MLA stands for Member of the Legislative Assembly. An MLA is a representative, duly elected by voters in a specific electoral district which is referred to as a constituency. MLAs are elected to the State Legislatures who form the State Government in India. From each of the constituencies, voters elect one representative, who becomes the MLA of that constituency.
When people elect representatives to the parliament at the centre, they elect a member of the Parliament, whose constituency is larger. Each MP constituency typically has seven to nine MLA constituencies.
Only MLAs can become chief ministers or ministers of a state in India, for more than six months. If a non-MLA is appointed to become a chief minister or a minister, they need to be elected duly within six months to continue in that position.
Legislatures
MLAs are members of the Legislative Council or Legislative Assembly where there are two houses in a state. Council is said to be the upper house and the assembly is said to be the lower house of the state legislature.
The legislative assembly can have a maximum of 500 members and no fewer than 60 members. The state that has the largest number of MLAs in Uttar Pradesh. It has 404 members. This is because it has the maximum population in the country.
When the population of a state is smaller, the number of MLAs for the legislature also reduces. The number of members permitted to the legislature depends on the population of the state. All the members of the legislative assembly are elected through an adult franchise. One member is elected from each of the constituencies in the state.
Interestingly, the state Governors have the authority to nominate a member of the Anglo-Indian community to the assembly if they feel they are not adequately represented in the State. This system has been abolished since January 2020. This was done by the 104th Amendment of the Constitution.
Qualifications needed for an MLA
To become an MLA anywhere in India the following criteria must be met:
- The person aspiring must be a citizen of India.
- The person should not be less than 25 years of age for being a member of the assembly and 30 years of age for being a member of the council.
- To become an MLA in any constituency in the state, the person must be a voter from ANY constituency in that state. Importantly if a member cannot become an MP from that state, he cannot become an MLA also.
- The person must not be convicted for a crime and must not be sentenced to more than 2 years in prison.
Term of an MLA
The term of a legislative assembly is for five years or less. The Governor has the authority to dissolve an assembly on the recommendation of the chief minister of the state. The chief minister can recommend the dissolution of the assembly only when he enjoys a majority in the house. Assembly also can be dissolved if no single party or individual can prove a majority of the floor of the house. Having said that the term of an assembly is for five years, the term can be extended in situations of emergency. The term of a house can be extended for no more than six months at a time. This is for the lower house for the legislature.
The upper house of the legislature or the council has members that are elected by the members of the lower house. The members are selected based on the strength of the members of each party in the lower house. The upper houses of the legislature can be abolished by an Act of the state, approved by the parliament and the President of India.
Powers
The MLAs act as the rule makers in a State. They make and ensure the laws are appropriately followed and act in the interest of the people of their consistency and uphold the constitution of the country. The State legislatures have exclusive law-making abilities on certain subjects like agriculture, police, irrigation, prisons, local governance, public health, and burial grounds. There are also subjects like education, forests, marriage, and divorce on which both the parliament and the assembly have the law-making abilities. Money Bills also can be passed by the assemblies and the parliament.
Conclusion
MLA stands for Member of the Legislative Assembly. An MLA is a representative, duly elected by voters in a specific electoral district which is referred to as a constituency.