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Bihar Legislative Assembly
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The Bihar Legislative Assembly, also known as the Bihar Vidhan Sabha, is the lower house of the bicameral Bihar Legislature of the state of Bihar in India. The first state elections were held in 1952.[5]
Key Information
Before the partition of Bihar, the total strength of membership in the assembly was 331, including one nominated member. After the partition, the seats were reduced to 243 members. Shri Krishna Singh became the first leader of the House and the first chief minister, Anugrah Narayan Singh was elected as the first deputy leader of the house and the first deputy chief minister.[6]
History
[edit]After the passing of the Government of India Act 1935, Bihar and Orissa became separate states. A bicameral system of legislature was introduced according to the act. On 22 July 1936, the first Bihar legislative council was set up. It had 30 members and Rajiv Ranjan Prasad was the chairman. The first joint session of the two houses of the Bihar Assembly took place on 22 July 1937. Ram Dayalu Singh was elected as the speaker of the Bihar Assembly.[7]
Bihar Legislative Assembly terms
[edit]Following are the dates of constitution and dissolution of the Bihar Legislative Assembly. First sitting date and date of completion of term for each Vidhan Sabha can be different from the constitution and dissolution dates (respectively).
| Vidhan Sabha | Constitution | Dissolution | Days | Speaker | Ministry |
|---|---|---|---|---|---|
| Interim Government | 25 April 1946 | 19 May 1952 | 2,041 | Bindeshwari Prasad Verma | First Shri Krishna Sinha ministry |
| 1st | 20 May 1952 | 31 March 1957 | 1,776 | Second Shri Krishna Sinha ministry | |
| 2nd | 20 May 1957 | 15 March 1962 | 1,760 | Third Shri Krishna Sinha ministry (Till 1961) Deep Narayan Singh interim ministry (17 days) First Binodanand Jha ministry (1961-62) | |
| 3rd | 16 March 1962 | 16 March 1967 | 1,826 | Dr Laxmi Narayan Sudhanshu | |
| 4th | 17 March 1967 | 26 February 1969 | 712 | Dhaniklal Mandal | |
| 5th | 26 February 1969 | 28 March 1972 | 1,126 | Ram Narayan Mandal | |
| 6th | 29 March 1972 | 30 April 1977 | 1,858 | Hari Nath Mishr | |
| 7th | 24 June 1977 | 17 February 1980 | 968 | Tripurari Prasad Singh | |
| 8th | 8 June 1980 | 12 March 1985 | 1,738 | Radhanandan Jha | |
| 9th | 12 March 1985 | 10 March 1990 | 1,824 | Shiva Chandra Jha (till 1989) | |
| 10th | 10 March 1990 | 28 March 1995 | 1,844 | Ghulam Sarwar | |
| 11th | 4 April 1995 | 2 March 2000 | 1,795 | Devnarayan Yadav | |
| 12th | 3 March 2000 | 6 March 2005 | 1,830 | Sadanand Singh | |
| 13th | 7 March 2005 | 24 November 2005 | 263 | Uday Narayan Chaudhary | |
| 14th | 24 November 2005 | 26 November 2010 | 1,829 | Second Nitish Kumar ministry | |
| 15th | 26 November 2010 | 20 November 2015 | 1,821 | Third Nitish Kumar ministry (2010–14) Jitan Ram Manjhi ministry (2014-15) Fourth Nitish Kumar ministry (2015-15) | |
| 16th | 20 November 2015 | 14 November 2020[8] | 1,821 | Vijay Kumar Chaudhary | Fifth Nitish Kumar ministry (2015–17) Sixth Nitish Kumar ministry (2017-20) |
| 17th | 16 November 2020 | Incumbent | 1,815 | Vijay Kumar Sinha (till 9 August 2022)
Awadh Bihari Choudhary (till 28 January 2024) Nand Kishore Yadav (since 15 February 2024)[9] |
Seventh Nitish Kumar ministry (2020-22) Eighth Nitish Kumar ministry (2022-2024) Ninth Nitish Kumar ministry (2024-present) |
Working
[edit]The Bihar Legislative Assembly[10] is not a permanent body and is subject to dissolution. The tenure of the legislative assembly is five years from the date appointed for its first sitting unless dissolved sooner. Members of the legislative assembly are directly elected by the people.
There are three sessions every year: budget session, monsoon session, and winter session.
The sessions of the legislative assembly are presided over by the speaker. The speaker certifies whether a bill is ordinary bill or money bill. Generally, the speaker does not participate in voting, except in the case of a tie. Nand Kishore Yadav is the current speaker of the Bihar Legislative Assembly.[9]The legislative assembly also has a Secretariat. The secretary is under the disciplinary control of the speaker. The function of the secretary is to assist the speaker. Bateshwar Nath Pandey is the current secretary of the Bihar Legislative Assembly.
