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What must State legislators do under Article 188 of the Constitution of India before taking their seats for the first time in state assembly?
Question

What must State legislators do under Article 188 of the Constitution of India before taking their seats for the first time in state assembly?

A.

Take oath or affirmation

B.

Get CM's approval

C.

Declare assets

D.

Background check

Correct option is A

Correct Answer: (A) Take oath or affirmation

Explanation:

  • Under Article 188 of the Constitution of India, state legislators must take an oath or affirmation before they can take their seats in the state assembly for the first time. This oath is taken to affirm allegiance to the Constitution of India and to faithfully discharge their duties as a member of the legislative assembly.

Information Booster:

  • The oath or affirmation is administered by the Governor of the state or someone designated by the Governor.
  • The oath ensures that the legislator will uphold the Constitution and perform their duties impartially.

State legislator:

  1. Structure:
    • Bicameral (2 Houses): Some states have a Legislative Council (Upper House) and a Legislative Assembly (Lower House), while others only have a Legislary Assembly.
    • Unicameral: States like Goa, Mizoram, and Sikkim have only the Legislative Assembly.
  2. Members:
    • Legislative Assembly (Vidhan Sabha): Elected directly by the people through general elections.
    • Legislary Council (Vidhan Parishad): Members are elected indirectly through various methods such as legislative assembly, graduates, teachers, and local authority constituencies.
  3. Oath:
    • Under Article 188 of the Constitution of India, legislators must take an oath or affirmation before assuming office.
  4. Duration:
    • Legislative Assembly: Maximum term of 5 years, unless dissolved earlier.
    • Legislary Council: Members serve for 6 years, with one-third retiring every two years.
  5. Functions:
    • Law-making: State legislatures pass laws on subjects in the State List and Concurrent List of the Seventh Schedule.
    • Budget Approval: The State Budget must be approved by the legislature.
  6. Governor's Role:
    • The Governor is the head of the state legislature and plays a key role in calling sessions, signing bills, and addressing the legislature.
  7. Sessions:
    • The legislature meets for sessions: Budget Session, Monsoon Session, and Winter Session.
  8. Legislative Process:
    • Bills passed by the Legislative Assembly must be sent to the Legislary Council (if applicable) and then to the Governor for assent. If both houses agree, the bill becomes law.
  9. State Legislative Powers:
    • States have powers to legislate on matters listed in the State List and Concurrent List, with some overlap with the Union List handled by the Parliament.
  10. Article 168:
    • Defines the organization of the state legislature, including the number of houses (bicameral or unicameral).

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