Member of the Legislative Assembly (India)

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Member of the Legislative Assembly of State Legislative Assemblies of India
Emblem of India.svg
TypeLegislative Assembly
AbbreviationMLA
Member of
Reports toGovernor of State
ResidenceRaj Bhavan
Seat
AppointerElected by Voters(citizen)

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 a 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 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

One MLA can be nominated from Anglo-Indian community in the states of Tamil Nadu[5] and Jharkhand[6]. Up to three MLAs can be nominated in the union territory of Puducherry by the central government and unlike the states the nominated MLAs in Puducherry enjoy equal powers as elected MLAs[1].

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[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 1 years or more.

Term

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

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

Members of Legislative Assembly by their political party (As of 27 June 2022)

State/UT Total Ruling

Party

IND NOM Vacant
BJP NDA INC UPA Others
Andhra Pradesh 175 YSRCP 0 Jana Sena (1) 0 0 YSRCP (151)
TDP (23)
Arunachal Pradesh 60 BJP 48 NPP (4) 4 0 JD(U) (1)
IND (2) AITC (1)
Assam 126 BJP 63 AGP (9) 27 CPI(M) (1) AIUDF (15)
UPPL (7) BPF (3)
RD (1)
Bihar 243 JD(U) 77 JD(U) (45) 19 0 RJD (80)
CPI(ML)L (12)
HAM-Se (4) AIMIM (1)
CPI (2)
IND (1) CPI(M) (2)
Chhattisgarh 90 INC 14 0 71 0 JCC(J) (3)
BSP (2)
Goa 40 BJP 20 MGP (2) 11 GFP (1) AAP (2)
Independent (3) RGP (1)
Gujarat 182 BJP 111 0 63 Independent (1) BTP (2) 4
NCP (1)
Haryana 90 BJP 40 JJP (10) 31 0 INLD (1) 2
HLP (1)
IND (5)
Himachal Pradesh 68 BJP 43 0 22 0 CPI(M) (1) 2
Jharkhand 82 JMM 26 AJSU (2) 18 JMM (30) 0 2 1
RJD (1)
NCP (1)
CPI(ML)L (1)
Karnataka 225 BJP 121 Independent (1) 71 Independent (1) JD(S) (30)
Kerala 140 CPI(M) 0 0 21 IUML (15) CPI(M) (62)
CPI (17)
KC(M) (5)
Nationalist Congress Kerala (1) JD(S) (2)
NCP (2)
RMPI (1) LJD (1)
KC(B) (1)
KEC (2) NSC (1)
Cong(S) (1)
KC(J) (1) INL (1)
JKC (1)
IND (5)
Madhya Pradesh 230 BJP 127 Independent (4) 96 0 BSP (2)
SP (1)
Maharashtra 288 SHS 106 RSPS (1) 44 SHS (55) AIMIM (2) 1
NCP (53)
BVA (3)
JSS (1) PJP (2) MNS (1)
SP (2)
SWP (1)
Independent (5) PWP (1) CPI(M) (1)
Independent (8)
Manipur 60 BJP 32 NPP (7) 5 Independent (2) 0 2
JD(U) (6)
NPF (5)
KPA (2)
Independent (1)
Meghalaya 60 NPP 2 NPP (23) 5 NCP (1) AITC (12)
UDP (8)
PDF (4) KHNAM (1)
HSPDP (2)
IND (2)
Mizoram 40 MNF 1 0 5 0 MNF (28)
ZPM (6)
Nagaland 60 NDPP 12 NDPP (42) 0 0 0
NPF (4)
IND (2)
Odisha 147 BJD 22 Independent (1) 9 CPI(M) (1) BJD 114
Punjab 117 AAP 2 0 18 Independent (1) AAP (92)
SAD (3)
BSP (1)
Rajasthan 200 INC 71 0 108 Independent (13) RLP (3)
BTP (2)
CPI(M) (2)
RLD (1)
Sikkim 32 SKM 12 SKM (19) 0 0 SDF (1)
Tamil Nadu 234 DMK 4 AIADMK (66) 18 DMK (125) 0
VCK (4)
PMK (5) CPI (2)
CPI(M) (2)
PBK (1) MNMK (2)
KMDK (1)
TVK (1)
Telangana 119 TRS 3 0 6 0 TRS (103)
AIMIM (7)
Tripura 60 BJP 36 IPFT (7) 1 0 CPI(M) (15) 1
Uttar Pradesh 403 BJP 255 AD(S) (12) 2 0 SP (111)
RLD (8)
SBSP (6)
NISHAD (6) Jansatta Dal (L) (2)
BSP (1)
Uttarakhand 70 BJP 47 IND (2) 19 0 BSP (2)
West Bengal 294 AITC 71 0 0 0 AITC (220) 1
GJM (1)
ISF (1)
Delhi 70 AAP 8 0 0 0 AAP (62)
Puducherry 33 AINRC 9 AINRC (10) 2 DMK (6) 0
IND (6)
Jammu and Kashmir 90 President’s Rule 90
Total 4128 1383 351 694 342 1247 8 2 97