Composition
[edit]
2020
[edit]| Alliance | Party | Seats | ||||
|---|---|---|---|---|---|---|
| Won | +/− | Total | ||||
| NDA | BJP | 74 |  21
|
125 | ||
| JD(U) | 43 |  28
| ||||
| VIP | 4 | 4
| ||||
| HAM(S) | 4 | 3
| ||||
| MGB | RJD | 75 | 5
|
110 | ||
| INC | 19 | 8
| ||||
| CPI(ML)L | 12 | 9
| ||||
| CPI | 2 | 2
| ||||
| CPI(M) | 2 | 2
| ||||
| GDSF | AIMIM | 5 | 5
|
6 | ||
| BSP | 1 | 1
| ||||
| None | LJP | 1 | 1
|
2 | ||
| IND | 1 | 3
| ||||
| Total | 246 | 245 | ||||
2022
[edit]Following is the former composition of the Bihar Legislative Assembly which is after some elected members changed parties, various by-elections and after Nitish Kumar left NDA and formed alliance with Mahagathbandhan on 10 August 2022.
| Alliance | Party | Seats | Total | ||
|---|---|---|---|---|---|
| MGB | RJD | 79 | 160 | ||
| JD(U) | 45 | ||||
| INC | 19 | ||||
| CPI(ML)L | 12 | ||||
| CPI | 2 | ||||
| CPI(M) | 2 | ||||
| IND | 1 | ||||
| NDA | BJP | 78 | 82 | ||
| HAM(S) | 4 | ||||
| OTH | AIMIM | 1 | 1 | ||
2024
[edit]Following was the composition of the Bihar Legislative Assembly after 2024 Bihar political crisis.
| Alliance | Party | Seats | Total | ||
|---|---|---|---|---|---|
| NDA | BJP | 78 | 132 | ||
| JD(U) | 45 | ||||
| HAM(S) | 4 | ||||
| RJD(Rebel) | 4 | ||||
| IND | 1 | ||||
| MGB | RJD | 75 | 110 | ||
| INC | 19 | ||||
| CPI(ML)L | 12 | ||||
| CPI | 2 | ||||
| CPI(M) | 2 | ||||
| OTH | AIMIM | 1 | 1 | ||
Members of Legislative Assembly
[edit]See also
[edit]- Bihar Economic Survey
- Bihar Legislative Council – Upper house of the bicameral legislature of the state of Bihar in India
- Government of Bihar – Indian State Government
- List of chief ministers of Bihar
- List of constituencies of the Bihar Legislative Assembly
- List of deputy chief ministers of Bihar
- List of governors of Bihar
- List of leaders of the opposition in the Bihar Legislative Assembly
- Patna Secretariat
Note
[edit]References
[edit]- ^ "JD(U)'s Narendra Narayan Yadav elected unopposed as Bihar assembly deputy speaker". The Indian Express. 23 February 2024. Retrieved 23 February 2024.
- ^ "BJP leader Nand Kishore Yadav elected Speaker of Bihar Assembly". Hindustan Times. 15 February 2024. Retrieved 15 February 2024.
- ^ "Party position (as on 24 July 2025)" (PDF). Bihar Vidhan Sabha. 24 July 2025. Archived from the original (PDF) on 23 September 2025.
- ^ "Independent MLA to support Nitish govt in Bihar - www.lokmattimes.com". Lokmat Times. 21 July 2024.
- ^ "Bihar poll dates announced: Some facts youn need to know about Bihar Legislative Assembly". www.oneindia.com. Archived from the original on 20 November 2016. Retrieved 19 November 2016.
- ^ "First Polls, first rift, first rush:Bihar 1952 CM SK Sinha Dy CM Dr AN Sinha". 11 October 2020. Retrieved 11 October 2020.
- ^ "Bihar Vidhan Sabha" (PDF). Retrieved 24 September 2022.
- ^ Etemaad (14 November 2020). "Bihar Governor Phagu Chauhan Formally Dissolved 16th Legislative Assembly". Retrieved 15 November 2020.
- ^ a b "BJP leader Nand Kishore Yadav elected Speaker of Bihar Assembly". Hindustan Times. 15 February 2024. Retrieved 15 February 2024.
- ^ "Bihar Assembly Elections 2025: Bihar Election Latest News, Photos, Videos, Live News". Prabhat Khabar.
- ^ a b c d "Bihar: Four of five AIMIM MLAs join RJD, making it single-largest party again with 80 seats". The Indian Express. 30 June 2022. Retrieved 9 July 2022.
- ^ a b c "All 3 VIP MLAs join BJP in Bihar making it the largest party in Assembly". The Hindu. 23 March 2022. ISSN 0971-751X. Retrieved 23 March 2022.
- ^ "Bihar: RJD MLA Anil Kumar Sahni disqualified upon conviction by CBI court". www.telegraphindia.com. 14 October 2022. Retrieved 3 November 2022.
- ^ "BJP wins from Kurhani". www.ndtv.com. Retrieved 8 December 2022.
