Every Indian state has a Legislative Assembly or Vidhan Sabha run by Members of the Legislative Assembly (MLAs). An MLA is a direct representative of the people, elected by the voters of a constituency. This article will cover the eligibility criteria for MLAs, their powers and grounds for removal.
Know the eligibility criteria, grounds for removal and more
Overview: Understand the federal structure of the Indian government
The Indian government has a three-tier federal structure. According to our country’s constitution, the Union or Central Government is the highest executive body, constituting the first level. It delegates some of its powers to the State governments which constitute the second tier in the federal structure. The state is given a monopoly of power under the control of the ruling party. Finally, the third and final level consists of Panchayats and municipalities responsible for local level governance.
Every State of India has Legislative Assemblies run by MLAs. Each state comprises seven to nine MLAs for each Member of Parliament (MP) it has in the Lok Sabha. According to the Indian Constitution, the number of MLAs should not be more than 500 and less than 60. Now, before delving deeper into the power of an MLA, let’s start by knowing the eligibility criteria to become an MLA .
Members of the Legislative Council: Eligibility Criteria
The general eligibility criteria to become an MLA include;
- Candidates must be Indian citizens.
- They must meet the age limit of 25 years.
- They must have a clear mind.
- According to the Representation of the People Act, 1951, they must be electors for any Legislative Assembly constituency in that state.
- They shall not hold any profitable post under the Government of India or the Government of any state other than the Chief Minister of the Union of India.
Members of the Legislative Council: Powers
- Legislative power: According to the Constitution of India, the members of the Legislative Assembly have the right to exercise their legislative power in respect of all matters for which the Parliament cannot legislate. For example, they can exercise their power over State lists that include important subjects of an individual country such as trade, commerce, development, agriculture, etc. On the other hand, they also can exercise its authority over the list while also covering important topics. topics of both Federal Government and State Governments like marriage, education, adoption, forests etc.
- Executive Power: The ruling party is responsible to the Legislative Assembly for every decision taken, therefore, the MLA has the power to monitor the activities and actions of the government.
- Voting Rights: MLAs hold certain voting rights such as; they elect the members of the Rajya Sabha, they comprise the Electoral College which elects the President of India, they can also elect the Chairman and Vice Chairman of the Legislative Council.
Members of the Legislative Council: Grounds for disqualification
Members of the legislative assembly may be removed from their positions in the following circumstances;
- They were declared mentally unstable by the court
- They are unable to pay.
- They are no longer Indian citizens and have voluntarily acquired citizenship of another state.
- They are disqualified by or under any law made by Parliament.
- They were convicted of election-related crimes.
- They have been convicted of bribery or racial discrimination.
- They must have been accused of committing social crimes like untouchability and dowry.
- They certainly don’t show any interest in government contracts.
Also read: What are the eligibility criteria for an MP?- Know about their responsibilities and reasons for disqualification
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Source: pagasa.edu.vn