The Jharkhand Legislative Assembly plays a crucial role in the state's governance, balancing its constitutional mandate for democratic representation and legislative oversight with the challenges of political instability and socio-economic disparities. This dynamic interplay often impacts the effective functioning of parliamentary democracy at the sub-national level. Understanding its structure and powers is vital for comprehending state-level administration and its implications for policy outcomes, especially in a state known for its rich tribal heritage and natural resources.
Key Details of Jharkhand Legislative Assembly
| Aspect | Details |
|---|---|
| Nature | Unicameral |
| Total Elected Members | 81 |
| Anglo-Indian Nomination | Discontinued by 104th Constitutional Amendment Act, 2019 |
| Reserved for Scheduled Tribes (ST) | 28 seats (reflecting approx. 26.2% tribal population as per Census 2011) |
| Reserved for Scheduled Castes (SC) | 9 seats |
| General Seats | 44 seats |
| Normal Term | 5 years from the date of its first meeting (Article 172) |
| Minimum Age for Membership | 25 years (Article 173) |
Composition and Constitutional Framework of the Jharkhand Legislative Assembly
The Jharkhand Legislative Assembly functions as a unicameral body, serving as the state's primary legislative and deliberative forum. Its structure is defined by the Constitution of India, particularly under Articles 168 to 177, which detail its composition, duration, and member qualifications. This framework is designed to ensure representative governance, reflecting Jharkhand's diverse demographic and cultural landscape.
Key Aspects of Composition:
- Total Strength: The Assembly comprises 81 elected members. The provision for the Governor to nominate one member from the Anglo-Indian community (Article 333) was discontinued by the 104th Constitutional Amendment Act, 2019.
- Reserved Constituencies:
- Scheduled Tribes (ST): 28 seats are reserved, acknowledging Jharkhand's significant tribal population (approximately 26.2% as per Census 2011).
- Scheduled Castes (SC): 9 seats are reserved to ensure representation for this community.
- General: 44 seats are unreserved, open to candidates from all communities.
- Duration of Assembly: As per Article 172, the normal term is five years from its first meeting. It can be dissolved earlier by the Governor under specific circumstances, such as the inability to form a stable government or during a Proclamation of Emergency under Article 356.
- Qualifications for Membership (Article 173): A person must be a citizen of India, at least 25 years of age, and possess other qualifications prescribed by Parliament (e.g., Representation of the People Act, 1951).
- Disqualifications for Membership (Article 191): These include holding an office of profit, being of unsound mind, being an undischarged insolvent, or not being a citizen of India. Disqualification also applies under the Tenth Schedule (Anti-defection Law).
Powers and Functions of the Jharkhand Legislative Assembly
The Jharkhand Legislative Assembly wields extensive powers crucial for state governance, encompassing legislative, financial, executive, and electoral responsibilities. These powers ensure the state government's accountability to elected representatives and citizens. The scope of these functions is primarily defined by the Seventh Schedule of the Constitution, which outlines the division of legislative competencies between the Union and States.
Key Powers:
- Legislative Powers:
- State List: The Assembly holds exclusive authority to enact laws on subjects listed in the State List (List II), such as public order, police, public health, and agriculture.
- Concurrent List: It can legislate on subjects in the Concurrent List (List III), including education, forests, and trade unions. In case of conflict with a central law on a Concurrent List subject, the central law generally prevails, unless the state law received Presidential assent.
- Ordinance Approval: Ordinances promulgated by the Governor (Article 213) must be approved by the Assembly within six weeks of its reassembly.
- Financial Powers:
- Budget Approval: The annual financial statement (state budget) requires Assembly approval to authorize government expenditure and taxation.
- Money Bills: Money Bills (Article 198) can only be introduced and passed in the Legislative Assembly. Any Legislative Council (if present) has limited powers over such bills.
- Grants and Appropriations: The Assembly approves supplementary, additional, or excess grants.
UPSC/State PCS Relevance
- GS Paper II: Indian Polity and Constitution: Examination of the structure, functioning, conduct of business, powers & privileges, and issues stemming from the design of State Legislatures (Articles 168-212).
- GS Paper II: Federalism: Analysis of how state legislatures, like Jharkhand's, contribute to or detract from cooperative and competitive federalism, including legislative and administrative relations between the Union and States.
- GS Paper II: Governance: Evaluation of accountability mechanisms, legislative transparency, and citizen participation within state-level democratic institutions.
- Essay & Ethics: Deliberations on legislative reforms, democratic accountability, and the challenges of ensuring equitable representation and good governance in diverse states.
Prelims Practice Questions
- The total strength of the Assembly is 81 elected members, with no provision for nominated members after the 104th Constitutional Amendment Act.
- 28 seats are reserved for Scheduled Tribes, and 9 seats for Scheduled Castes.
- Money Bills can be introduced in either the Legislative Assembly or the Legislative Council (if present).
Which of the above statements is/are correct?
- It has exclusive power to make laws on subjects enumerated in the State List.
- It can legislate on subjects in the Concurrent List, but a central law generally prevails in case of conflict, unless the state law received Presidential assent.
- Ordinances promulgated by the Governor must be approved by the Assembly within six weeks of its reassembly.
Select the correct answer using the code given below:
Frequently Asked Questions
What is the total strength of the Jharkhand Legislative Assembly?
The Jharkhand Legislative Assembly comprises 81 elected members. The provision for a nominated Anglo-Indian member was discontinued by the 104th Constitutional Amendment Act, 2019.
How many seats are reserved for Scheduled Tribes (ST) and Scheduled Castes (SC) in the Jharkhand Assembly?
28 seats are reserved for Scheduled Tribes, reflecting the state's significant tribal population. Additionally, 9 seats are reserved for Scheduled Castes to ensure their representation.
What is the normal term of the Jharkhand Legislative Assembly?
As per Article 172 of the Constitution, the normal term of the Jharkhand Legislative Assembly is five years from the date appointed for its first meeting. It can be dissolved earlier under specific constitutional provisions.
What are the key legislative powers of the Jharkhand Legislative Assembly?
The Assembly has exclusive power to make laws on subjects in the State List and can legislate on Concurrent List subjects. It also approves ordinances promulgated by the Governor within six weeks of reassembly.
What are the qualifications for membership in the Jharkhand Legislative Assembly?
To be a member, a person must be a citizen of India, not less than 25 years of age, and possess other qualifications prescribed by parliamentary law, such as the Representation of the People Act, 1951.
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