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Member of the Legislative Assembly (India)

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Member of a State Legislature in India
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Member of the Legislative Assembly
Legislative Assembly
AbbreviationMLA
Reports toSpeaker and Deputy Speaker of the Respective Legislative Assemblies of India
NominatorElected By Voting
Term length5 Years
Inaugural holder1952 State Legislative Assembly
Formation1952 (74 years ago) (1952)

Amember of the Legislative Assembly (MLA) is a representative elected by the voters of anelectoral district (constituency) to thelegislature of astate government in the Indian system ofgovernment. 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 everyMember of Parliament (MP) that it has in theLok Sabha, thelower house of India'sbicameralparliament. There are also members in threeunicameral legislatures inUnion Territories: theDelhi Legislative Assembly,Jammu and Kashmir Legislative Assembly and thePuducherry Legislative Assembly. Only an MLA can work as a minister for more than six months. If a non-MLA becomes a Chief Minister or a minister, they must become an MLA within six months to continue in the job. Only an MLA can become the Speaker of the Legislature.

Introduction

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In states where there are two houses, there is aState Legislative Council, and aState Legislative Assembly. In such a case, the Legislative Council is theupper 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, of which three are nominated by central government.[1]Mizoram andGoa have only 40 members each.Sikkim has 32. All members of the Legislative Assembly are elected based onadult franchise, and one member is elected from one constituency. Until January 2020, the President had the power to nominate twoAnglo Indians to theLok Sabha and theGovernor 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 the104th 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 ofPuducherry by the central government who enjoy equal powers as elected MLAs.[1] As clarified by the Supreme Court of India, these MLAs hold the same voting powers as the elected MLAs.[5]

Since 2019, Jammu and Kashmir has five nominated MLAs. The nominated MLAs are appointed by the lieutenant governor and enjoy the same voting powers as the elected MLA's.

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[6] 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,[7] but not more than six months at a time. The Legislative Council is the upper house of the State. Just like theRajya 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 legislature, known as astate legislative council, 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.[8]

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 31 January 2026[update])

State/UTTotalRuling

Party

IndependentNOMVacant
BJPNDAINC INDIAOthers
Andhra Pradesh175 TDP8TDP (135)0YSRCP (11)
JSP (21)
Arunachal Pradesh60BJP46NPP (1)100
NCP (3)
PPA (6)
IND (3)
Assam126BJP64AGP (8)22CPI(M) (1)AIUDF(15)
BPF(3)
IND(5)RD (1)UPPL (7)
Bihar243 JD(U)89JD(U) (85)6RJD (25)AIMIM (5)
LJP(RV) (19)CPI(ML)L(2)
HAM(5)CPI(M) (1)BSP (1)
RLM (4)IIP (1)
Chhattisgarh90BJP540350GGP (1)
Delhi70BJP4800AAP(22)
Goa40BJP27MGP (2)3AAP (2)RGP(1)1
IND (3)GFP (1)
Gujarat182BJP162IND (2)12SP (1)01
AAP (4)
Haryana90BJP48IND (3)370INLD (2)
Himachal Pradesh68INC2804000
Jammu and Kashmir95JKNC2906JKNC (41)JKPDP

(4)

35
CPI(M) (1)AAP(1)
IND(4)JKPC (1)
Jharkhand81JMM21AJSU(1)16JMM (34)JLKM (1)
JD(U) (1)RJD (4)
LJP(RV) (1)CPI(ML)L (2)
Karnataka224INC63JD(S) (18)136IND(3)SKP (1)12
Kerala140 CPI(M)0JD(S) (2)21CPI(M) (62)DCK(1)41
CPI (16)NSC (1)
IUML (15)JKC(1)
KC(M) (5)RMPI (1)
NCP-SP (2)Cong(S) (1)
KEC (2)INL (1)
RJD (1)KC(J) (1)
RSP(L) (1)KC(B) (1)
Madhya Pradesh230BJP1650640BAP(1)
Maharashtra288BJP131SS (57)16SS(UBT) (20)SP (2)2
NCP (40)
JSS (2)NCP-SP (10)
RSPS (1)
RSVA(1)CPI(M) (1)AIMIM(1)
RYSP (1)
IND (2)PWPI (1)
Manipur60BJP37NPP (6)50KPA (2)1
NPF (5)
JD(U)(1)
IND(3)
Meghalaya60 NPEP2NPP(33)0AITC (5)VPP (4)
UDP (12)
HSPDP (2)
IND(2)
Mizoram40 ZPM2010ZPM (27)
MNF (10)
Nagaland60NPF11NPF (34)001
NPP (5)
LJP(RV) (2)
RPI(A) (2)
IND(5)
Odisha147BJP79014CPI(M) (1)BJD (50)3
Puducherry33AINRC9AINRC (10)2DMK (6)06
Punjab117 AAP2016SAD (3)AAP (94)1
BSP (1)
Rajasthan200BJP118SS (2)670BAP (4)
RLD (1)
IND (8)
Sikkim32SKM0SKM(32)0
Tamil Nadu234DMK4AIADMK (60)17DMK (133)PMK (5)43
VCK (4)
CPI(M) (2)
CPI (2)
Telangana119INC7076CPI (1)BRS (27)1
AIMIM (7)
Tripura60BJP32TMP (13)3CPI(M) (10)01
IPFT (1)
Uttar Pradesh403BJP257AD(S) (13)2SP (105)JSD(L) (2)2
RLD (9)
SBSP (6)BSP (1)
NISHAD (5)
Uttarakhand70BJP47IND (2)200BSP(1)
West Bengal294AITC650AITC(223)ISF(1)22
BGPM (1)
Total4131165562363886330426022

