Syllabus: GS-II Subject: Polity Topic: Legislature, Issue: Governor Quota MLCs
Context:
Telangana High Court repealed the Governor’s order rejecting the nomination of two Members of Legislative Council (MLCs) under Governor’s quota.
Legislative Councils:
- The Legislative Council of a state is constituted as per Article 168 of Indian Constitution.
- Members are elected by selected electoral colleges consisting teachers, graduates etc. and some members are nominated by the Governor on the advice of Council of Ministers.
Highlights of the Telangana HC judgement:
- Governor was bound to act on the aid and advice of the Council of Ministers while exercising powers under Article 171 (5) of the Constitution.
- Judicial review of Governor’s actions if the governor acts against the constitution or his actions are carried out in bad faith.
Related Articles:
| Article 171:Composition of the Legislative Councils
● 1/3rd of the MLCs are elected by the state’s MLAs. ● 1/3rd elected by members municipalities and district boards etc ● 1/12th by teachers ● 1/12th by registered graduates. ● 1/6th- Nominated by the Governor for distinguished services in literature, science, art, cooperative movement and social service. Article 361: The President, or the Governor shall not be answerable to any court for the exercise and performance of the powers and duties of his office. |
