Q53. With reference to the Legislative Assembly of a State in India, consider the following statements:
- The Governor makes a customary address to Members of the House at the commencement of the first session of the year.
- When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.
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: Article 176(1) of the Constitution of India enjoins that the Governor shall Address both the Houses assembled together at the commencement of the first Session after each general election to the Assembly and at the commencement of the first session of each year and inform the Legislature of the causes of its Summons.
- Statement 2 is not correct: When the State legislature does not have a rule on a particular matter, the rules made by the Speaker of the Assembly or Chairman of the council are applicable. Article 208(1) states that, the Legislature of a State may make rules for regulating subject to the provisions of the Constitution, its procedure and the conduct of its business. Article 208(2) states that until such rules are made for the conduct of business, the adaptations and modifications made by the Speaker of Legislative Assembly or the Chairman of the Legislative Council shall be applicable.
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