Malcolm Rivera
The Legislative Assembly, also known as the Vidhan Sabha or Saasana Sabha, is a legislative body in each of the states and certain union territories of India. Members of the Legislative Assembly (MLAs) are elected by the voters of an electoral district (constituency) to the legislature of the State government. The State Legislature has both electoral and constitutional functions, including the power to elect the President of India and to amend parts of the Constitution.
| Characteristics | Values |
|---|---|
| Number of members | Between 60 and 500 |
| Term length | 5 years |
| Type of legislature | Unicameral or bicameral |
| Composition | Governor and Legislative Assembly (Vidhan Sabha) or Governor, Legislative Council (Vidhan Parishad) and Legislative Assembly |
| Minimum age of members | 25 years |
| Eligibility criteria | Must be a voter from any constituency of the state, must not have been convicted of any offence and sentenced to imprisonment of 2 years or more, must be of sound mind |
| Powers | Legislative, electoral, and constitutional; can introduce a motion of no confidence against the government, can introduce money bills, can amend the Constitution with the approval of half of the state legislatures |
| Number of MLAs per MP | Between 7 and 9 |
| Number of states with unicameral legislatures | 22 |
| Number of states with bicameral legislatures | 6 |
| Number of union territories with unicameral legislatures | 3 |
| Number of union territories without a legislative assembly | 5 |
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What You'll Learn
Legislative Assembly composition and member requirements
The 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.
The composition of the Legislative Assembly varies across the states and union territories. In 22 states and 8 union territories, there is a unicameral legislature, which is the sole legislative body. In 6 states, the legislative assembly is the lower house of their bicameral legislature, with the upper house being the State Legislative Council. 5 union territories are governed directly by the Union Government of India and do not have a legislative body.
The Constitution of India states that a State Legislative Assembly must have no fewer than 60 and no more than 500 members. However, exceptions may be granted via an Act of Parliament, as is the case in the states of Goa, Sikkim, Mizoram, and Arunachal Pradesh. The Legislative Assembly of each state shall consist of members chosen by direct election from territorial constituencies in the state. Each constituency elects one representative, known as a Member of the Legislative Assembly (MLA), to serve 5-year terms.
To be eligible to become an MLA, an individual must be a voter from any constituency of the state and be at least 25 years old. They should not have been convicted of any offence with a sentence of imprisonment of 2 years or more and should not have any criminal procedures against them. They must also be of sound mind.
The Legislative Assembly holds significant powers in the state legislature. It is the only body that can introduce a motion of no confidence against the government in the state. If such a motion is passed by a majority vote, the Chief Minister and their Council of Ministers must collectively resign. The Legislative Assembly also has the authority to create or abolish the State Legislative Council by passing a resolution with a majority of at least two-thirds of the members present and voting. In matters related to ordinary bills, the will of the Legislative Assembly prevails. It plays a crucial role in the process of amending the Constitution.
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Legislative Council member requirements
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. In 22 states and 8 union territories, there is a unicameral legislature, which acts as the sole legislative body. In 6 states, the legislative assembly is the lower house of their bicameral legislature, with the upper house being the State Legislative Council.
To become a member of the Legislative Council, an individual must be at least 30 years old, as per Article 173 of the Indian Constitution. They must be a voter from any constituency of the state and be a citizen of India. They should not have been convicted of any offence and sentenced to imprisonment of 2 years or more, and there should be no criminal procedures against them.
The Legislative Council cannot have more than one-third of the membership of the State Legislative Assembly. However, it must consist of at least 40 members. These members elect the chairman and Deputy Chairman of the State Legislative Council. One-third of the members are elected by the members of local bodies such as municipalities, Gram panchayats, Panchayat samitis, and district councils. Another third are elected by the members of the Legislative Assembly of the State, from among the individuals who are not members of the State Legislative Assembly. The final one-sixth are nominated by the Governor from among people with knowledge or practical experience in fields like literature, science, arts, the cooperative movement, and social services.
The tenure of the members of the Legislative Council is six years. One-third of the members retire every two years. This arrangement is similar to that of the Rajya Sabha, the upper house of the Parliament of India. The Legislative Assembly of the state has the power to create or abolish the State Legislative Council by passing a resolution with a majority of no less than two-thirds of the members present and voting.
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Vidhan Parishad and Vidhan Sabha
The Indian Constitution establishes a federal structure, with a union government at the centre and state governments for each state. The state governments are responsible for a range of functions, including law and order, public health, and education.