- ^ "Bihar BJP MLA Subhash Singh passes away". The Hindu. PTI. 16 August 2022. ISSN 0971-751X. Retrieved 27 August 2022.
- ^ "Lone Lok Janshakti Party MLA Raj Kumar Singh joins JD(U) in Bihar". Hindustan Times. 7 April 2021. Retrieved 27 February 2022.
- ^ "Anant Singh loses assembly membership, RJD tally down to 79". Hindustan Times. 15 July 2022. Retrieved 27 August 2022.
- ^ "CPI-ML MLA Manoj Manzil disqualified from Bihar assembly". Indian Express.
- ^ "BSP's lone MLA in Bihar Md Zama Khan joins ruling JD(U) after meeting with CM Nitish Kumar | Patna News - Times of India". The Times of India. Retrieved 27 February 2022.
External links
[edit]- Official website Archived 15 June 2011 at the Wayback Machine; Government of Bihar
Bihar Legislative Assembly
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It exercises legislative authority over state subjects such as agriculture, education, health, and public order, while approving the annual budget and holding the state executive accountable through debates, questions, and motions of no confidence.[4][5] The assembly traces its origins to 1912, when Bihar was separated from the Bengal Presidency under British rule, leading to the first legislative council session in 1921; it has since evolved through India's independence, with the current structure fixed at 243 seats since 2008 delimitation.[1][6] As of October 2025, the 17th assembly operates under Speaker Nand Kishore Yadav, elected in February 2024, amid a National Democratic Alliance coalition government led by Chief Minister Nitish Kumar, though facing political volatility marked by repeated alliance shifts and upcoming elections on November 6 and 11.[7][8] Bihar's assembly elections have historically reflected deep caste and regional divisions, contributing to governance challenges including frequent floor tests and short-lived administrations, with empirical data showing Bihar lagging in per capita income and human development indices compared to other states due to factors like policy inconsistency and resource misallocation.[9][10]
Historical Background
Colonial Origins and Early Legislatures
The creation of the Bihar and Orissa Province on 22 March 1912, through its separation from the Bengal Presidency, laid the groundwork for provincial legislative institutions in the region. This administrative reconfiguration, prompted by demands for better governance of non-Bengali speaking areas and formalized under British viceregal decree, initially resulted in a unicameral legislative council advising the lieutenant-governor on local matters, with limited advisory powers over budgets and regulations.[11][12] The Government of India Act 1919 introduced dyarchy and restructured the province's legislature into a bicameral system, comprising an upper Legislative Council and a lower Legislative Assembly, effective from late 1920 when Bihar and Orissa attained Governor's Province status on 29 December. The Assembly, as the popularly oriented lower house, included a majority of elected members drawn from territorial, commercial, and communal constituencies, enabling broader representation than the prior council while maintaining nominated elements for official and landlord interests. This shift aimed to foster partial self-rule by making ministers responsible to the legislature for transferred subjects like agriculture, education, and public works.[13][14][12] Legislative powers remained constrained under dyarchy, with the Assembly empowered to debate budgets, move resolutions, and introduce bills on transferred domains, but subject to the governor's overriding veto, ordinance-making authority, and direct control over reserved subjects such as finance, police, and justice. These limitations underscored causal tensions between emergent elected bodies seeking accountability and the entrenched executive dominance, as ministers could be dismissed by the governor, rendering "responsibility" nominal in practice and fueling critiques of the system's hybrid authoritarian-representative nature.[13][15]Post-Independence Formation and Expansion
Following India's independence and the adoption of the Constitution in 1950, the Bihar Legislative Assembly was reconstituted as the unicameral lower house of the state legislature, initially comprising 330 members elected from 276 constituencies, including 54 double-member constituencies to accommodate representation norms under the Representation of the People Act, 1951.[16] This structure integrated territories from former princely states and reflected the transition to adult franchise, with temporary adjustments for areas like the Santhal Parganas. The first general elections occurred on March 26, 1952, resulting in a decisive victory for the Indian National Congress, which won 239 seats amid a voter turnout of approximately 42% from over 18 million eligible electors.[16] Sri Krishna Sinha, already serving as interim Chief Minister since 1946, was elected leader of the house and continued in the role, forming the government under the parliamentary system outlined in Articles 163 and 164 of the Constitution.[17] Subsequent delimitation by the Delimitation Commission, based on the 1961 census, reorganized constituencies into 318 single-member seats for the 1962 elections, aiming to balance population growth—Bihar's populace had risen to about 46.5 million—with equitable representation ratios of roughly one member per 146,000 residents.[18] This adjustment eliminated double-member seats, prioritizing empirical demographic data over prior configurations, though it represented a modest contraction in total seats to address malapportionment identified in earlier mappings. The 1962 polls saw Congress retain power with 185 seats, but with declining vote shares signaling emerging fragmentation; turnout improved to around 47%, reflecting broader participation in the federal structure where state assemblies derive powers from the concurrent and state lists under the Seventh Schedule.