State Legislative Assembly

To understand what a State Legislative Assembly is, we must first know the difference between a bicameral and a unicameral legislature. A bicameral system has two houses or chambers of the legislature, whereas a unicameral system has only one house of the legislature. The Indian Parliament is a bicameral type of legislature. 

 The State Legislative Assembly is the lower house or the popular house of a bicameral state Legislature. It is also known as the Vidhan Sabha. The upper house is called the State Legislative Council or Vidhan Parishad. In the case of a unicameral State Legislature, there is only one house, namely the State Legislative Assembly.

Nominated Members in State Legislative Assembly

According to the Indian Constitution, a State Legislative Assembly should comprise not less than 60 members and not more than 500 members. However, exceptions have been made for states like Goa, Mizoram, Sikkim and Union Territories like Puducherry (based on their low population density). These places can have less than 60 nominated members in their Legislative Assembly. 

The nominated members in State Legislative Assembly are popularly known as MLAs. It is an acronym for Members of the Legislative Assembly.

Eligibility to Become Nominated Members in State Legislative Assembly

The universal adult franchise elects the members. The right to vote is granted to all adult citizens (above 18 years) without discrimination based on caste, class, or religion.

 To be eligible to become nominated members of the State Legislative Assembly, the following criteria should be met:

• The person should be a citizen of India

• The person should be at least 25 years of age

• The individual’s name should feature on the voter’s list of any state constituency

• The person should not hold any office of profit under the Government of India

• The person should not be convicted or found guilty of any offence by the court at the time of contesting the elections

• The person should be of a sound mind

Representation or Reservation in State Legislative Assembly

• Article 332 of the Indian Constitution has provisions for reserving seats for the Scheduled Castes and Scheduled Tribes in State Legislative Assemblies

• The Governor of the State reserves the right to nominate one member of the Anglo-Indian community in case of under-representation

Term of State Legislative Assembly

Normally, the tenure of the State Legislative Assembly is five years. However, in exceptional circumstances, the term may be altered:

• Under Article 356, owing to a constitutional emergency, the President may dissolve the term before its completion

• Under Article 352, in case of a national emergency, the term may be extended (not exceeding one year at a time) by the Parliament

• The Governor may dissolve it on the advice of the Chief Minister on having majority support

Powers of State Legislative Assembly

The State Legislative Assembly owns a powerful position in running the state machinery. 

Legislative powers

• The Legislative Assembly has more law-making power than the Legislative Council

• Most of the bills have to pass through the Legislative Assembly first before going ahead

Executive powers

• The Legislative Assembly has a position of authority over the Council of Ministers

• It has the right to question its members

• It can reject any state government policy, leading to a no-confidence motion

Financial powers

• The State Legislative Assembly holds supreme power regarding state Money Bills

• The Legislative Assembly controls the annual budget of the state

• The finances of the state are sanctioned and managed by the Legislative Assembly

Amendment powers

• The Parliament can do some constitutional amendments only in agreement with the State Legislative Assemblies

• For instance, the decision to alter the boundaries of a state may be taken after seeking the opinion of the concerned State Legislative Assembly

Electoral powers

• The State Legislative Assembly elects One-third of the members of the Legislative Council

• The Assembly elects its own Speaker and Deputy Speaker

• The Assembly has a role to play in the election of the President

Speaker of State Legislative Assembly

The Speaker of the State Legislative Assembly is the principal spokesperson who regulates the proceedings of the Assembly sessions. Under Article 178 of the Indian Constitution, every State Legislative Assembly must choose one of its members as the Speaker and another as the Deputy Speaker.

How is the Speaker Elected?

• The Speaker of the State Legislative Assembly is elected by the members of the ruling party of the Assembly

• A Deputy Speaker is also elected to manage the proceedings in the absence of the Speaker

Functions of the Speaker of State Legislative Assembly

• The Speaker is the voice of the State Legislative Assembly

• They are the point of communication between the Governor or authorities and the House of Assembly

• They are responsible for maintaining decorum and discipline during legislative sessions

• The Speaker regulates the order of proceedings of the House. For instance, they decide when to let a member speak and for what duration

• The Speaker reserves the right to judge the appropriateness of a question based on the guidelines laid down

• The Speaker decides the admissibility of bills and petitions to be presented

• In case of a tie in the votes regarding any bill, the Speaker has the power of a casting vote to give a final decision

Conclusion

The State Legislative Assembly is known as the popular house of the State Legislature. It is not only because of its greater numerical strength; it is also representative of people. They enjoy more powers, and their decisions have more weightage compared to the Legislative Council.The nominated members in State Legislative Assembly are the direct representation of the people of the states. The State Legislative Assembly is the highest law-making organ of the state. It plays a significant role in the proper functioning of the democracy of the nation.