Assam Legislative Assembly

The Assam Legislative Assembly is the lower house of the state legislature of Assam and the main law-making body of the state government.

Assam has a unicameral legislature, meaning there is only one legislative house (no Legislative Council or Vidhan Parishad).

The Assembly performs three main functions:

• • Making laws

  • Controlling state finances

  • Holding the executive (government) accountable

The Assembly functions according to the Constitution of India, particularly Articles 168–212, which deal with state legislatures.

The Assembly meets in the Assam Legislative Assembly Building, located in Dispur.

Composition, Duration and Sessions

Composition of the Assembly

The Assam Legislative Assembly consists of elected representatives known as Members of the Legislative Assembly (MLAs).

Key Features

• • Total strength: 126 members

  • Members are directly elected by citizens.

  • Elections are conducted by the Election Commission of India.

  • Each MLA represents a territorial constituency.

Electoral System

• • Elections follow the first-past-the-post system.

  • Each constituency elects one MLA.

Reservation of Seats

To ensure representation of disadvantaged groups, some seats are reserved for:

• • Scheduled Tribes (ST) — 19 seats

  • Scheduled Castes (SC) — 9 seats

Duration (Term) of the Assembly

According to Article 172 of the Constitution:

• • The normal term of the Assembly is 5 years.

  • The term begins from the date of the first sitting after elections.

Early Dissolution

The Assembly may be dissolved earlier if:

• • The Governor dissolves it on the advice of the Chief Minister.

  • The government loses majority and cannot form a new government.

Extension During Emergency

During a national emergency, Parliament may extend the Assembly’s term by one year at a time.

Sessions of the Assembly

A session is the period during which the Assembly meets to conduct legislative business.

Sessions are summoned by the Governer on the advice of the Chief Minister.

Constitutional Rule

Under Article 174, the gap between two sessions cannot exceed six months.

Types of Sessions

1. Budget Session (February–March)

• • Longest session

  • Presentation and discussion of the state budget

  • Approval of taxation and expenditure

2. Monsoon Session (July–August)

• • Legislative discussions

  • Government policy debates

3. Winter Session (November–December)

• • Passage of important bills

  • Review of administrative issues

Special Sessions

Special sessions may be called to discuss urgent issues or emergency legislation.

Quorum

• Minimum 1/10th of total members (about 13 MLAs) must be present to conduct proceedings.

Speaker and Deputy Speaker

The Speaker and Deputy Speaker are the presiding officers of the Legislative Assembly.

They ensure that the proceedings of the Assembly run smoothly and according to parliamentary rules.

Speaker

The Speaker is the head of the Legislative Assembly and presides over its meetings.

Constitutional Provision

• • Established under Article 178 of the Constitution.

Election

• • Elected by the members of the Assembly.

  • Usually belongs to the ruling party or coalition.

Powers and Functions of the Speaker

Presiding Over Sessions

• • Conducts Assembly proceedings.

  • Maintains order and discipline in the House.

Interpretation of Rules

• • Interprets rules and procedures of the Assembly.

Casting Vote

• • In case of a tie, the Speaker gives a casting vote.

Certification of Money Bills

• • Decides whether a bill is a Money Bill.

  • The decision of the Speaker is final.

Anti-Defection Decisions

• • Decides cases of disqualification under the Tenth Schedule (Anti-Defection Law).

Administrative Head

• • Controls the Assembly Secretariat.

  • Nominates the Panel of Chairpersons.

Removal of Speaker

The Speaker can be removed by:

• • A resolution passed by majority of MLAs.

  • A 14-day notice must be given before such motion.

Deputy Speaker

The Deputy Speaker assists the Speaker and presides over the Assembly when the Speaker is absent.

Roles of Deputy Speaker

• • Presides over sessions in the absence of the Speaker.

  • Helps in administrative functioning of the Assembly.

  • Ensures orderly proceedings.

Both the Speaker and Deputy Speaker receive salary and allowances equivalent to a Cabinet Minister.

Legislative Procedure and Powers

The Assam Legislative Assembly performs several important functions related to:

• • Law-making

  • Financial control

  • Government accountability

Legislative Powers

The Assembly can make laws on subjects listed in:

• • State List

  • Concurrent List

These lists are part of the Seventh Schedule of the Constitution.

Examples of subjects include:

• • Police

  • Agriculture

  • Public health

  • Land and revenue

  • Local government

  • Education

Procedure for Passing a Bill

The process of law-making involves several stages.

1. First Reading

• • Introduction of the bill.

  • Title and objectives are presented.

2. Second Reading

• • Detailed discussion and debate.

  • Clause-by-clause examination.

  • Amendments may be proposed.

3. Committee Stage (Optional)

• • Bill may be referred to a Select Committee or Standing Committee for detailed examination.

4. Third Reading

• • Final discussion and voting.

5. Governor’s Assent

After passage, the bill is sent to the Governor.

The Governor may:

• • Give assent

  • Return the bill for reconsideration

  • Reserve it for the President.

Money Bills

Money Bills deal with taxation and government expenditure.

Important features:

• • Introduced only in the Legislative Assembly.

  • Requires Governor’s recommendation.

  • Certified as a Money Bill by the Speaker.

Ordinances

When the Assembly is not in session, the Governor may issue ordinances under Article 213.

• • Ordinances have the same force as laws.

  • They must be approved by the Assembly within six weeks of reassembly.

Financial Powers

The Assembly exercises complete control over state finances.

Major financial functions include:

• • Passing the state budget

  • Approving taxation proposals

  • Passing Appropriation Bills

  • Reviewing government expenditure

Executive Control

The Assembly holds the government accountable through various parliamentary tools.

Question Hour

Members ask ministers questions about government actions.

Zero Hour

Members raise urgent public issues.

Debates and Discussions

Policies and administrative actions are debated.

No-Confidence Motion

If passed, the Council of Ministers must resign.

Privileges and Immunities

Members of the Assembly enjoy certain privileges and immunities to ensure free functioning.

These privileges are provided under Article 194 of the Constitution.

Major Parliamentary Privileges

1. Freedom of Speech

Members can speak freely during debates without fear of legal action.

2. Immunity from Court Proceedings

Members cannot be sued for statements made or votes given in the Assembly.

3. Freedom from Arrest (Civil Cases)

Members cannot be arrested in civil cases during sessions and 40 days before or after.

4. Internal Regulation

The Assembly can regulate its own internal proceedings without court interference.

Breach of Privilege

If privileges are violated:

• • The Committee on Privileges investigates.

  • The House may suspend or expel members.