MLAs by party affiliation

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PartyMLAs
1Bharatiya Janata Party1655
2Indian National Congress638
3All India Trinamool Congress230
4Dravida Munnetra Kazhagam139
5Telugu Desam Party135
6Aam Aadmi Party123
7Samajwadi Party108
8Janata Dal (United)87
9Communist Party of India (Marxist)79
10Independent71
11All India Anna Dravida Munnetra Kazhagam60
12Shiv Sena59
13Biju Janata Dal50
14National People's Party45
15Nationalist Congress Party43
16Jammu and Kashmir National Conference41
17Naga People's Front39
18Jharkhand Mukti Morcha34
19Sikkim Krantikari Morcha32
20Rashtriya Janata Dal30
21Bharat Rashtra Samithi27
Zoram People's Movement27
23Lok Janshakti Party (Ram Vilas)22
24Jana Sena Party21
25Janata Dal (Secular)20
Shiv Sena (Uddhav Balasaheb Thackeray)20
27Communist Party of India19
28All India United Democratic Front15
Indian Union Muslim League15
30Apna Dal (Sonelal)13
All India Majlis-e-Ittehadul Muslimeen13
Tipra Motha Party13
33Nationalist Congress Party (Sharadchandra Pawar)12
United Democratic Party12
35YSR Congress Party11
36All India N.R. Congress10
Mizo National Front10
Rashtriya Lok Dal10
39Asom Gana Parishad8
40United People's Party Liberal7
41Suheldev Bharatiya Samaj Party6
People's Party of Arunachal6
43Bharat Adivasi Party5
Kerala Congress (M)5
Hindustani Awam Morcha5
NISHAD Party5
Pattali Makkal Katchi5
48Bahujan Samaj Party4
Communist Party of India (Marxist–Leninist) Liberation4
Viduthalai Chiruthaigal Katchi4
Voice of the People Party4
Rashtriya Lok Morcha4
Jammu and Kashmir Peoples Democratic Party4
54Bodoland People's Front3
Shiromani Akali Dal3
56Hill State People's Democratic Party2
Indian National Lok Dal2
Jansatta Dal (Loktantrik)2
Kerala Congress2
Kuki People's Alliance2
Maharashtrawadi Gomantak Party2
Republican Party of India (Athawale)2
63All Jharkhand Students Union1
Bharatiya Gorkha Prajatantrik Morcha1
Congress (Secular)1
Democratic Congress Kerala1
Goa Forward Party1
Gondwana Ganatantra Party1
Indian Inclusive Party1
Indian National League1
Indian Secular Front1
Indigenous People's Front of Tripura1
Jammu and Kashmir People's Conference1
Janadhipathya Kerala Congress1
Jharkhand Loktantrik Krantikari Morcha1
Kerala Congress (B)1
Kerala Congress (Jacob)1
National Secular Conference1
Peasants and Workers Party of India1
Raijor Dal1
Rajendra Patil Yadravkar1
Ravi Gangadhar Rana1
Rashtriya Samaj Paksha1
Revolutionary Goans Party1
Revolutionary Marxist Party of India1
Revolutionary Socialist Party (Leninist)1
Sarvodaya Karnataka Paksha1
Vacant22
Total4131

See also

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References

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  1. ^abRoy, Chakshu (24 February 2021)."Explained: The trust vote in Puducherry".The Indian Express. Retrieved26 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. Retrieved25 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. Retrieved8 October 2024.
  6. ^"Election Commission of India: FAQs - Contesting for Elections". Archived fromthe original on 5 October 2010. Retrieved18 February 2010.
  7. ^"Postponement of elections in Kerala frustrates many politicians in the opposition".India Today. 11 April 2015. Retrieved23 April 2021.
  8. ^MLA Post Tenure
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