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Member of the Legislative Assembly of State Legislative Assemblies of India
Emblem of India
official Flag of India
Style
  • Honourable (Inside India)
  • His/Her Excellency (Outside India)
TypeLegislative Assembly
AbbreviationMLA
Member of
Reports toGovernor of state
ResidenceRaj Bhavan
Seat
AppointerElected by Voters (citizen)
Salary350,000 (US$4,400)
(incl. allowances) per month[1]

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

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 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.[2] 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[3] 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.[4][5]

Nominated MLAs in states and UTs

Up to three MLAs can be nominated in the union territory of Puducherry by the central government who enjoy equal powers as elected MLAs.[2]

Jammu and Kashmir Reorganisation Act, 2019 provides for nomination of 2 members to the Legislative Assembly by the Lieutenant Governor if women are not adequately represented in the house.[6]

Following amendment to the Act in 2023, the Lieutenant Governor may nominate two representatives of Kashmiri migrant families (one seat reserved for woman) and one member to represent the migrants from Pakistan occupied Kashmir.[7]

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[8] 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

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,[9] 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.[10]

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 24 February 2024)

State/UT Total Ruling

Party

Independent NOM Vacant
BJP NDA INC INDIA Others
Andhra Pradesh 175 YSRCP None None YSRCP(145) 11 2
TDP(17)
Arunachal Pradesh 60 BJP 48 NPP(4) 4 AITC (1) None 1 2
Assam 126 BJP 63 AGP (8) 23 CPI(M) (1) AIUDF (15) 2
UPPL (7) BPF(3)
IND(3) RD (1)
Bihar 243 JD(U) 78 JD(U) (45) 19 RJD (76) AIMIM (1) 1
CPI(ML)L(11)
HAM(4) CPI(M) (2)
IND(4) CPI (2)
Chhattisgarh 90 BJP 54 None 35 None GGP (1)
Goa 40 BJP 28 MGP (2) 3 AAP (2) RGP(1)
IND(3) GFP (1)
Gujarat 182 BJP 156 IND (2) 15 AAP (4) None 4
SP (1)
Haryana 90 BJP 41 JJP (10) 30 None INLD (1) 2
HLP (1)
IND(5)
Himachal Pradesh 68 INC 25 None 40 None None 3
Jharkhand 81 JMM 26 AJSU (3) 17 JMM (29) None 1 1
NCP (1) RJD (1)
IND (2) CPI(ML)L (1)
Karnataka 224 INC 66 JD(S) (19) 136 None SKP (1) 1
KRPP(1)
Kerala 140 CPI(M) None 21 IUML (15) CPI(M) (61) 5 1
CPI (17)
KEC (2) KC(M) (5)
NCP (2)
JD(S) (2)
DCK (1) RJD (1)
KC(B) (1)
RMPI (1) Cong(S) (1)
INL (1)
KC(J) (1) NSC (1)
JKC (1)
Madhya Pradesh 230 BJP 163 None 66 None BAP(1)
Maharashtra 288 SHS 103 NCP (41) 43 SS(UBT) (17) AIMIM (2) 5
SHS (39)
BVA(3)
PHJSP (2) NCP-SP (12)
RSPS (1)
JSS (1) SP (2)
MNS (1) CPI(M) (1)
IND(14) PWPI (1)
Manipur 60 BJP 37 NPP (7) 5 JD(U) (1) KPA (2) 1
NPF (5)
IND (2)
Meghalaya 60 NPEP 2 NPP(28) 5 AITC (5) VPP (4)
UDP (12)
HSPDP (2)
IND (2)
Mizoram 40 ZPM 2 None 1 None ZPM (27)
MNF (10)
Nagaland 60 NDPP 12 NDPP (25) None NPF (2)
NCP (7)
NPP (5)
LJP(RV) (2)
RPI(A) (2)
IND(5)
Odisha 147 BJD 22 None 8 CPI(M) (1) BJD (111) 4 1
Punjab 117 AAP 2 None 18 AAP (92) SAD (3) 1
BSP (1)
Rajasthan 200 BJP 115 RLD (1) 69 None BAP (3) 1
BSP (2)
IND (8) RLP (1)
Sikkim 32 SKM 12 SKM(19) None SDF (1)
Tamil Nadu 234 DMK 4 PMK(5) 18 DMK (132) AIADMK(62) 1
VCK(4)
IND(4) CPI(M) (2)
CPI (2)
Telangana 119 INC 8 None 64 CPI (1) BRS (38) 1
AIMIM (7)
Tripura 60 BJP 32 IPFT (1) 3 CPI(M) (10) TMP (13) 1
Uttar Pradesh 403 BJP 252 AD(S) (13) 2 SP (108) JSD(L) (2) 4
RLD (9)
SBSP (6) BSP (1)
NISHAD (6)
Uttarakhand 70 BJP 47 IND (2) 19 None BSP(1) 1
West Bengal 294 AITC 68 None 0 AITC(221) BGPM (1) 1 2
ISF(1)
Delhi 70 AAP 8 None 0 AAP(62) None
Puducherry 33 AINRC 9 AINRC (10) 2 DMK (6) None
IND (6)
Jammu and Kashmir 90 President's Rule 90
Total 4126 1482 419 666 831 577 32 1 119