[18] The seat count stabilized at 318 through the 1967 and 1972 elections, accommodating sustained population pressures—reaching over 56 million by 1971—without immediate expansion, as constitutional provisions under Article 170 capped adjustments pending census-based reviews frozen post-1976 amendment.[19] Voter turnout in 1967 hovered at 52%, with non-Congress alliances gaining ground (Congress secured 128 seats), underscoring causal shifts from one-party dominance to coalition dynamics driven by regional caste and economic disparities rather than institutional bias in electoral mapping.[19] This era embedded the assembly within India's parliamentary federalism, where expansions were tethered to verifiable population metrics to prevent over-representation in less dense areas, maintaining a ratio of about one legislator per 170,000-180,000 inhabitants by 1972.Key Reforms, Bifurcation, and Seat Adjustments
The anti-defection provisions, enacted through the 52nd Constitutional Amendment in 1985 and inserted as the Tenth Schedule, were enforced in the Bihar Legislative Assembly to curb legislator defections that had destabilized state governments in the preceding decades.[20] This law mandated disqualification of members who voluntarily gave up party membership or voted against party directives on motions of confidence, applying uniformly across Indian assemblies including Bihar, where frequent floor-crossing had contributed to political volatility. Empirical data from subsequent assembly terms showed reduced defection incidents post-1985, though enforcement challenges persisted due to speaker discretion in disqualification decisions, with Bihar witnessing over 20 disqualifications in the 1990s alone amid coalition shifts. Electronic Voting Machines (EVMs), developed indigenously in the late 1970s and first tested in state elections during the 1980s, were progressively introduced in Bihar's assembly polls starting in select constituencies around 1996-2000 to combat booth capturing and ballot stuffing prevalent in the state's rural areas.[21] By the 2000 Bihar elections, EVMs covered partial segments, expanding to full usage by the 2005 polls, which correlated with a measurable decline in invalid votes from over 2% in paper-ballot eras to under 1% and fewer reported irregularities, as verified by Election Commission audits. This technological reform enhanced electoral integrity in Bihar's high-stakes, caste-influenced contests, though initial resistance from parties citing tampering fears delayed universal adoption until judicial validations in the early 2000s. Delimitation exercises, conducted under the Delimitation Act of 1972 based on the 1971 census, adjusted Bihar's assembly constituencies in 1976, redistributing boundaries to reflect population shifts while maintaining then-total seats at 324 prior to bifurcation. A subsequent national delimitation from 2002-2008, frozen until after the 2001 census per constitutional amendment, redefined Bihar's 243 post-bifurcation seats without altering the total, focusing on equitable voter distribution across its 38 districts and incorporating reservations for Scheduled Castes (38 seats) and Scheduled Tribes (2 seats). These adjustments empirically balanced urban-rural disparities but preserved a skew toward densely populated Gangetic plains constituencies. The Bihar Reorganisation Act, 2000, passed by Parliament and assented on August 2, 2000, bifurcated the state effective November 15, 2000, carving out Jharkhand from 18 southern districts rich in minerals and tribal populations, reducing Bihar's assembly seats from 324 to 243 while allocating 81 to the new state.[22] This structural change eliminated representation of approximately 20% of pre-bifurcation Bihar's land area and industrial base, shifting the residual assembly's demographic composition toward a higher concentration of rural, agrarian voters—over 80% from backward classes and extremely backward classes per subsequent caste surveys—and exacerbating focus on poverty alleviation over resource extraction. Causally, the seat reduction compelled policy recalibration in Bihar, stripping access to Jharkhand's coal and steel revenues that had subsidized the unified state's deficits, thereby highlighting underdevelopment in the agrarian north and prompting targeted infrastructure reforms absent in pre-bifurcation eras.[23] Post-2000 data indicate the adjusted assembly's constituencies averaged higher poverty rates (over 40% in many) and lower urbanization (under 12% statewide), reinforcing representation of marginalized agrarian interests over the mineral-dependent south.[24]Constitutional Framework and Powers
Legislative Powers and Procedures
The Bihar Legislative Assembly derives its legislative authority from Articles 168 to 212 of the Constitution of India, which establish the framework for state legislatures, including composition, duration, and procedural norms.[25] These provisions empower the assembly to enact laws on subjects enumerated in the State List of the Seventh Schedule, such as agriculture, public health, local government, and education, as well as on [Concurrent List](/page/Concurrent List) matters subject to parliamentary override.[26] Money bills, concerning state revenues and expenditures, must originate exclusively in the assembly under Article 199, underscoring its primacy in financial legislation.[27] Procedural operations adhere to the Rules of Procedure and Conduct of Business in the Bihar Legislative Assembly, which mirror parliamentary practices with adaptations for state governance.[28] Key mechanisms include question hour for ministerial accountability, zero hour for urgent public matters raised without prior notice, and adjournment motions to discuss issues of immediate importance, enabling oversight of executive actions. A quorum of one-tenth of the total membership—24 members for the 243-seat house—is required for valid proceedings, as stipulated in Article 189(3), ensuring minimal representation before decisions bind the state.