State Legislative Assembly

State Legislative Assembly. It is the sole legislative body for states with a unicameral legislature and the lower house in states with a bicameral legislature, such as Maharashtra, Uttar Pradesh, and Karnataka. Members are directly elected from single-member constituencies, and the assembly is responsible for forming the state government by giving rise to the Council of Ministers headed by the Chief Minister. Its primary functions include enacting laws on subjects in the State List and Concurrent List of the Constitution of India, controlling state finances, and overseeing the executive.

Composition and structure

The composition of each assembly is determined by the Delimitation Commission of India, which defines territorial constituencies based on population. The total number of members cannot exceed 500 nor be fewer than 60, as per the Constitution of India, with exceptions for smaller states like Goa, Sikkim, and Mizoram. The house is presided over by a Speaker, who is elected from among the members, and a Deputy Speaker; both maintain order and conduct proceedings. Certain constituencies are reserved for members of Scheduled Castes and Scheduled Tribes, as mandated by the Representation of the People Act, 1950. The seating arrangement typically follows the Westminster model, with the treasury benches occupied by the ruling party or coalition and the opposition parties sitting across.

Powers and functions

The assembly holds paramount law-making power on subjects enumerated in the State List, such as public order, police, public health, agriculture, and local government, and shares power on the Concurrent List with the Parliament of India. It exercises control over state finances through the enactment of the Annual Budget and Money Bills, which can only originate in the assembly. The body holds the Council of Ministers collectively responsible, enabling it to bring down the government through a motion of no confidence. It also participates in the election of the President of India and members of the Rajya Sabha, and has the power to create or abolish the state Legislative Council through a special resolution.

Election and term

Members, known as MLAs, are elected through direct adult suffrage in a first-past-the-post system for a term of five years, unless dissolved earlier by the Governor on the advice of the Chief Minister. Elections are conducted by the Election Commission of India in accordance with the Representation of the People Act, 1951. The term can be extended by Parliament during a National Emergency, as occurred during the Emergency of 1975–77. Vacancies arising from death, resignation, or disqualification are filled through by-elections, which are also overseen by the Election Commission of India.

Relationship with other government bodies

In a bicameral system, the assembly is the dominant house, with the Legislative Council having limited delaying powers, especially over Money Bills. The assembly is answerable to the Governor, who summons, prorogues, and can dissolve it, and must give assent to bills for them to become law. It interacts with the High Court of the state, as judges address the house at the commencement of the first session each year, and its laws are subject to judicial review. At the national level, it operates within the federal framework defined by the Constitution of India, with its laws subordinate to those made by the Parliament of India on Union List subjects.

History and evolution

The institution has its origins in the Government of India Act 1935, which established provincial legislatures, and was retained and reconstituted by the Constitution of India in 1950. The States Reorganisation Act, 1956 significantly altered the composition and boundaries of many assemblies following the linguistic reorganisation of states. Over the decades, landmark assemblies, such as those in Tamil Nadu, West Bengal, and Kerala, have been sites of major political shifts, including the Dravidian ascendancy and the rise of Left Front rule. The 52nd and 91st Constitutional Amendment Acts have been pivotal in addressing political instability caused by defections, shaping the conduct of members and parties within the house.

Category:State legislatures of India Category:Government of India Category:Legislatures