Member of the Legislative Assembly (India)

A Member of Legislative Assembly (MLA) is a representative elected by the voters of an electoral district (constituency) to the legislature of the State government in the Indian system of government. From each constituency, the people elect one representative who then becomes a member of the Legislative Assembly (MLA). Each state has between seven and nine MLAs for every Member of Parliament (MP) that it has in the Lok Sabha, the lower house of India's bicameral parliament. There are also members in two unicameral legislatures in Union Territories: the Delhi Legislative Assembly and Puducherry Legislative Assembly.

State legislature

In states where there are two houses there is a Legislative Council and a Legislative Assembly. In such a case, the Legislative Council is the Upper House, while Legislative Assembly is the Lower House of the State Legislature.

The Governor shall not be a member of the Legislature or Parliament, shall not hold any office of profit, and shall be entitled to emoluments and allowances. (Article 158 of Indian constitution).

The Legislative Assembly consists of not more than 500 members and not fewer than 40. The biggest state, Uttar Pradesh, has 403 members in its Assembly. States which have small populations and are small in size have a provision for having an even lesser number of members in the Legislative Assembly. Puducherry has 30 members. Mizoram and Goa have only 40 members each. Sikkim has 32. All members of the Legislative Assembly are elected on the basis of adult franchise, and one member is elected from one constituency. Just as the President has the power to nominate two Anglo Indians to the Lok Sabha, similarly, the Governor has the power to nominate one member[1] from the Anglo Indian community as he/she deems fit, if he/she is of the opinion that they are not adequately represented in the Assembly.

Qualification

The qualifications to become a member of the state Legislature are largely similar to the qualifications to be a member of Parliament. i) The person should be a citizen of India ii) not less than 25 years of age[2] to be a member of the Legislative Assembly and not less than 30 years as per Article 173 of Indian Constitution to be a member of the Legislative Council.

No person can become a member of the Legislative Assembly or the Legislative Council of any state, unless the individual is a voter from any constituency of the state. Those who cannot become members of Parliament also cannot become members of the state legislature.

The member is elected by the people of that particular constituency and represents those people in the legislative assembly and debates on issues related to his or her constituency. The MLA's position is like an MP, but the difference is only that MLA is in the state level and the MP is in the national level.

Term

The term of the Legislative Assembly is five years. However, it may be dissolved earlier than that by the Governor on the request of the Chief Minister. The term of the Legislative Assembly may be extended during an emergency, but not more than six months at a time. The Legislative Council is the Upper House in the State. Just like the Rajya Sabha it is a permanent House. The members of the state's upper house are selected based on the strength of each party in the lower house and by state gubernatorial nomination. The term of is six years, and a third of the members of the House retire after every two years. The upper house of a state assembly, unlike the Upper house of the Parliament, can be abolished by the lower house, if it passes a specific law bill, which states to dissolve the upper house, and gets it attested in both houses of parliament and then signed by the president into law. Only Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra, Telangana, and Uttar Pradesh have their upper houses in existence with 6 year term, J&K also has 6 year term lower house. All other states have abolished the upper house by the above-mentioned method, as the upper house causes unnecessary problems and issues.

Powers

The most important function of the legislature is law making. The State Legislature has the power to make laws on all items on which Parliament cannot legislate. Some of these items are police, prisons, irrigation, agriculture, local governments, public health, pilgrimages, and burial grounds. Some topics on which both Parliament and states can make laws are education, marriage and divorce, forests, and the protection of wild animals and birds.

As regards money bills, the position is the same. Bills can originate only in the Legislative Assembly. The Legislative Council can either pass the bill within 14 days of the date of the receipt of the Bill or suggest changes in it within 14 days. These changes may or may not be accepted by the Assembly.

The state legislature, besides making laws, has one electoral power, in electing the President of India. Elected members of the Legislative Assembly along with the elected members of Parliament are involved in this process.

Some parts of the Constitution can be amended by Parliament with the approval of half of state legislatures. Thus the state legislatures take part in the process of amendment of the Constitution.

MLA party memberships as of March 2019

State name Total BJP INC Leftists Socialist NDA Others Ind. Vacant
Andhra Pradesh 175 4 TDP 99, YSRCP 66

6

Arunachal Pradesh 60 48 5 NPP 5 2
Assam 126 62 25 AGP 14, BPF 12 AIUDF 13
Bihar 243 53 27 CPI-ML 3 RJD 81 JDU 74, LJP 2, RLSP 2 HAM 1
Chhattisgarh 90 15 68 BSP 2, JCC 5
Goa 40 18 14 MGP 3, GFP 3 2
Gujarat 182 100 78 BTP 2, NCP 1

1

Haryana 90 52 17 INLD 18 SAD 1 BSP 1

1

Himachal Pradesh 68 46 21 CPM 1
Jammu & Kashmir 87 25 12 CPM 1 JKPC 2 PDP 28, NC 15, PDF 1 3
Jharkhand 81 43 9 CPI-ML 1, MCC 1 JMM 19, JBSP 1 AJSU 4 JVM(P) 2, BSP 1, NSM 1
Karnataka 224 104 80 JDS 38 BSP1, KPJP 1
Kerala 140 1 22 CPM 62, CPI 19, CMP(KSC) 1, RSP(L) 1, C(S) 1, NSC 1, KCB 1 JDS 3 IUML 18, KCM 6, KCJ 1, NCP 2, 1
Madhya Pradesh 230 109 118 SP 1 BSP 2 4
Maharashtra 289 122 42 PWPI 3, CPM 1 SS 63, RSP 1 NCP 41, BVA 3, AIMIM 2, MNS 1, BBM 1 1
Manipur 60 32 19 NPF 4, NPP 4, LJP 1
Meghalaya 60 2 20 NPP 23, UDP 7, PDP 4, HSPDP 2 NCP 1, KHNAM 1
Mizoram 40 01 05 MNF 26 8
Nagaland 60 12 NDPP 18, NPP 2, JDU 1 NPF 26 1
Odisha 147 10 16 CPM 1 BJD 119, SKD 1
Punjab 117 3 78 SAD 14 AAP 19, LIP 2 1
Rajasthan 200 73 100 CPM 2 BSP 6, Rashtriya Loktantrik Party 3, BTP 2, RLD 1 13
Sikkim 32 SDF 22 SKM 10
Tamil Nadu 234 8 AIADMK 116, DMK 88, IUML 1 1 20
Telangana 119 1 19 AIFB 1 TRS 88, AIMIM 7, TDP 2 1
Tripura 60 36 CPM 16 IPFT 8
Uttar Pradesh 403 310 7 SP 48 ADS 9, SBSP 4 BSP 19 5

1

Uttarakhand 70 57 11
West Bengal 294 3 42 CPM 26, RSP 3, AIFB 2, CPI 1 AITC 213, GJM 3
Delhi 70 4 AAP 66
Puducherry 30 16 AINRC 7 AIADMK 4 , DMK 2

1

Total 4120 1345 871 149 329 340 1003 23 39

Presiding officers

Similar to the Presiding officers of the Lok Sabha and the Rajya Sabha, the Legislative Assembly and the Legislative Council also have Presiding Officers. The Legislative Assembly has a Speaker and a Deputy Speaker and the Legislative Council has a Chairman and a Deputy Chairman. They are elected from among the members of the House.

See also

References

  1. ^ "Indian Government Structure at State Level". KKHSOU.
  2. ^ "Archived copy". Archived from the original on 2010-10-05. Retrieved 2010-02-18.CS1 maint: Archived copy as title (link)
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