[29] Unlike the Lok Sabha's national remit, the assembly's deliberations center on localized imperatives, such as flood control measures critical to Bihar's recurrent inundations from rivers like the Kosi and Ganges.[30] The assembly's sovereignty remains circumscribed by the Governor's role under Article 200, who may assent to bills, withhold assent, return them for reconsideration, or reserve them for the President's consideration, particularly if they impinge on central interests.[31] This check has historically delayed or altered legislation, as seen in instances where bills on state reservations awaited presidential nod before enactment. Empirical analysis reveals procedural inefficiencies, with the 17th Assembly (2020-2025) passing 78 bills—all on the day of introduction—without referral to committees or substantive debate, reflecting a pattern of expedited passage over deliberative rigor.[32] Such practices limit causal depth in lawmaking, prioritizing volume over evidence-based scrutiny of state-specific challenges like agrarian reforms or disaster resilience.[33]Relationship with Bihar Legislative Council
The Bihar Legislative Assembly, as the lower house of the state's bicameral legislature, exercises overriding authority over the upper house, the Bihar Legislative Council, which comprises 75 members selected through a mix of indirect elections and gubernatorial nominations. Ordinary bills passed by the Assembly are transmitted to the Council for consideration; the Council may suggest amendments, reject, or delay the bill for up to four months (three months initially plus one additional), but the Assembly retains the power to repass the bill with a simple majority of its total membership, rendering the Council's objections non-binding.[34][35] Money bills, which must originate in the Assembly, underscore this dominance further: the Council receives them for review and may return recommendations within 14 days, but the Assembly can accept or disregard these without needing concurrence, ensuring fiscal legislation proceeds without veto. This framework, enshrined in Articles 197-199 of the Indian Constitution, positions the Council primarily as a deliberative and advisory body rather than an equal partner, preventing permanent gridlock while allowing for scrutiny of non-financial measures.[35][36] The Council's composition— one-third elected by local bodies, one-third by Assembly members, one-twelfth each by graduates and teachers' constituencies, and the remainder nominated by the Governor—differs markedly from the Assembly's direct popular election of 243 members, fostering perceptions of the upper house as less representative and more susceptible to executive influence. Critics have highlighted its use for political accommodation, such as nominating allies or defeated candidates, with instances like the 2013 nomination of a senior BJP leader's son drawing intra-party backlash and the 2020 opposition to 12 such seats underscoring accusations of it functioning as a "parking lot" for loyalists.[35][37][38] While intended to provide checks against hasty Assembly decisions, this dynamic has occasionally led to temporary delays in bill passage, though the Assembly's override mechanism maintains legislative momentum.[39]Role of the Speaker and Deputy Speaker
The Speaker of the Bihar Legislative Assembly is elected by a simple majority of members present and voting from among the Assembly's members, as soon as practicable after its constitution following general elections.[40] This process, governed by Article 178 of the Constitution of India and the Assembly's rules of procedure, often proceeds unopposed when supported by the ruling coalition, as seen in the unopposed election of Nand Kishore Yadav on February 15, 2024, after the National Democratic Alliance (NDA) regained power.[7] [41] The Speaker vacates office upon dissolution of the Assembly or resignation, and continues in role until a successor is elected post-election. The Speaker presides over Assembly sittings, enforces rules of procedure, interprets them during debates, and maintains decorum by directing unruly members or suspending proceedings if necessary.[42] In cases of tied votes on non-money matters, the Speaker exercises a casting vote, typically to preserve the status quo and avoid abrupt policy shifts, though specific instances in Bihar remain rare due to the Assembly's polarized majorities.[43] The Speaker also certifies bills as money bills if they involve taxation or expenditure from the Consolidated Fund, a determination rarely challenged successfully in Bihar, with judicial overturns occurring in fewer than 5% of reviewed state-level cases nationwide based on available precedents.[20] Under Paragraph 6 of the Tenth Schedule to the Constitution, the Speaker adjudicates disqualification petitions arising from the anti-defection law, determining whether members have voluntarily given up party membership or voted against party whips without sufficient cause.[20] In Bihar, this authority has been invoked amid frequent alliance shifts, such as petitions filed in February 2024 by Congress and Rashtriya Janata Dal seeking disqualification of MLAs who defected to the NDA after Nitish Kumar's January 2024 realignment with the Bharatiya Janata Party.[44] Decisions by Bihar Speakers have faced delays averaging over two years in similar state cases, prompting Supreme Court scrutiny for undermining the law's intent to curb opportunistic defections, though substantive rulings are overturned by courts in under 10% of appealed instances due to deference to the Speaker's fact-finding role.