The State Legislative Assembly, also known as the Vidhan Sabha or the Saasana Sabha, is a legislative body in each of the states and certain union territories of India.
Members of the legislative assembly
A Member of the Legislative Assembly (MLA) is a representative elected to sit in a legislative assembly. The term most commonly refers to members of the legislature of a federated state or an autonomous region, but is also used for several nationa ...
are often directly elected to serve five year terms from
single-member constituencies
A single-member district or constituency is an electoral district represented by a single officeholder. It contrasts with a Multiwinner voting, multi-member district, which is represented by multiple officeholders.
In some countries, such as ...
. A legislative assembly may be
dissolved in a
state of emergency
A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, o ...
, by the
governor
A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...
on request of the
chief minister
A chief minister is an elected or appointed head of government of – in most instances – a sub-national entity, for instance an administrative subdivision or federal constituent entity. Examples include a state (and sometimes a union ter ...
of the respective state or union territory, or if a
motion of no confidence
A motion or vote of no confidence (or the inverse, a motion or vote of confidence) is a motion and corresponding vote thereon in a deliberative assembly (usually a legislative body) as to whether an officer (typically an executive) is deemed fi ...
is passed against the ruling majority party or coalition.
Definition and powers
As per the
Constitution of India
The Constitution of India is the supreme law of India, legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures ...
, where there is a
unicameral
Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature consisting of one house or assembly that legislates and votes as one. Unicameralism has become an increasingly common type of legislature, making up nearly ...
legislature, the legislative body is termed as the legislative assembly.
In
bicameral
Bicameralism is a type of legislature that is divided into two separate Deliberative assembly, assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate ...
jurisdictions, there exists a
State Legislative Council. The legislative assembly has the power to create or abolish the legislative council of the respective state or union territory by passing a resolution to that effect by a majority of not less than two-thirds of the members present and voting.
The term of a legislative assembly is fixed at five years unless it is dissolved prior to it. In certain cases such as an emergency of the state, the term can be extended by the
Indian parliament
The Parliament of India (ISO: ) is the supreme legislative body of the Government of the Republic of India. It is a bicameral legislature composed of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The President o ...
for one year at a time.
The
Governor
A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...
of the respective state shall convene the assembly periodically, with no more than six months gap between consecutive sessions.
The assembly is presided over by a speaker, who shall be a member of the assembly and elected by the members of that constituent assembly.
The state legislature has the power to enact laws concerning state subjects as defined in the constitution.
The union territories which have a legislature have certain restrictions in terms of these powers.
In a bicameral legislature, a legislative assembly holds equal legislative power with the
upper house
An upper house is one of two Legislative chamber, chambers of a bicameralism, bicameral legislature, the other chamber being the lower house. The house formally designated as the upper house is usually smaller and often has more restricted p ...
of the state legislature, the
State Legislative Council, in terms of passing of bills except in case of
money bill
In the Westminster system (and, colloquially, in the United States), a money bill or supply bill is a bill that solely concerns taxation or government spending (also known as appropriation of money), as opposed to changes in public law.
Con ...
s. A normal bill can originate in any of the house, and is deemed to be passed only if it is cleared by both houses.
If a bill is passed by the legislative assembly, it should not be held for more than three months by the council. If the bill is sent back by the council, and is again passed by the assembly, the council is expected to act on it within one month.
If the time elapses or if it is sent back, the bill is deemed to have been passed with or without any amendments if any are made by the legislative assembly.
In case of money bills, it shall be introduced only in the assembly, and the assembly can accept or reject the recommendations if any that are communicated from the council.
A
motion of no confidence
A motion or vote of no confidence (or the inverse, a motion or vote of confidence) is a motion and corresponding vote thereon in a deliberative assembly (usually a legislative body) as to whether an officer (typically an executive) is deemed fi ...
against the government in the state can only be introduced in the state legislative assembly. If it is passed by a majority vote, then the
chief minister
A chief minister is an elected or appointed head of government of – in most instances – a sub-national entity, for instance an administrative subdivision or federal constituent entity. Examples include a state (and sometimes a union ter ...
and her/his
council of ministers
Council of Ministers is a traditional name given to the supreme Executive (government), executive organ in some governments. It is usually equivalent to the term Cabinet (government), cabinet. The term Council of State is a similar name that also m ...
must
collectively resign.
Members
The
Constitution of India
The Constitution of India is the supreme law of India, legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures ...
states that a legislative assembly must have no less than 60 members and a maximum of 500 members.
However an exception may be granted via an
act of the
Indian parliament
The Parliament of India (ISO: ) is the supreme legislative body of the Government of the Republic of India. It is a bicameral legislature composed of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The President o ...
and is the case in the states of
Goa
Goa (; ; ) is a state on the southwestern coast of India within the Konkan region, geographically separated from the Deccan highlands by the Western Ghats. It is bound by the Indian states of Maharashtra to the north, and Karnataka to the ...
