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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 and 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 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, 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.

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 103 YSRCP 66, Navodyam 01 01
Arunachal 60 15 11 -- -- -- PPA 30 02 Vacant 02
Assam 126 68 06 -- -- BPF 12 AIUDF 18, AGP 09, AITC 01 02 Vacant 10
Bihar 243 27 53 CPI-ML 03 RJD 80, JDU 71 -- LJP 02, RLSP 01, HAM 01 04 Vacant 01
Chhattisgarh 90 39 49 -- -- -- BSP 01 01
Goa 40 09 21 -- -- MGP 03 GVP 02 05
Gujarat 182 57 121 -- JDU 01 -- NCP 02 -- Vacant 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 27 NC 15, JKPC 02, PDF 01 03 Vacant 01
Jharkhand 81 07 42 CPI-ML 01, MCC 01 JMM 19, JBSP 01 JVM-P 02 AJSU 04, BSP 01, JP 01, NSM 01 -- Vacant 01
Karnataka 224 124 46 JDS 40, BSRC 03 KMP 01, SKP 01 09
Kerala 140 39 -- CPI 13, CPM 44, RSP 02, RSP-B 01 JDS 04, JDU 02 IUML 20, KCJ 01, KCB 01, KCM 09, NCP 02 02
Madhya Pradesh 230 57 166 -- -- -- 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 47 02 NPF 04 AITC 05, NCP 01, LJP 01
Meghalaya 60 30 -- UDP-M 08, HSPDP 04, NCP 02, NPP 02, NESDP 01 13
Mizoram 40 34 -- -- -- -- MNF 05, MPC 01
Nagaland 60 -- 04 JDU 01 NPF 46 NCP 01 08
Odisha 147 16 10 CPM 01 BJD 117, SKD 01 02
Punjab 117 42 12 SAD 60 03
Rajasthan 200 24 160 BSP 03, NPP 04, NUZP 02 07
Sikkim 32 SDF 21 SKM 10 01
Tamil Nadu 234 05 -- CPM 10, CPI 08, AIFB 01 MNMK 02, AIADMK 150, DMK 23, DMDK 20, PMK 02, PT 01 Vacant 12
Telangana 119 16 CPM 01, CPI 01 TDP 05, AIMIM 07 TRS 84 01
Tripura 60 10 -- CPM 49, CPI 01 -- -- -- --
Uttar Pradesh 403 29 41 -- SP 228, RLD 08 BSP 79, PPI 04, QED 02, AD 01, NCP 01, AITC 01, IEMC 01 06 Vacant 02
Uttarakhand 70 27 27 BSP 02, UKD-P 01 03 9 rebels from INC, 1 from BJP
West Bengal 294 35 01 CPM 39, RSP 07, AIFB 11, CPI 01, SUCI(C) 02 SP 01, DSP-PC 01 GJM 03 AITC 191 02
Delhi 70 -- 03 -- -- -- AAP 67 --
Puducherry 30 07 -- -- -- -- AINRC 15, AIADMK 05, DMK 02 01
Total 4120 873 1004 202 595 385 934 97 30

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. ^ "KKHSOU".
  2. ^ [1]