Members of Legislative Assembly: Eligibility and Disqualification
Legislative assembly is the popular house of the State legislature resembling in features with India’s Lok Sabha. It is made up the members directly elected by the people of the state. As per article 128, the Legislative assembly of each state cannot have number of members more than 500 and less than 60. However, there are three exceptions to this viz. Sikkim (32), Goa (40) and Mizoram (40). For election purpose, the state is divided into the number of constituencies as per the seats for the assembly. The term of the assembly is 5 years but it can be dissolved prior to 5 years by Governor. During a National Emergency, the parliament by law can extend the term of a state assembly by 1 year.
Eligibility to become a MLA
- The person should be Citizen of India
- Should be more than 25 years of age
- Other qualifications as prescribed by the parliament by law.
Disqualification of MLA
A person is disqualified on the following grounds:
- If he/ she holds any office of the profit under the central or state Government
- If he/ she is of unsound mind
- If he / she is an undischarged insolvent
- If he / she has voluntarily acquired the citizenship of a Foreign country
- If he/ she is disqualified under any other law of the parliament such as anti-defection law.
Who decides that a person is disqualified?
The question, whether a person has been subject to any of the above disqualification will be referred to the Governor who decides in consultation with the election commissioner of the state. The decision of the Governor is final. The Governor of the state nominates one member of the Anglo Indian Community to the state assembly as per provisions of article 333, if he / she is of the opinion that the community is not well represented in the state assembly.
Presiding Officer of Legislative Assembly
Presiding officer of the state legislative assembly is also known as Speaker who is elected by the members of the assembly. The members of the assembly also elect deputy speaker.
