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 three unicameral legislatures in Union Territories: the Delhi Legislative Assembly, Jammu and Kashmir Legislative Assembly Puducherry Legislative Assembly. Only a Member of the Legislative Assembly can work as a minister for more than 6 months. If a non Member of the Legislative Assembly becomes a Chief Minister or a minister, he must become an MLA within 6 months to continue in job. Only a Member of the Legislative Assembly can become Speaker of the Legislature.

Introduction

In states where there are two houses, there is a State Legislative Council, and a State Legislative Assembly. In such a case, the Legislative Council is the upper house, while the 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 the Indian constitution).

The Legislative Assembly consists of not more than 500 members and not fewer than 60. 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. Until January 2020, the President had the power to nominate two Anglo Indians to the Lok Sabha and the Governor had 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. In January 2020, the Anglo-Indian reserved seats in the Parliament and State legislatures of India were abolished by the 104th Constitutional Amendment Act, 2019.[2][3]

Qualification

The qualifications to become a member of the Legislative Assembly are largely similar to the qualifications to be a member of Parliament.

  1. The person should be a citizen of India.
  2. Not less than 25 years of age[4] 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.
  3. 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.
  4. The person should not be convicted of any offence and sentenced to an imprisonment of 2 years or more.

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, when the Chief Minister has actual majority support in the Assembly. The Assembly may be dissolved earlier, if no one can prove majority support and become Chief Minister. The term of the Legislative Assembly may be extended during an emergency,[5] 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, Karnataka, Maharashtra, Telangana, and Uttar Pradesh have their upper houses in existence with six-year term, J&K also has six-year term lower house. All other states have abolished the upper house by the above-mentioned method, as the upper house causes unnecessary problems, expenditure and issues.[6]

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.

MLAs by States

Members of Legislative Assembly by their political party (As of 13 July 2021)

State/UT Total Independent Vacant
BJP NDA INC UPA Others
Andhra Pradesh 175 0 JSP (1) 0 None YSRCP(150) 0 1
TDP (23)
Arunachal Pradesh 60 48 NPP (4) 4 None JDU (1) 3 0
Assam 126 60 AGP (9) 28 AIUDF(16) 0 1 3
BPF(3)
UPPL (5) CPI(M)(1)
Bihar 243 74 JDU (43) 19 RJD (75) AIMIM (5) 1 2
CPI(2)
HAM (4) CPI(M)(2)
VIP (4) CPI(M–L)(12)
Chhattisgarh 90 14 None 70 None JCC (4) 0 0
BSP (2)
Goa 40 27 None 5 NCP (1) GFP (3) 3 0
MGP (1)
Gujarat 182 112 None 65 NCP (1) BTP (2) 0 1
IND (1)
Haryana 90 40 JJP (10) 31 None HLP (1) 7 1
Himachal Pradesh 68 43 None 19 None CPI(M)(1) 2 3
Jharkhand 81 26 AJSU (2) 18 JMM(30) None 2 0
RJD (1)
NCP (1)
CPI(ML)(1)
Karnataka 224 119 IND (2) 68 IND (1) JD(S) (32) 0 2
Kerala 140 0 None 21 IUML (15) CPI(M)(62) 6 0
CPI(17)
KC(M) (5)
JD(S)(2)
NCP (2)
RMPI (1) LJD(1)
KC(2) KC(B) (1)
NSC (1)
C(S) (1)
KC(J) (1) INL (1)
JKC (1)
Madhya Pradesh 230 125 IND (7) 95 None 3
Maharashtra 288 106 RSP (1) 43 SHS (57) AIMIM (2) 0 1
NCP (53)
BVA (3)
JSS (1) PJP (2) MNS (1)
SP (2)
SWP (1)
IND (5) PWPI (1) CPI(M) (1)
IND (8)
Manipur 60 25 NPP (4) 17 None AITC (1) 3 6
NPF (4)
Meghalaya 60 2 NPP (21) 17 NCP (1) KHNAM (1) 2 2
UDP (8)
PDF (4)
HSPDP (2)
Mizoram 40 1 MNF (27) 5 None ZPM (7) 0 0
Nagaland 60 12 NDPP (20) 0 None NPF (25) 2 1
Odisha 147 22 IND (1) 9 CPI(M) (1) BJD 113 0 1
Punjab 117 2 None 80 None AAP(16) 0 3
SAD(14)
LIP (2)
Rajasthan 200 71 IND (1) 106 RLD (1) RLP (3) 0 2
BTP (2)
IND (12) CPI(M) (2)
Sikkim 32 12 SKM (19) 0 None SDF (1) 0 0
Tamil Nadu 234 4 AIADMK (66) 18 DMK(133) 0 0 0
VCK (4)
PMK (5) CPI (2)
CPI(M)(2)
Telangana 119 2 None 6 None TRS (103) 0 1
AIMIM (7)
Tripura 60 36 IPFT (7) 0 None CPI(M) (16) 0 1
Uttar Pradesh 403 305 AD(S) (9) 7 None SP (49) 0 8
BSP (18)
IND (3) SBSP (4)
Uttarakhand 70 56 None 10 None 0 2 2
West Bengal 294 74 None 0 ISF (1) AITC(211), GJM (T)(1) 0 7
Delhi 70 8 None 0 None AAP (62) 0 0
Jammu and Kashmir 90 90
Puducherry 30 6 AINRC(10) 2 DMK (6) 6 0
Total 4123 1432 309 763 457 981 40 141

MLAS by party affiliation

S.No Party MLA
1. Bharatiya Janata Party 1432
2. Indian National Congress 763
3. All India Trinamool Congress 212
4. YSR Congress Party 150
5. Dravida Munnetra Kazhagam 139
6. Biju Janata Dal 113
7. Telangana Rashtra Samithi 103
8. Communist Party of India (Marxist) 88
9. Independent 81
10. Aam Aadmi Party 78
11. Rashtriya Janata Dal 76
12. All India Anna Dravida Munnetra Kazhagam 66
13. Nationalist Congress Party 59
14. Shiv Sena 57
15. Samajwadi Party 51
16. Janata Dal (United) 44
17. Janata Dal (Secular) 34
18. Jharkhand Mukti Morcha 30
19. Naga People's Front 29
20. National People's Party 29
21. Mizo National Front 27
22. Telugu Desam Party 23
23. Bahujan Samaj Party 22
24. Communist Party of India 21
25. Nationalist Democratic Progressive Party 20
26. Sikkim Krantikari Morcha 19
27. All India United Democratic Front 16
28. Indian Union Muslim League 15
29. Shiromani Akali Dal 14
30. All India Majlis-e-Ittehadul Muslimeen 14
31. Communist Party of India (Marxist–Leninist) Liberation 13
32. AINRC 10
33. Vacant 141
34. Others 134
* Total 4123

See also

  • Election Commission of India
  • 2021 elections in India
  • List of members of the 17th Lok Sabha
  • List of current members of the Rajya Sabha
  • Rajya Sabha

References

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