Article 361(1), the Governor is not answerable to any court for actions taken in the course of their official duties. ✅ Statement II: Correct
* Article 361(2) states that no criminal proceedings can be initiated or continued against a Governor during their term. ✅ Statement III: Correct
* Article 194(2) grants immunity to State Legislators for anything said or any vote given within the House or its committees.

The Constitution outlines specific roles where the Governor can act at his/her own discretion, but it does not allow the President to unilaterally intervene in State legislation without the Governor's involvement. ✅ Statement I: Correct
* The Governor can act in discretion in certain cases (e.g., reserving a bill for the President under Article 200, or appointing a CM in a hung assembly).
* Article 163(2) makes the Governor’s discretion final in such matters. ❌ Statement II: Incorrect
* The President cannot suo motu reserve a State bill. Only the Governor can do this under Article 200.

Statement 1 is correct: Article 176(1) of the Indian Constitution mandates that the Governor shall address both Houses of the State Legislature at the commencement of the first session after each general election to the State Assembly and at the commencement of the first session of each year. The Governor's address outlines the government’s policies, legislative agenda, and key priorities. This address is similar to the President’s address to Parliament under Article 87. Statement 2 is correct: When there is no rule on a particular subject in the State Legislature, under a convention since colonial times, state legislatures follow the rules of the Lok Sabha.

Statement 1 is correct: The Speaker of the Legislative Assembly shall vacate their office if they cease to be a member of the Assembly. This is explicitly provided under Article 179 of the Indian Constitution. Statement 2 is incorrect: It is incorrect to say that the Speaker vacates office immediately upon the dissolution of the Legislative Assembly. When the Assembly is dissolved, the Speaker does not vacate office immediately. Instead, the Speaker continues in office until the newly elected Assembly convenes for the first time and elects a new Speaker. This ensures continuity in the legislative process and prevents a vacuum in constitutional functions. So, only the first statement is correct.

Option A is incorrect: When President's Rule is imposed, the State Assembly is not automatically dissolved. It can either be kept in suspended animation or dissolved later through a separate proclamation. Option B is correct: Under President’s Rule, the legislative powers of the state legislature are transferred to Parliament, which can make laws for the state during this period. This is in line with Article 356, which allows the President to assume state functions when the constitutional machinery breaks down. Option C is incorrect: Article 19, which guarantees fundamental rights such as freedom of speech, movement, and profession, is not automatically suspended under President’s Rule. Fundamental rights are only suspended during a national emergency under Article 352, not under Article 356. Option D is incorrect: The President does not directly make laws for the state under Article 356. Instead, Parliament exercises legislative powers on behalf of the state during President’s Rule.

Statement 1 is Incorrect: The size of the Legislative Council of a state cannot be larger than one-third of the total membership of the Legislative Assembly. The Constitution sets a limit to ensure the dominance of the lower house (Legislative Assembly) in a bicameral legislature. Statement 2 is Incorrect: The Chairman of the Legislative Council is not nominated by the Governor. The members of the Legislative Council themselves elect the Chairman and Deputy Chairman. This ensures the independence of the Upper House from the executive branch (headed by the Governor).