Bihar witnessed a significant political moment as Nitish Kumar took oath once again as the Chief Minister, marking his record 10th term. Before the ceremony, he submitted his resignation as the term of the 17th Bihar Assembly came to an end, paving the way for the formation of the 18th Assembly and a new cabinet.
India’s state legislative system includes two types of elected representatives — MLAs (Members of Legislative Assembly) and MLCs (Members of Legislative Council). While every state has MLAs, only a few states have MLCs because only some states follow a bicameral (two-house) legislature. Understanding the difference between these two positions is important for anyone trying to understand state politics and governance.
What is an MLA? (Member of Legislative Assembly)
An MLA is a representative directly elected by the people from a specific constituency in a state. The Legislative Assembly is the lower house of a state legislature.
Key Features of an MLA
- Elected directly by voters.
- Represents a geographical constituency.
- Minimum age requirement: 25 years.
- Term: 5 years, unless the Assembly is dissolved early.
- Plays the main role in making state laws and passing the budget.
- The Chief Minister is usually an MLA.
MLAs are the most visible and politically influential representatives at the state level.
What is an MLC? (Member of Legislative Council)
An MLC is a member of the Legislative Council, which is the upper house in states with a bicameral system.
Key Features of an MLC
- Not elected directly by the general public in most cases.
- Elected through local bodies, teachers, graduates, MLAs, or nominated by the Governor.
- Minimum age requirement: 30 years.
- Term: 6 years, with one-third of members retiring every two years.
- Works as a reviewing chamber, similar to the Rajya Sabha at the national level.
- Has limited power in money bills compared to the Legislative Assembly.
MLCs add experience and stability to the law-making process but have fewer powers compared to MLAs.
Summary: MLA vs MLC
| Feature | MLA | MLC |
| How elected | Directly by voters | Indirectly or nominated |
| House | Legislative Assembly | Legislative Council |
| Minimum age | 25 years | 30 years |
| Term | 5 years | 6 years |
| Role | Main law-making body | Revising body |
| Money Bills | Full authority | Limited authority |
Is Nitish Kumar an MLA or an MLC?
Nitish Kumar is not an MLA.
He is an MLC (Member of Legislative Council) in Bihar.
Even though he is the Chief Minister, he holds his legislative seat through the upper house. Bihar is one of the states that has both an Assembly and a Council, so this is constitutionally allowed.
Why Did Nitish Kumar Not Contest the Assembly Election?
Nitish Kumar did not contest the Assembly election, and there are several reasons behind this:
1. Strategic Political Choice
By staying in the Legislative Council, he avoids the risks of contesting an Assembly seat directly. This gives him more flexibility to focus on forming alliances, government formation, and state-level strategy.
2. Constitution Allows It
A person can become Chief Minister even if they’re not an MLA at the time of taking oath.
They just need to become a member of either house of the state legislature within 6 months.
3. Long-Established Practice
Since the mid-1980s, Nitish Kumar has rarely contested Assembly elections. Instead, he has consistently chosen to remain an MLC. It has become a part of his political style and comfort zone.
4. Focus on Governance Over Constituency Politics
Being an MLC frees him from the constant pressure of constituency-level campaigning, allowing him to focus on statewide administration.
List of States That Have Both MLAs and MLCs
Only a few states in India have a bicameral legislature (two houses). These states have both:
- Vidhan Sabha (MLAs)
- Vidhan Parishad (MLCs)
States with Both MLAs and MLCs
- Bihar
- Uttar Pradesh
- Maharashtra
- Karnataka
- Telangana
- Andhra Pradesh
All other states have only MLAs and no Legislative Council.