[45] [46] Such partisanship risks arise because the Speaker, drawn from the ruling majority, may prioritize coalition stability over strict neutrality, as evidenced in the February 2024 Assembly session where a no-confidence motion against the prior Speaker, Awadh Bihari Choudhary, preceded a trust vote won by voice amid opposition walkout, highlighting procedural leverage in government formations.[47] [48] The Deputy Speaker is elected similarly to the Speaker, typically soon after, and assumes the Speaker's duties during absences, including presiding over sessions and exercising delegated powers like interim rulings on points of order.[40] In Bihar, Narendra Narayan Yadav, a seven-term MLA, was elected unopposed as Deputy Speaker on February 24, 2024.[49] Unlike the Speaker, the Deputy does not independently decide disqualifications but supports continuity in proceedings, with the office often allocated to coalition partners to balance representation. Historical precedents show Deputies rarely invoking full authority independently, as Speakers maintain active roles except in prolonged absences.Composition and Electoral System
Structure: Seats, Constituencies, and Reservations
The Bihar Legislative Assembly comprises 243 seats, all elected from single-member constituencies using the first-past-the-post electoral system, whereby the candidate receiving the plurality of votes in each constituency wins representation.[50] Of these, 38 seats are reserved for Scheduled Castes (SC) and 2 for Scheduled Tribes (ST), reflecting constitutional mandates under Articles 330 and 332 to allocate representation proportional to their shares in the state's population—approximately 16% for SCs and 1.3% for STs as per the 2011 census, though the reservations stem from the 2001 census data used in delimitation.[51] The constituencies were delimited under the Delimitation of Parliamentary and Assembly Constituencies Order, 2008, which froze boundaries based on the 2001 census to prevent demographic manipulations ahead of population stabilization goals, resulting in no readjustments despite subsequent population shifts.[52] This has led to empirical malapportionment, where rural constituencies often encompass larger populations than urban ones due to uneven growth—urban areas like Patna have expanded rapidly post-2001, yet retain fewer seats relative to their electorate size, effectively overweighting rural voter influence.[53] As of the 2020 electoral rolls, Bihar's 243 constituencies collectively enrolled about 72.1 million electors, yielding an average of roughly 297,000 electors per constituency, though variances exist with some urban seats approaching or exceeding 400,000 due to migration and density.[54] Reservations function to guarantee SC and ST candidates contest only in designated seats, with general constituencies open to all; this mechanism has empirically elevated SC representation to near-population parity, but critics argue it entrenches caste-based electoral mobilization over merit or policy, as evidenced by persistent caste-centric voting patterns in Bihar's elections.[55]Qualifications for Membership
To be eligible for membership in the Bihar Legislative Assembly, a candidate must meet the criteria outlined in Article 173 of the Constitution of India, which requires citizenship of India, a minimum age of 25 years for assembly seats, and compliance with any additional qualifications prescribed by parliamentary law.[56] Under Section 5 of the Representation of the People Act, 1951, the candidate must also be an elector for any assembly constituency within Bihar, ensuring a connection to the state's electorate without mandating residency in the specific constituency contested.[57] No formal educational qualification is required, reflecting the constitutional emphasis on basic civic eligibility over academic credentials.[58] Upon election, members must subscribe to an oath or affirmation as prescribed under Article 188 of the Constitution, administered before the Governor or an appointed authority, affirming allegiance to the Constitution and the duty to uphold it without bias. This requirement, rooted in Form III of the Third Schedule, underscores fidelity to national sovereignty but carries no substantive disqualifying effect beyond procedural compliance. Reservations for Scheduled Castes and Scheduled Tribes apply additional eligibility tied to membership in those groups for designated seats, promoting representation while adhering to the same core qualifications.[57] Disqualifications for membership are specified in Article 191(1) of the Constitution, barring individuals who hold an office of profit under the government (except those exempted by Parliament), are declared of unsound mind by a competent court, remain undischarged insolvents, lack Indian citizenship or hold foreign allegiance, or face disqualification under parliamentary law.[59] These provisions aim to prevent conflicts of interest and ensure mental and financial probity, with "office of profit" interpreted judicially to exclude nominal or honorary roles but applied strictly to salaried executive positions.[59] Further disqualifications arise under Sections 8 and 8A of the Representation of the People Act, 1951, particularly for criminal convictions: individuals sentenced to imprisonment for two or more years become ineligible for six years post-release, while those convicted of specified corrupt practices or offences under laws like the Prevention of Corruption Act face immediate and extended bars, subject to appellate relief.[57] However, pending criminal cases do not trigger automatic disqualification, allowing candidates to contest and serve unless convicted with finality, a threshold that has drawn criticism for enabling participation despite serious allegations.[58] Empirical data from self-disclosed affidavits analyzed by the Association for Democratic Reforms (ADR), a non-partisan group relying on mandatory election disclosures, indicates high formal compliance with eligibility but persistent challenges in enforcement: in the 2020 Bihar assembly, 66% of 241 sitting MLAs declared criminal cases, with 43% involving serious charges punishable by over five years' imprisonment, such as murder or kidnapping.[60] This prevalence persists because non-conviction status preserves eligibility, highlighting a gap between nominal criteria intended for competence and integrity and actual outcomes, where voter preferences and weak pre-election vetting allow such candidacies; ADR's methodology, cross-verified against court records, underscores systemic issues without implying guilt in pending matters.[61]Composition of the 17th Assembly (2020-2025)
