Tamil Nadu Legislative Council

Coordinates: 13°04′54″N 80°17′09″E / 13.081539°N 80.285718°E / 13.081539; 80.285718
Source: Wikipedia, the free encyclopedia.

Tamil Nadu Legislative Council
Fort St. George 13°04′54″N 80°17′09″E / 13.081539°N 80.285718°E / 13.081539; 80.285718

Tamil Nadu Legislative Council was the

bicameral legislature in 1937. After India became independent in 1947, it continued to be the upper chamber of the legislature of Madras State, one of the successor states to the Madras Presidency. It was renamed as the Tamil Nadu Legislative Council when the state was renamed as Tamil Nadu in 1969. The Council was abolished by the M. G. Ramachandran administration on 1 November 1986. In 1989, 1996 and 2010, the DMK regime headed by M. Karunanidhi tried to revive the Council. The former AIADMK regime (2016-2021) expressed its intention not to revive the council and passed a resolution in the Tamil Nadu Legislative Assembly
in this regard.

History and evolution

Origin

See also:
Madras Legislative Council (1861–91)

The first Indian Councils Act of 1861 set up the Madras Legislative Council as an advisory body through which the colonial administration obtained advice and assistance. The Act empowered the provincial Governor to nominate four non-English Indian members to the council for the first time. Under the Act, the nominated members were allowed to move their own bills and vote on bills introduced in the council. However, they were not allowed to question the executive, move resolutions or examine the budget. Also they could not interfere with the laws passed by the Central Legislature. The Governor was also the president of the Council and he had complete authority over when, where and how long to convene the Council and what to discuss. Two members of his Executive Council and the Advocate-General of Madras were also allowed to participate and vote in the Council. The Indians nominated under this Act were mostly

Udagamandalam, much to the displeasure of the Indian members. The few times when the Council met, it was for only a few hours with bills and resolutions being rushed through.[1]

Expansion

See also:
Madras Legislative Council, 1891-1909
Council meetings
during 1891-1909[1]
Years No of Days
1906 2
1897,1901 3
1894,1907 4
1896,1898,1909 5
1899, 1902, 1903, 1904 6
1900 7
1895,1905 8
1893 9

In 1892, the role of the Council was expanded by the Indian Councils Act of 1892. The Act increased the number of additional members of the Council to a maximum of 20, of whom not more than nine had to be officials. The Act introduced the method of election for the Council, but did not mention word "election" explicitly. The elected members were officially called as "nominated" members and their method of election was described as "recommendation". Such "recommendations" were made by district boards, universities, municipalities and other associations. The term of the members was fixed at two years. The Council could also discuss the annual financial statement and ask questions subject to certain limitations.

P. Kesava Pillai and C. Vijayaraghavachariar representing southern group of district boards, Kruthiventi Perraju Pantulu of the northern group of municipalities, C. Sankaran Nair and P. Rangaiah Naidu from the Corporation of Madras and P. S. Sivaswami Iyer, V. Krishnaswamy Iyer and M. Krishnan Nair from the University of Madras were some of the active members.[1] However, over a period of time, representation by Indian members dwindled, for example, the position of Bashyam Iyengar and Sankaran Nayar in 1902 was occupied by Acworth and Sir George Moore.[3] The council did not meet more than 9 days in a year during the time the Act was in effect.[1]

Further expansion

Constituencies that elected members (1909–19)[1]
Constituency No of Members
District boards and Municipalities 10
University of Madras 1
South India Chamber of Commerce 1
Madras Traders Association 1
Zamindars 2
Large landholders 3
Muslims 2
Planters 1

The

P. Theagaraya Chetty and Yakub Hasan Sait
were among the active members.

Diarchy (1920-37)