MLAs by party affiliation

Party MLAs
1 Bharatiya Janata Party 1482
2 Indian National Congress 666
3 All India Trinamool Congress 227
4 Aam Aadmi Party 160
5 YSR Congress Party 145
6 Dravida Munnetra Kazhagam 138
7 Biju Janata Dal 111
Samajwadi Party 111
9 Independent 94
10 Communist Party of India (Marxist) 78
Rashtriya Janata Dal 78
12 All India Anna Dravida Munnetra Kazhagam 62
13 Nationalist Congress Party 49
14 Janata Dal (United) 46
15 National People's Party 44
16 Shiv Sena 39
17 Bharat Rashtra Samithi 38
18 Jharkhand Mukti Morcha 29
19 Zoram People's Movement 27
20 Nationalist Democratic Progressive Party 25
21 Communist Party of India 22
22 Janata Dal (Secular) 21
23 Sikkim Krantikari Morcha 19
24 Shiv Sena 17
Telugu Desam Party- 17
26 All India United Democratic Front 15
Indian Union Muslim League 15
28 Nationalist Congress Party 14
29 Apna Dal (Sonelal) 13
Tipra Motha Party 13
31 Communist Party of India (Marxist–Leninist) Liberation 12
United Democratic Party 12
33 All India Majlis-e-Ittehadul Muslimeen 10
All India N.R. Congress 10
Jannayak Janta Party 10
Mizo National Front 10
Rashtriya Lok Dal 10
38 Asom Gana Parishad 8
39 Naga People's Front 7
United People's Party Liberal 7
41 NISHAD Party 6
Suheldev Bharatiya Samaj Party 6
43 Bahujan Samaj Party 5
Kerala Congress (M) 5
Pattali Makkal Katchi 5
46 Bharat Adivasi Party 4
Hindustani Awam Morcha 4
Viduthalai Chiruthaigal Katchi 4
Voice of the People Party 4
50 All Jharkhand Students Union 3
Bahujan Vikas Aaghadi 3
Bodoland People's Front 3
Shiromani Akali Dal 3
54 Hill State People's Democratic Party 2
Jansatta Dal (Loktantrik) 2
Kerala Congress 2
Kuki People's Alliance 2
Lok Janshakti Party (Ram Vilas) 2
Maharashtrawadi Gomantak Party 2
Prahar Janshakti Party 2
Republican Party of India (Athawale) 2
62 Bharatiya Gorkha Prajatantrik Morcha 1
Congress (Secular) 1
Democratic Congress Kerala 1
Goa Forward Party 1
Gondwana Ganatantra Party 1
Haryana Lokhit Party 1
Indian National League 1
Indian National Lok Dal 1
Indian Secular Front 1
Indigenous People's Front of Tripura 1
Janadhipathya Kerala Congress 1
Jan Surajya Shakti 1
Kalyana Rajya Pragathi Paksha 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
Rashtriya Loktantrik Party 1
Revolutionary Goans Party 1
Revolutionary Marxist Party of India 1
Sarvodaya Karnataka Paksha 1
Sikkim Democratic Front 1
Nominated 1
Vacant 119
Total 4127

See also

References

  1. ^ "Salaries, allowances and facilities to Members" (PDF). Lok Sabha website. Archived from the original (PDF) on 23 August 2016. Retrieved 15 August 2016.
  2. ^ a b Roy, Chakshu (24 February 2021). "Explained: The trust vote in Puducherry". The Indian Express. Retrieved 26 June 2022.
  3. ^ "Indian Government Structure at State Level". KKHSOU.
  4. ^ "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.
  5. ^ "Anglo Indian Members of Parliament (MPs) of India - Powers, Salary, Eligibility, Term". www.elections.in.
  6. ^ "What is the Jammu and Kashmir Reorganisation Bill, 2019?". Jagranjosh.com. 14 March 2020. Retrieved 12 December 2023.
  7. ^ "Parliament passes J-K reservation and reorganisation amendment bills: Know all about them". www.indiatvnews.com. 11 December 2023. Retrieved 12 December 2023.
  8. ^ "Election Commission of India: FAQs - Contesting for Elections". Archived from the original on 5 October 2010. Retrieved 18 February 2010.
  9. ^ "Postponement of elections in Kerala frustrates many politicians in the opposition". India Today. 11 April 2015. Retrieved 23 April 2021.
  10. ^ MLA Post Tenure