Member of the Legislative Assembly (India)

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A Member of Legislative Assembly (MLA) is a representative elected by the voters of an electoral district (constituency) to the Legislature of a State in the Indian system of government. Each state has between seven to nine MLA for every Member of Parliament (MP) that it has in the Lok Sabha. 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 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, shall be entitled to emoluments and allowances. (Article 158 of Indian constitution).

The Legislative Assembly consists of not more than 500 members and not less than 60. The biggest state like Uttar Pradesh has 403 members in its Assembly. States which have small population and are small in size have a provision for having even lesser number of members in the Legislative Assembly. Puducherry has 30 members. Mizoram, Goa have only 40 members each. Sikkim has 32 members. 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 2 Anglo Indians to the Lok Sabha, similarly, the Governor also has the power to nominate 1 member[1] from Anglo Indian's 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 member of the state Legislature are largely similar to the qualifications to be the members of Parliament. A person should be i) a citizen of India ii) not less than 25 years of age[2] to be 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 he himself is a voter from any constituency of the state. Those who cannot become members of Parliament can also not become members of state Legislature. He 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.His position is like an MP only 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. But it may be dissolved even earlier than five years by the Governor on the request of Chief Minister. The term of the Legislative Assembly may be extended during an Emergency, but not more than six months at a time.In the State of Jammu and Kashmir the tenure of the Legislative Assembly is 6 years.

The Legislative Council is the Upper House in the State. Just like the Rajya Sabha it is a permanent House and cannot be dissolved. The term of each member is 6 years and 1/3 members of the House retire after every two years..I.e.,it mean

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, burial grounds etc. Some items on which both Parliament and states can make laws are education, marriage and divorce, forests, protection of wild animals and birds etc.

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

The State Legislature besides making laws also 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.

Current MLA party memberships in 2015

State Name Total INC BJP Leftists Socialist Right Wing Others IND
Andhra Pradesh 175 -- 04 -- -- TDP 102 YSRCP 67
Arunachal 60 42 11 -- -- -- PPA 05 02
Assam 126 78 05 -- -- BPF 12 AIUDF 18, AGP 10, AITC 1 02
Bihar 243 27 53 CPI-ML 03 RJD 80, JDU 71 -- LJP 02, RLSP 02, HAM 01 01
Chhattisgarh 90 39 49 -- -- -- BSP 01 01
Goa 40 09 21 -- -- MGP 03 GVP 02 05
Gujarat 182 58 121 -- JDU 01 -- GPP 02, NCP 02 01
Haryana 90 15 47 -- INLD 19 SAD 01 HJS-BL 02, BSP 01 05
Himachal Pradesh 68 36 26 -- -- -- -- 06
Jammu and Kashmir 87 12 25 CPM 01 PDP 28 NC 15, PDF 01 04
Jharkhand 81 06 43 CPI-ML 01, MCC 01 JMM 19, JBSP 01 JVM-P 08 AJSU 05, BSP 01, JP 01, NSM 01
Karnataka 224 122 40 JDS 40, SP 01 KJP 06 BSRC 04, KMP 01, SKP 01 09
Kerala 140 38 CPI 13, CPM 45, LDF 02, RSP 02, RSP-B 01 JDS 04, SJD 02 IUML 20, KCJ 01, KCB 01, KCM 09, NCP 02
Madhya Pradesh 230 58 165 -- -- -- BSP 04 03
Maharashtra 288 42 122 PWPI 03, CPM 01 SP 01 SS 63, AIMIM 02, MNS 01 NCP 41, BVA 03, BBM 01, RSP 01 07
Manipur 60 42 -- NPF 04 AITC 07, MSCP 05, NCP 02, LJP 01
Meghalaya 60 29 -- UDP-M 08, HSPDP 02, NCP 02, NPP 02, GNC 02, NESDP 01 13
Mizoram 40 34 -- -- -- -- MNF 05, MPC 01
Nagaland 60 08 01 JDU 01 NPF 37 NCP 04 08
Odisha 147 16 10 CPM 01 BJD 116, SKD 01 02
Punjab 117 46 12 SAD 54 05
Rajasthan 200 21 163 BSP 03, NPP 04, NUZP 02 07
Sikkim 32 SDF 22 SKM 10
Tamil Nadu 234 05 CPM 10, CPI 09, AIFB 01 MNMK 02, AIADMK 150, DMDK 29, DMK 23, PMK 03, PT 02
Telangana 119 21 05 CPM 01, CPI 01 TDP 15, AIMIM 07 TRS 63, YSRCP 03
Tripura 60 10 -- CPM 49, CPI 01 -- -- -- --
Uttar Pradesh 403 28 47 -- SP 224, RLD 09 BSP 80, PPI 04, NCP 01 14
Uttarakhand 70 32 31 BSP 03, UKD-P 01 03
West Bengal 294 42 -- CPM 40, RSP 07, AIFB 11, CPI 02, SCUI 01 SP 01, DSP-PC 01 AITC 184, GJM 03 02
Delhi 70 -- 03 -- -- -- AAP 67 --
Puducherry 30 07 -- -- -- -- AINRC 15, AIADMK 05, DMK 02 01
Total 4046 904 978 207 585 387 908 101

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. http://www.kkhsou.in/main/polscience/government_state.html
  2. [1]