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Member of the Legislative Assembly (India)

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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 and the 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 the job. Only a Member of the Legislative Assembly can become the Speaker of the Legislature.

Member of the Legislative Assembly
Legislative Assembly
AbbreviationMLA
Member of
Reports toSpeaker and Deputy Speaker of the Respective Legislative Assemblies of India
NominatorElected By Voting
Term length5 Years
Inaugural holder1952 State Legislative Assembly
Formation1952 (72 years ago) (1952)

Introduction

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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 403 members in its Assembly. States which have small populations and are small in size have a provision for having an even smaller number of members in the Legislative Assembly. Puducherry has 33 members out of which 3 are nominated by central government.[1] Mizoram and Goa have only 40 members each. Sikkim has 32. All members of the Legislative Assembly are elected based on 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[2] from the Anglo Indian community deems fit if the governor thinks 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.[3][4]

Nominated MLAs in states and UTs

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Up to three MLAs can be nominated in the union territory of Puducherry by the central government who enjoy equal powers as elected MLAs.[1] Interestingly, as clarified by the Supreme court of India, these MLAs hold the same voting powers as the elected MLAs.[5]

Between 1957 and 2019, before the abrogation of Article 370 and 35A of the Constitution of India, the former 89-member Jammu and Kashmir Legislative Assembly had 2 seats reserved for the nominated women members. But after the passing of Women's Reservation Bill, 2023 it became 33%. Additionally, the Lieutenant Governor may nominate two representatives of Kashmiri migrant families to the assembly, one of which is reserved for woman.[6]

Qualification

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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[7] 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 imprisonment of 2 years or more.
  5. Person must be sound of mind.

Term

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The term of the Legislative Assembly is five years. However, it may be dissolved earlier than that by the Governor at 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,[8] but not more than six months at a time. The Legislative Council is the upper house of 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 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 a six-year term. All other states have abolished the upper house by the above-mentioned method, as the upper house causes unnecessary problems, expenditures and issues.[9]

Powers

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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 to 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 the state legislatures. Thus, the state legislatures take part in the process of amendment to the Constitution.

MLAs by States

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Members of Legislative Assembly by their political party (As of 28 October 2024)

State/UT Total Ruling

Party

Independent NOM Vacant
BJP NDA INC INDIA Others
Andhra Pradesh 175 TDP 8 TDP (135) None YSRCP (11)
JSP (21)
Arunachal Pradesh 60 BJP 46 NPP (5) 1 None None 3
NCP (3)
PPA(2)
Assam 126 BJP 61 AGP (7) 22 CPI(M) (1) AIUDF(15) 5 5
UPPL (6) RD (1) BPF(3)
Bihar 243 JD(U) 80 JD(U) (44) 17 RJD (77) AIMIM (1) 4
CPI(ML)L(11)
HAM(3) CPI(M) (2)
IND(2) CPI (2)
Chhattisgarh 90 BJP 53 None 35 None GGP (1) 1
Delhi 70 AAP 7 None 0 AAP(59) None 4
Goa 40 BJP 28 MGP (2) 3 AAP (2) RGP(1)
IND (3) GFP (1)
Gujarat 182 BJP 161 IND (2) 12 SP (1) AAP (4) 2
Haryana 90 BJP 48 IND (3) 37 None INLD (2)
Himachal Pradesh 68 INC 28 None 40 None None
Jammu and Kashmir 95 JKNC 29 None 6 JKNC 41 JKPDP 3 7 6
CPI(M) (1)
AAP 1 JKPC 1
Jharkhand 82 JMM 25 AJSU(3) 17 JMM (25) None 1 7
JD(U) (1) RJD (1)
IND (1) CPI(ML)L (1)
Karnataka 224 INC 66 JD(S) (18) 133 None SKP (1) 2 4
Kerala 140 CPI(M) None 20 CPI(M) (61) JD(S) (2) 4 3
CPI (17) DCK(1)
IUML (15) RMPI (1)
KC(M) (5) Cong(S) (1)
NCP-SP (2) INL (1)
KEC (2) KC(J) (1)
NSC (1) KC(B) (1)
RJD (1) JKC(1)
Madhya Pradesh 230 BJP 164 None 63 None BAP(1) 2
Maharashtra 288 SHS 102 NCP (40) 37 SS(UBT) (16) AIMIM(2) 14 15
SHS (38) NCP-SP (12)
BVA (3) SP (2) JSS (1)
PHJSP (2) CPI(M) (1)
MNS (1) PWPI (1) RSPS (1)
Manipur 60 BJP 37 NPP (7) 5 None KPA (2) 3
NPF (5)
JD(U) (1)
Meghalaya 60 NPEP 2 NPP(31) 1 AITC (5) VPP (4) 2 1
UDP (12) HSPDP (2)
Mizoram 40 ZPM 2 None 1 None ZPM (27)
MNF (10)
Nagaland 60 NDPP 12 NDPP (25) None None 5
NCP (7)
NPP (5)
LJP(RV) (2)
RPI(A) (2)
NPF (2)
Odisha 147 BJP 79 None 14 CPI(M) (1) BJD (51) 2
Puducherry 33 AINRC 9 AINRC (10) 2 DMK (6) None 6
Punjab 117 AAP 3 None 13 AAP (91) SAD (3) 2 4
BSP (1)
Rajasthan 200 BJP 114 SHS (2) 65 None BAP (3) 8 7
RLD (1)
Sikkim 32 SKM None SKM(30) None 2
Tamil Nadu 234 DMK 4 PMK(5) 18 DMK (133) AIADMK(62)
VCK(4)
IND(4) CPI(M) (2)
CPI (2)
Telangana 119 INC 8 None 75 CPI (1) BRS (28)
AIMIM (7)
Tripura 60 BJP 33 TMP (13) 3 CPI(M) (10) None
IPFT (1)
Uttar Pradesh 403 BJP 251 AD(S) (13) 2 SP (105) JSD(L) (2) 10
RLD (8)
SBSP (6) BSP (1)
NISHAD (5)
Uttarakhand 70 BJP 46 IND (2) 20 None BSP(1) 1
West Bengal 294 AITC 67 BGPM (1) 0 AITC(218) ISF(1) 1 6
Total 4132 1573 545 662 939 264 64 1 84

