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Member of the Legislative Assembly (India)

Member of the Legislative Assembly (India)

A Member of the Legislative Assembly (MLA) is a representative elected by the voters of an electoral district (constituency) to the legislature of 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 State Legislative Council (Vidhan Parishad) and a State Legislative Assembly (Vidhan Sabha). In such a case, the Legislative Council is the upper house, while Legislative Assembly is a 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 404 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 33 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, Pilgrimage, 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 August of 2019

State nameTotalBJPINCNDAUPAOthersInd.Vacant
Andhra Pradesh175YSRCP 151, TDP 23, JSP 1
Arunachal Pradesh60414JDU 7, NPP 5PPA 12
Assam1265824AGP 14, BPF 12AIUDF 1314
Bihar2435427JDU 73, LJP 2RJD 79 , HAM 1CPI-ML 34
Chhattisgarh901467JCC 5, BSP 22
Goa40275NCP 1GFP 3, MGP 13
Gujarat18210470BTP 2, NCP 123
Haryana904817SAD 1INLD 15, BSP 153
Himachal Pradesh684421CPM 12
Jammu and Kashmir872512JKPC 2JKNC 15JKPDP 28 , CPM 1, JKPDF 13
Jharkhand81439AJSU 4JMM 19, JVM(P) 2BSP 1, NSM 1, CPI-ML 1, MCC 1
Karnataka22410566JD(S) 34, BSP1,117
Kerala140118IUML 17, KCM 5, KCJ 1, NCP 2CPM 57, CPI 19, CMP(KSC) 1, C(S) 1, NSC 1, KCB 1, JDS 367
Madhya Pradesh230108114SP 1, BSP 241
Maharashtra28812540SS 60NCP 39, BVA 3PWPI 3, CPM 1, SP 1, AIMIM 1, VBA 1212
Manipur603119NPF 4, NPP 4, LJP 11
Meghalaya60219NPP 21, UDP 8, PDP 4, HSPDP 2NCP 1KHNAM 12
Mizoram4015MNF 26ZPM 8
Nagaland6012NDPP 20, JDU 1NPF 261
Odisha147239BJD 112, CPM 121
Punjab117278SAD 13AAP 16, LIP 26
Rajasthan20072118RLP 2BTP 2, RLD 1CPM 212
Sikkim3210SDF 1SKM 183
Tamil Nadu2347AIADMK 123DMK 100, IUML 1AMMK 12
Telangana11916TRS 100, AIMIM 7, TDP 2, AIFB 111
Tripura6035IPFT 8CPM 161
Uttar Pradesh4033007ADS 9, NISHAD 1SP 47, BSP 18, SBSP 4314
Uttarakhand70551122
West Bengal294743GJM 3AITC 208, CPM 23, RSP 3, AIFB 2, CPI 113
Delhi704AAP 633
Puducherry3015AINRC 7, AIADMK 4DMK 31
Total4120134483145532710265087

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See also

  • Election Commission of India

References

[1]
Citation Linkwww.kkhsou.in"Indian Government Structure at State Level". KKHSOU.
Sep 30, 2019, 4:50 PM
[2]
Citation Linkeci.nic.in"Archived copy". Archived from the original on 2010-10-05. Retrieved 2010-02-18.CS1 maint: archived copy as title (link)
Sep 30, 2019, 4:50 PM
[3]
Citation Linkwww.kkhsou.in"Indian Government Structure at State Level"
Sep 30, 2019, 4:50 PM
[4]
Citation Linkweb.archive.org"Archived copy"
Sep 30, 2019, 4:50 PM
[5]
Citation Linkeci.nic.inthe original
Sep 30, 2019, 4:50 PM
[6]
Citation Linken.wikipedia.orgThe original version of this page is from Wikipedia, you can edit the page right here on Everipedia.Text is available under the Creative Commons Attribution-ShareAlike License.Additional terms may apply.See everipedia.org/everipedia-termsfor further details.Images/media credited individually (click the icon for details).
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