The 17th Bihar Legislative Assembly comprised 243 members elected in November 2020, with the National Democratic Alliance (NDA) securing a slim majority of 125 seats immediately post-election: Bharatiya Janata Party (BJP) with 74, Janata Dal (United) [JD(U)] with 43, Hindustani Awam Morcha (Secular) with 4, Vikassheel Insaan Party with 4, and one independent supporting the coalition.[62] The opposition Mahagathbandhan held 110 seats, dominated by Rashtriya Janata Dal (RJD) with 75, Indian National Congress with 19, and 16 from leftist parties including Communist Party of India (Marxist-Leninist) Liberation.[62] This configuration enabled JD(U) leader Nitish Kumar to continue as Chief Minister under NDA.[9] In August 2022, Nitish Kumar abruptly ended the NDA alliance, citing ideological differences with BJP, and realigned JD(U) with the Mahagathbandhan, forming a new government backed by approximately 165 MLAs including RJD's support base.[63] This flip, executed via confidence votes and minimal defections, underscored opportunism in Bihar's coalition politics, where personal and caste-based calculations often supersede policy coherence, leading to repeated instability without altering core seat arithmetic significantly. In January 2024, Kumar switched back to NDA, leveraging JD(U)'s bloc to reclaim majority status around 125 effective seats, again through assembly floor tests rather than electoral mandates.[64] These maneuvers, occurring twice within the term, eroded legislative predictability, as evidenced by shortened sessions and deferred reforms.[65] Among the 241 analyzed sitting MLAs (excluding two vacancies), 66% declared pending criminal cases, with 49% facing serious charges such as murder, attempt to murder, or crimes against women, per affidavits analyzed by the Association for Democratic Reforms (ADR).[66] Women representation stood at 26 MLAs, or roughly 11% of the house, below the national assembly average of about 14% and reflecting limited gender parity in candidate selection across parties.[67] Vacancies remained minimal throughout the term, with no widespread expulsions, though two seats were unfilled at ADR's cutoff due to deaths or disqualifications without notable by-election delays.[60] Caste demographics mirrored Bihar's social fault lines, with Extremely Backward Classes (EBCs) comprising around 25% of MLAs and Yadavs about 14%, driven by alliance ticket distributions prioritizing these groups' voter mobilization over broader merit.[68] Such composition perpetuated identity-based governance, correlating with policy focus on caste quotas amid empirical underperformance in development metrics.[69]Functioning and Operations
Sessions, Sittings, and Attendance
The 17th Bihar Legislative Assembly convened for 146 days between November 2020 and July 2025, the lowest total for any of its five-year terms, averaging 29 days per year across 15 sessions.[32] Each sitting lasted an average of three hours, reflecting limited time for deliberation despite the assembly's role in oversight and lawmaking.[70] Article 174 of the Constitution requires the Governor to summon the state legislature at least twice annually, with no interval exceeding six months between sessions, to ensure regular functioning.[71] Bihar's record aligns with a broader national trend where state assemblies average 20-30 sitting days yearly, yet falls below historical benchmarks for the state and contributes to empirical patterns of diminished productivity.[72] [73] Frequent disruptions from political protests, adjournments, and walkouts—such as those during the 2025 monsoon session over electoral issues—have curtailed effective sittings, substituting policy debate with procedural chaos.[74] Data indicates these patterns correlate with governance shortfalls, including delayed scrutiny of executive actions, independent of partisan blame for opposition tactics.[32]Committee System and Oversight Mechanisms
The Bihar Legislative Assembly operates a committee system modeled on parliamentary practices, featuring standing committees for financial scrutiny and departmental oversight. Key financial committees include the Public Accounts Committee (PAC), which examines audit reports by the Comptroller and Auditor General to ensure executive accountability for public expenditures, and the Estimates Committee (Prakalan Samiti), tasked with reviewing budgetary estimates for efficiency and suggesting economies in spending.[75][76] Additionally, the Assembly maintains approximately 28 departmental standing committees, each aligned with specific ministries to monitor policy implementation, summon officials, and recommend improvements.[2] These mechanisms enable detailed examination of government actions outside plenary sessions, fostering legislative control over the executive. Despite this framework, committees in the Bihar Assembly exhibit significant underutilization, particularly in legislative scrutiny. In the 17th Assembly (2020-2025), none of the 78 bills introduced and passed were referred to any committee for detailed review, with all enacted on the day of introduction, bypassing opportunities for amendments or deeper analysis.