Which of the following is/are true regarding duration of Legislative Council and Assembly?

1) The term of the assembly can be extended during the period of national emergency for six months at a time.

2) One-third members of legislative council retire every six years.

a. Only 1

b. Only 2

c. Both 1 and 2

d. Neither 1 nor 2

ANSWER: Neither 1 nor 2

Explanation:

Duration of Assembly -

Legislative Assembly is not a continuing chamber.

Its normal term is five years from the date of its first meeting after the general elections.

The expiration of the period of five years leads to automatic dissolution of the assembly.

However, the Governor is authorized to dissolve the assembly at any time (i.e., even before the completion of five years) to give way for fresh elections.

Further, the term of the assembly can be extended during the period of national emergency by a law of Parliament for one year at a time (for any length of time).

However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.

This means that the assembly should be re-elected within six months after the revocation of emergency.

Duration of Council -

Like the Rajya Sabha, the Legislative Council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution.

But, one-third of its members retire on the expiration of every second year.

So, a member continues as such for six years.

The vacant seats are filled up by fresh elections and nominations (by governor) at the beginning of every third year.

The retiring members are also eligible for re-election and re-nomination any number of times.