MLAs by party affiliation

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Party MLAs
1 Bharatiya Janata Party 1573
2 Indian National Congress 662
3 All India Trinamool Congress 223
4 Aam Aadmi Party 157
5 Dravida Munnetra Kazhagam 139
6 Telugu Desam Party 135
7 Samajwadi Party 108
8 Independent 81
9 Communist Party of India (Marxist) 79
Rashtriya Janata Dal 79
11 All India Anna Dravida Munnetra Kazhagam 62
12 Biju Janata Dal 51
13 Nationalist Congress Party 50
14 National People's Party 48
15 Janata Dal (United) 46
16 Jammu and Kashmir National Conference 41
17 Shiv Sena 40
18 Sikkim Krantikari Morcha 30
19 Bharat Rashtra Samithi 28
20 Zoram People's Movement 27
21 Jharkhand Mukti Morcha 25
Nationalist Democratic Progressive Party 25
23 Communist Party of India 22
24 Jana Sena Party 21
25 Janata Dal (Secular) 20
26 Shiv Sena (Uddhav Balasaheb Thackeray) 16
27 All India United Democratic Front 15
Indian Union Muslim League 15
29 Nationalist Congress Party (Sharadchandra Pawar) 14
30 Apna Dal (Sonelal) 13
Tipra Motha Party 13
32 Communist Party of India (Marxist–Leninist) Liberation 12
United Democratic Party 12
34 YSR Congress Party 11
35 All India Majlis-e-Ittehadul Muslimeen 10
All India N.R. Congress 10
Mizo National Front 10
38 Rashtriya Lok Dal 9
39 Asom Gana Parishad 7
Naga People's Front 7
41 Suheldev Bharatiya Samaj Party 6
United People's Party Liberal 6
43 Kerala Congress (M) 5
NISHAD Party 5
Pattali Makkal Katchi 5
46 Bharat Adivasi Party 4
Viduthalai Chiruthaigal Katchi 4
Voice of the People Party 4
49 All Jharkhand Students Union 3
Bahujan Samaj Party 3
Bahujan Vikas Aaghadi 3
Bodoland People's Front 3
Hindustani Awam Morcha 3
Jammu and Kashmir Peoples Democratic Party 3
Shiromani Akali Dal 3
56 Hill State People's Democratic Party 2
Indian National Lok Dal 2
Jansatta Dal (Loktantrik) 2
Kerala Congress 2
Kuki People's Alliance 2
Lok Janshakti Party (Ram Vilas) 2
Maharashtrawadi Gomantak Party 2
People's Party of Arunachal 2
Prahar Janshakti Party 2
Republican Party of India (Athawale) 2
67 Bharatiya Gorkha Prajatantrik Morcha 1
Congress (Secular) 1
Democratic Congress Kerala 1
Goa Forward Party 1
Gondwana Ganatantra Party 1
Indian National League 1
Indian Secular Front 1
Indigenous People's Front of Tripura 1
Jammu and Kashmir People's Conference 1
Janadhipathya Kerala Congress 1
Jan Surajya Shakti 1
Kerala Congress (B) 1
Kerala Congress (Jacob) 1
Maharashtra Navnirman Sena 1
National Secular Conference 1
Peasants and Workers Party of India 1
Raijor Dal 1
Rashtriya Samaj Paksha 1
Revolutionary Goans Party 1
Revolutionary Marxist Party of India 1
Sarvodaya Karnataka Paksha 1
Nominated 1
Vacant 84
Total 4132

See also

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References

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  1. ^ a b Roy, Chakshu (24 February 2021). "Explained: The trust vote in Puducherry". The Indian Express. Retrieved 26 June 2022.
  2. ^ "Indian Government Structure at State Level". KKHSOU.
  3. ^ "Anglo Indian Representation To Lok Sabha, State Assemblies Done Away; SC-ST Reservation Extended For 10 Years: Constitution (104th Amendment) Act To Come Into Force On 25th Jan". www.live law.in. 23 January 2020. Retrieved 25 January 2020.
  4. ^ "Anglo Indian Members of Parliament (MPs) of India - Powers, Salary, Eligibility, Term". www.elections.in.
  5. ^ Datta, Prabhash K (22 February 2021). "How BJP's nominated MLAs sealed Congress's fate in Puducherry". India Today. Retrieved 8 October 2024.
  6. ^ "Parliament passes J-K reservation and reorganisation amendment bills: Know all about them". www.indiatvnews.com. 11 December 2023. Retrieved 12 December 2023.
  7. ^ "Election Commission of India: FAQs - Contesting for Elections". Archived from the original on 5 October 2010. Retrieved 18 February 2010.
  8. ^ "Postponement of elections in Kerala frustrates many politicians in the opposition". India Today. 11 April 2015. Retrieved 23 April 2021.
  9. ^ MLA Post Tenure