[32] Committee reports, including those from the PAC on audit paras, are routinely tabled but infrequently debated in the House, as evidenced by historical patterns where permanent committees have lagged in producing or discussing outputs.[77] This stems from procedural priorities favoring rapid passage over deliberation, compounded by the Assembly's limited sittings—averaging 29 days annually—which constrain time for report adoption. Oversight extends to executive questioning via starred and unstarred queries, with MLAs in the 17th term posing 22,505 questions overall, averaging 179 per member.[78] However, enforcement remains weak due to ruling coalition dominance, which often results in delayed or partial responses from the executive, limiting accountability.[32] Such dynamics reflect a broader causal pattern in majority-led assemblies, where partisan control prioritizes government agendas over rigorous checks, reducing committees' role as effective counterweights despite their constitutional mandate under state legislative rules.[2] PRS Legislative Research, an independent policy body, highlights these gaps through data-driven tracking, underscoring systemic inefficiencies absent in more robust parliamentary systems.[32]Budget and Legislative Processes
The legislative process in the Bihar Legislative Assembly adheres to the standard procedure for state lower houses in India, involving three readings of a bill. In the first reading, the bill is introduced and its general principles are outlined without debate. The second reading includes detailed scrutiny, clause-by-clause discussion, and potential amendments through a select committee or general debate. The third reading focuses on final passage via voting, after which the bill is transmitted to the Governor for assent.[79] Money bills, which concern taxation, borrowing, or expenditure from the Consolidated Fund of the State, must originate exclusively in the Assembly and cannot be introduced in the Legislative Council. The annual budget, presented as part of the financial statement under Article 202 of the Constitution, requires a mandatory budget session for its discussion and approval via the Appropriation Bill. For instance, the Bihar Budget for 2025-26 was presented by Finance Minister Samrat Chaudhary on March 3, 2025, outlining expenditures exceeding previous years' allocations in sectors like infrastructure and welfare.[80][81] Empirical data from the 17th Assembly (2020-2025) reveals accelerated passage, with all 78 non-appropriation bills enacted on the same day of introduction, precluding carry-over discussions or amendments in practice. This pattern contrasts with more deliberative norms, as no bills were referred to committees for deeper review during the term.[82][83] After Assembly passage, bills reach the Governor under Article 200, who may assent, withhold assent, return for reconsideration, or reserve for the President's consideration if deemed repugnant to national laws. In Bihar, such reservations have led to delays; for example, bills increasing reservations in jobs and education passed in November 2023 awaited gubernatorial approval for 12 days before assent. Broader trends indicate that around 18% of bills across Indian states in 2024 faced delays exceeding three months for final clearance, though Bihar-specific statistics remain limited to case-specific instances rather than aggregate delays in 10% of cases.[84][85]Elections and Political Dynamics
Historical Election Patterns and Turnout
The Bihar Legislative Assembly elections since independence have exhibited patterns of initial dominance by the Indian National Congress, followed by increasing fragmentation among regional and caste-based parties. In the 1952 election, Congress secured 224 out of 318 seats, reflecting strong support from upper castes and landed elites in a largely agrarian electorate. This dominance persisted through 1957 (Congress: 243/318 seats), 1962 (Congress: 179/318 seats), and 1967 (Congress: 128/324 seats, forming government with allies), underpinned by post-independence consolidation of national leadership and limited opposition organization. By 1972, Congress again won a majority with 169 out of 324 seats, but the 1977 post-Emergency wave propelled the Janata Party to 214 seats, marking the onset of multi-party fragmentation as socialist and backward caste mobilizations gained traction. Subsequent elections saw no single party achieving absolute majorities consistently, with vote shares dispersing among Congress, Janata factions, and emerging entities like the Janata Dal in 1990 (Janata Dal: 123/324 seats).[86][87] Voter turnout in Bihar assembly elections has historically averaged between 50% and 60%, with notable fluctuations tied to security concerns and logistical reforms. Early polls recorded lower participation, such as 39.5% in 1951 and 44.5% in 1962, amid limited awareness and infrastructure. Turnout rose to around 52-57% in the 1970s-1980s, peaking near 62-63% during the 1990-2000 period (e.g., 62.6% in 2000), coinciding with heightened caste mobilization. Dips occurred in 2005, with 46.5% in February (impacted by opposition boycotts) and 45.9% in October-November, reflecting persistent violence and booth capturing prevalent in prior decades. By 2010, turnout recovered to 52.7%, stabilizing in the 56-57% range for 2015 (56.7%) and 2020 (57.1%), though still below national assembly averages due to migration and apathy in rural pockets.[88]| Election Year | Approximate Turnout (%) | Notes on Context |
|---|---|---|
| 1951 | 39.5 | Initial post-independence poll |
| 1962 | 44.5 | Gradual increase in participation |
| 1977 | 50.5 | Janata wave post-Emergency |
| 1980 | 57.3 | Higher amid national polarization |
| 1990 | 62.0 | Peak with caste-based campaigns |
| 2000 | 62.6 | Pre-reform high |
| 2005 (Oct-Nov) | 45.9 | Low due to violence threats |
| 2010 | 52.7 | Post-reform stabilization |