,
Sikkim
Sikkim ( ; ) is a States and union territories of India, state in northeastern India. It borders the Tibet Autonomous Region of China in the north and northeast, Bhutan in the east, Koshi Province of Nepal in the west, and West Bengal in the ...
,
Mizoram
Mizoram is a states and union territories of India, state in northeastern India, with Aizawl as its Capital city, capital and largest city. It shares 722-kilometres (449 miles) of international borders with Bangladesh to the west, and Myanmar t ...
and the union territory of
Puducherry which have fewer than 60 members.
A
Member of the Legislative Assembly
A Member of the Legislative Assembly (MLA) is a representative elected to sit in a legislative assembly. The term most commonly refers to members of the legislature of a federated state or an autonomous region, but is also used for several nation ...
(MLA) is directly elected from
single-member constituencies
A single-member district or constituency is an electoral district represented by a single officeholder. It contrasts with a Multiwinner voting, multi-member district, which is represented by multiple officeholders.
In some countries, such as ...
, which are divided roughly equally based on the population of the region. The number of seats may be revised following a census by an act of the parliament.
A few assemblies have nominated members such as the case of
Jammu and Kashmir and Puducherry. To become a
Member of Legislative Assembly
A Member of the Legislative Assembly (MLA) is a representative elected to sit in a legislative assembly. The term most commonly refers to members of the legislature of a federated state or an autonomous region, but is also used for several national ...
, a person must be of minimum 25 years of age and be a citizen of India. He/she might not hold any other government office, and should declare the information required by the election commission including any
criminal procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail ...
s against him or her.
After the election of a member, he/she is expected to take an oath of affirmation.
The members are paid salaries and allowances as fixed by the respective assemblies.
A member of the assembly may resign on his/her own accord. A member can also be disqualified if found to hold another office of profit in the government, is of no sound mind, has been declared insolvent, or ineligible by a court of law.
Members of the assembly are exempt from any legal cases arising out of what has been said in the assembly.
Legislative assemblies
In
22 states and three
union territories, there is a
unicameral legislature
Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature consisting of one house or assembly that legislates and votes as one. Unicameralism has become an increasingly common type of legislature, making up nearly ...
which is the sole legislative body.
In six states, the legislative assembly is the
lower house
A lower house is the lower chamber of a bicameral legislature, where the other chamber is the upper house. Although styled as "below" the upper house, in many legislatures worldwide, the lower house has come to wield more power or otherwise e ...
of their
bicameral legislature
Bicameralism is a type of legislature that is divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single ...
with the
upper house
An upper house is one of two Legislative chamber, chambers of a bicameralism, bicameral legislature, the other chamber being the lower house. The house formally designated as the upper house is usually smaller and often has more restricted p ...
being the
State Legislative Council.
Five union territories are governed directly by the
union government and have no legislative body.
By ruling party
The
Bharatiya Janata Party
The Bharatiya Janata Party (BJP; , ) is a political party in India and one of the two major List of political parties in India, Indian political parties alongside the Indian National Congress. BJP emerged out from Syama Prasad Mukherjee's ...
-led
National Democratic Alliance
The National Democratic Alliance (NDA; ISO 15919, ISO: ''Rāṣṭrīya Lokatāntrik Gaṭhabandhan'') is an Indian big tent Political group, multi-party political alliance, led by the country's biggest political party, the Bharatiya Janata Pa ...
is in power in 20 legislative assemblies; the
Indian National Developmental Inclusive Alliance
The Indian National Developmental Inclusive Alliance (INDIA) is a big tent Political group, multi-party political alliance of several List of political parties in India, political parties in India led by the country's largest opposition party ...
is in power in nine legislative assemblies; One legislative assembly is ruled by other party and one legislative assembly is under the
President's rule.
Defunct assemblies
See also
*
Central Legislative Assembly
The Central Legislative Assembly was the lower house of the Indian Legislature, the legislature of British India. It was created by the Government of India Act 1919, implementing the Montagu–Chelmsford Reforms. It was also sometimes calle ...
*
Lok Sabha
The Lok Sabha, also known as the House of the People, is the lower house of Parliament of India which is Bicameralism, bicameral, where the upper house is Rajya Sabha. Member of Parliament, Lok Sabha, Members of the Lok Sabha are elected by a ...
*
Rajya Sabha
Rajya Sabha (Council of States) is the upper house of the Parliament of India and functions as the institutional representation of India’s federal units — the states and union territories.https://rajyasabha.nic.in/ It is a key component o ...
*
State governments of India
The state governments of India are the governments ruling over the 28 states and three union territories (there are eight union territories but only three union territories have legislative assemblies as well as governments) of India with th ...
*
State Legislature
A state legislature is a Legislature, legislative branch or body of a State (country subdivision), political subdivision in a Federalism, federal system.
Two federations literally use the term "state legislature":
* The legislative branches of ...
*
List of Indian state legislative assembly elections
References
External links
Legislative Bodies in Indiawebsite
{{DEFAULTSORT:State Legislative Assembly
*