MLC By State

State/UT Total Independent Vacant
BJP NDA INC UPA Others
Andhra Pradesh 58 2 None None YSRCP (33) 3
TDP (15)
PDF (4)
UTF (1)
Bihar 75 22 JD(U) (28) 4 CPI (2) RJD (11) 5
HAM-Se (1)
VIP (1)
RLJP (1)
Karnataka 75 37 IND (1) 25 JD(S) (11) 1
Maharashtra 78 30 RSPS (1) 10 SHS (16) None 5
NCP (12)
PWP (2)
IND (2)
Telangana 40 None 1 None TRS (33) 3 1
AIMIM (2)
Uttar Pradesh 100 68 AD(S) (1) 1 None SP (10) 9
NISHAD (1) BSP (3)
IND (6) Jansatta Dal (L) (1)
Total 426 154 41 40 30 124 11 26

MLAs by party affiliation

Party MLAs No. of States

MLAs are from

1 Bharatiya Janata Party 1383 28
2 Indian National Congress 694 24
3 All India Trinamool Congress 233 3
4 Aam Aadmi Party 155 3
5 YSR Congress Party 151 1
6 Dravida Munnetra Kazhagam 131 2
7 Samajwadi Party 114 3
8 Biju Janata Dal 114 1
9 Telangana Rashtra Samithi 103 1
10 Communist Party of India (Marxist) 88 9
11 Rashtriya Janata Dal 78 3
12 Independent 65 19
13 All India Anna Dravida Munnetra Kazhagam 66 1
14 Nationalist Congress Party 59 5
15 Janata Dal 52 3
16 Nationalist Democratic Progressive Party 42 1
17 National People's Party 34 3
18 Janata Dal 34 2
19 Jharkhand Mukti Morcha 30 1
20 Mizo National Front 27 1
21 Telugu Desam Party 23 1
22 Communist Party of India 21 3
23 Sikkim Krantikari Morcha 19 1
24 All India United Democratic Front 15 1
25 Shiv Sena 15 1
26 Indian Union Muslim League 15 1
27 Communist Party of India (Marxist–Leninist) Liberation 13 2
28 Apna Dal 12 1
30 All India N.R. Congress 10 1
31 Jannayak Janta Party 10 1
32 Naga People's Front 9 2
33 Rashtriya Lok Dal 9 2
34 Asom Gana Parishad 9 1
35 United Democratic Party 8 1
36 Bahujan Samaj Party 7 5
37 Indigenous People's Front of Tripura 7 1
38 United People's Party Liberal 7 1
29 All India Majlis-e-Ittehadul Muslimeen 6 3
39 NISHAD Party 6 1
40 Suheldev Bharatiya Samaj Party 6 1
41 Zoram People's Movement 6 1
42 Kerala Congress 5 1
43 Pattali Makkal Katchi 5 1
44 Bharatiya Tribal Party 4 2
45 Hindustani Awam Morcha 4 1
46 People's Democratic Front 4 1
47 Viduthalai Chiruthaigal Katchi 4 1
48 Bahujan Vikas Aaghadi 3 1
49 Bodoland People's Front 3 1
50 Janta Congress Chhattisgarh 3 1
51 Rashtriya Loktantrik Party 3 1
52 Shiromani Akali Dal 3 1
53 All Jharkhand Students Union 2 1
54 Hill State People's Democratic Party 2 1
55 Jansatta Dal 2 1
56 Kerala Congress 2 1
57 Kuki People's Alliance 2 1
58 Maharashtrawadi Gomantak Party 2 1
59 Prahar Janshakti Party 2 1
60 Congress 1 1
61 Goa Forward Party 1 1
62 Gorkha Janmukti Morcha 1 1
63 Haryana Lokhit Party 1 1
64 Indian National League 1 1
65 Indian National Lok Dal 1 1
66 Indian Secular Front 1 1
67 Janadhipathya Kerala Congress 1 1
68 Janasurajyashakti Paksha 1 1
69 Jana Sena Party 1 1
70 Kerala Congress 1 1
71 Kerala Congress 1 1
72 Khun Hynniewtrep National Awakening Movement 1 1
73 Maharashtra Navnirman Sena 1 1
74 Nationalist Congress Kerala 1 1
75 National Secular Conference 1 1
76 Peasants and Workers Party of India 1 1
77 Raijor Dal 1 1
78 Rashtriya Samaj Paksha 1 1
79 Revolutionary Goans Party 1 1
80 Revolutionary Marxist Party of India 1 1
81 Sikkim Democratic Front 1 1
82 Swabhimani Paksha 1 1
Vacant 97
Total 4128

See also

References

  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. Retrieved 25 January 2020.
  4. ^ "Anglo Indian Members of Parliament (MPs) of India - Powers, Salary, Eligibility, Term". www.elections.in.
  5. ^ "Renomination of MLA draws flak". The Hindu. 1 June 2016. Retrieved 28 June 2022.
  6. ^ Ganguly, Achintya (24 January 2020). "Galstaun takes oath as Anglo-Indian MLA". The Telegraph. Retrieved 28 June 2022.
  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