What is composition of Legislative Assembly?
Q. Which of the following is true regarding strength and elections of Legislative Assembly?
1) In Nagaland, the minimum number of members in assembly is 46.
2) Maximum strength of assembly can be 550.
3) Some members of Legislative Assembly in Sikkim are elected indirectly.- Published on 07 Mar 17a. 1, 2
b. 1, 2
c. 2, 3
d. All of the above
ANSWER: 1, 2
Strength of legislative Assembly -
- The Legislative Assembly consists of representatives directly elected by the people on the basis of universal adult franchise.
- Its maximum strength is fixed at 500 and minimum strength at 60.
- It means that its strength varies from 60 to 500 depending on the population size of the state.
- But in case of Arunachal Pradesh, Sikkim and Goa, the minimum number is fixed at 30.
- In case of Mizoram and Nagaland, it is 40 and 46, respectively.
- Also, some members of the Legislative Assemblies in Sikkim and Nagaland are also elected indirectly.
Nominated Member -
- The governor can nominate one member from the Anglo-Indian community, if the community is not adequately represented in the assembly.
- Originally, this provision was to operate for ten years (i.e., up to 1960).
- But this duration has been extended continuously since then by 10 years each time.
- Now, under the 95th Amendment Act of 2009, this is to last until 2020.
Territorial Constituencies -
- For the purpose of holding direct elections to the assembly, each state is divided into territorial constituencies.
- The demarcation of these constituencies is done in such a manner that the ratio between the population of each constituency and the number of seats allotted to it is the same throughout the state.
- Constitution ensures that there is uniformity of representation between different constituencies in the state.
Readjustment after each census - After each census, a readjustment is to be made in the -
(a) total number of seats in the assembly of each state; and
(b) the division of each state into territorial constituencies.
- The Parliament is empowered to determine the authority and the manner in which it is to be made.
- The 42nd Amendment Act of 1976 had frozen total number of seats in the assembly of each state and the division of such state into territorial constituencies till the year 2000 at the 1971 level.
- This ban on re-adjustment has been extended for another 25 years (i.e., up to year 2026) by the 84th Amendment Act of 2001 with the objective of encouraging population limiting measures.
- The 84th Amendment Act of 2001 also empowered the government to undertake re-adjustment and rationalization of territorial constituencies in a state on the basis of the population figures of 1991 census. Later, the 87th Amendment Act of 2003 provided for the delimitation of constituencies on the basis of 2001 census.
- However, this can be done without altering the total number of seats in the assembly of each state.
- Reservation of seats for SCs and STs - The Constitution provided for the reservation of seats for scheduled castes and scheduled tribes in the assembly of each state on the basis of population ratios.
- Originally, this reservation was to operate for ten years (i.e., up to 1960).
- Now, under the 79th Amendment Act of 2009, this reservation is to last until 2020.