The state legislature is a key component of the state government and is responsible for making laws and performing various legislative functions. The state legislature consists of two houses: the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad).
The Legislative Assembly, or Vidhan Sabha, is the lower house of the state legislature. It is the more powerful of the two houses and is directly elected by the people. Each member of the Legislative Assembly (MLA) is elected to serve a five-year term by single-member constituencies. The Legislative Assembly must have between 60 and 500 members, though exceptions may be granted by an Act of Parliament. The Legislative Assembly holds equal power with the upper house in most areas, but it has ultimate authority over the dissolution of the state government and the passing of money bills.
The Legislative Council, or Vidhan Parishad, is the upper house of the state legislature. Its members are chosen by municipalities, panchayats, and other state entities. The Legislative Council has one-third of the members of the Legislative Assembly and should have at least 40 members. The tenure of members of the Legislative Council is six years, with one-third of members retiring every two years.
As of 2022, six states have a Legislative Council following the bicameral state legislature: Uttar Pradesh, Andhra Pradesh, Bihar, Telangana, Karnataka, and Maharashtra. The other states have a unicameral legislature, with only the Legislative Assembly serving as the sole legislative body.
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Legislative Assembly and Legislative Council powers
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. In 22 states and 8 union territories, there is a unicameral legislature which is the sole legislative body. In 6 states, the legislative assembly is the lower house of their bicameral legislature with the upper house being the State Legislative Council.
The Legislative Assembly is the popularly elected chamber and is the real centre of power in a state. Each member of the Legislative Assembly (MLA) is directly elected to serve 5-year terms by single-member constituencies. From each constituency, the people elect one representative who then becomes an MLA. Each state has between seven and nine MLAs for every Member of Parliament (MP) it has in the Lok Sabha.
The Legislative Assembly holds equal legislative power with the State Legislative Council, except in the area of dissolution of state government and passing money bills, where the State Legislative Assembly has ultimate authority. The State Legislative Assembly can create laws on any subject in the State List and the Concurrent List, provided the law does not contradict or conflict with any law made by the Parliament. The Assembly also has the power to create or abolish the State Legislative Council by passing a resolution with a majority of no less than two-thirds of the members present and voting.
The State Legislative Council can delay the legislation of ordinary bills by a maximum of 4 months (3 months in the first visit and 1 month in the second visit of the bill). In the case of money bills, the State Legislative Council can only delay the passing of the bill by 14 days. 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 their Council of Ministers must collectively resign.
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State legislature functions
The State Legislative Assembly, also known as the Vidhan Sabha or the Saasana Sabha, is a legislative body in each of the 28 states and 8 union territories of India. The Legislative Assembly is the lower house of a bicameral legislature, with the upper house being the State Legislative Council.
The State Legislature has legislative, electoral, and constitutional functions. It makes laws at the state level, and also has the power to amend parts of the Constitution with the approval of half of the state legislatures. The State Legislature also elects the President of India, along with the elected members of Parliament.
A member of the Legislative Assembly (MLA) is a representative elected by the voters of an electoral district (constituency) to the legislature of the State government. Each state has between seven and nine MLAs for every Member of Parliament (MP) it has in the Lok Sabha, the lower house of India's bicameral parliament. Each MLA is directly elected to serve 5-year terms by single-member constituencies.
The State Legislative Assembly holds equal legislative power with the upper house of the state legislature, the State Legislative Council, except in the area of the dissolution of state government and passing of money bills, where the State Legislative Assembly has the ultimate authority. A money bill can only be introduced in the State Legislative Assembly, and in bicameral jurisdictions, it is sent to the State Legislative Council, where it can be kept for a maximum of 14 days. In matters related to ordinary bills, the will of the State Legislative Assembly prevails, and the State Legislative Council can delay the legislation by a maximum of 4 months.
The State Legislative Assembly has the power to create or abolish the State Legislative Council by passing a resolution by a majority of not less than two-thirds of the members present and voting.
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Frequently asked questions
The 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. It is the lower house of a bicameral legislature, with the upper house being the State Legislative Council.
The Legislative Assembly is the popularly elected chamber and is the real centre of power in a state. The members of the Legislative Assembly are directly elected by the voters of an electoral district (constituency) to the legislature of the State government. The Assembly has legislative power and is involved in electing the President of India.
To be a member of the Legislative Assembly, an individual must be a voter from any constituency of the state, be at least 25 years old, and not have been convicted of any offence with a sentence of imprisonment of 2 years or more.
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