State Legislative Assemblies of India
Lower (or only) house of an Indian state or territory
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Related on Lably
Through India, Constitution of India and Unicameralism
Definition and powers
As per the Constitution of India, where there is a unicameral legislature, the legislative body is termed as the legislative assembly. In bicameral 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 for one year at a time. The Governor 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 of the state legislature, the State Legislative Council, in terms of passing of bills except in case of money bills. 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 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 and her/his council of ministers must collectively resign.
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Members
The Constitution of India 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 and is the case in the states of Goa, Sikkim, Mizoram and the union territory of Puducherry which have fewer than 60 members.
A Member of the Legislative Assembly (MLA) is directly elected from single-member constituencies, 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 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 procedures 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 28 states and three union territories, there is a unicameral legislature which is the sole legislative body. In six states, the legislative assembly is the lower house of their bicameral legislature with the upper house being the State Legislative Council. Five union territories are governed directly by the union government and have no legislative body.
By Ruling Party and Alliance
The Bharatiya Janata Party-led National Democratic Alliance is in power in 22 legislative assemblies; the Indian National Developmental Inclusive Alliance is in power in 6 legislative assemblies while three legislative assemblies are ruled by three other parties.