See also: Government of India Act 1919 and Diarchy in Madras Presidency

Based on the recommendations of the

dyarchy in the Provinces. Although this Act brought about representative Government in India, the Governor was empowered with overriding powers. It classified the subjects as belonging to either the Centre or the Provinces. The Governor General could override any law passed by the Provincial councils. It brought about the concept of "Partial Responsible Government" in the provinces. Provincial subjects were divided into two categories - reserved and transferred. Education, Sanitation, Local self-government, Agriculture and Industries were listed as the transferred subjects. Law, Finance, Revenue and Home affairs were the reserved subjects. The provincial council could decide the budget in so far it related to the transferred subjects. Executive machinery dealing with those subjects was placed under the direct control of provincial legislature. However, the provincial legislature and the ministers did not have any control over the reserved subjects, which came under the Governor and his Executive council.[1][2][4][5]

Councils under dyarchy
Council Term
First 17 December 1920 – 11 September 1923
Second 26 November 1923 – 7 November 1926
Third November 1926 - October 1930
Fourth October 1930 - November 1934
Fifth November 1934 - January 1937

The Council had a total of 127 members in addition to the

Sakkiliar, Thottiyar, Cheruman and Holeya communities and 1 would represent the "backward tracts". Including the Executive Council members, the total strength of the legislature was 134.[1][2][4][6]

The

34). The term of the councils was three years (except for the fourth council which was extended for a year in expectation of abolition of dyarchy ). While the first, second and fourth Councils were controlled by Justice Party majorities, the third Council was characterised by a fractured verdict and an independent ministry. The fifth council also saw a fractured verdict and a minority Justice government.[2][7]

Provincial autonomy (1937-50)

Breakdown of seats[2][8]
Group Seats
General 35
Mohammadans (Muslims) 7
Indian Christians 3
Europeans 1
Nominated by Governor 8-10
Total 54-56

The

1946. Both Councils were controlled by Congress
majorities.

In Republic of India (1950-86)

See also:
Vidhan Parishad

After India became independent in 1947 and the Indian Constitution was adopted in 1950, the Legislative Council continued to be the upper chamber of the legislature of the Madras State - the successor to Madras Presidency. It continued to be called as the "Madras Legislative Council". The Council was a permanent body and was not subject to dissolution. The length of a member's term was six years and one-third of the members retired every two years. The strength of the Council was not less than 40 or more than one-third of the strength of the Assembly. The following table illustrates how the members of Council were selected:

Proportion Method of Selection
One-sixth (1/6th) Nominated by the Governor on the advice of the cabinet. They were supposed to have excelled in fields like arts, science, literature, cooperative movement or social service
One-third (1/3rd) Elected by the members of the Legislative Assembly by
Single Transferable Vote System
One-third (1/3rd) Elected by the members of local self governmental bodies like corporations, municipalities and district boards.
One-twelfth (1/12th) Elected by an electorate consisting of electors who have held Graduate degrees for a minimum of three years
One-twelfth (1/12th) Elected by an electorate consisting of teachers of secondary schools, colleges and universities with a minimum experience of three years

The actual strength of the council varied from time to time. During 1952–53, it had a strength of 72. After the formation of Andhra state on 1 October 1953, its strength came down to 51. In 1956 it decreased to 50 and the next year increased again to 63 - where it remained till the council's abolition. Of those 63, local bodies and the assembly elected 21 each, the teachers and graduates elected 6 each and the remaining 9 were nominated.[11] The Council could not pass legislation on its own - it had to approve or disapprove the laws passed by the Assembly. In case of conflict between the Council and the Assembly, the will of the later would prevail.[12][13] When Madras state was renamed as Tamil Nadu in 1968,[14] the name of the council also changed to "Tamil Nadu Legislative Council".

Abolition

The legislative council was abolished in 1986 by the

M Karunanidhi, who was not an MLA at that time, planned to enter the legislative council, and trouble the Chief minister from both Houses in the Legislature, as the Chief Minister was a member of the Lower House. Following such unwanted events and miffed with rumors, MGR decided to abolish the council once for all.[17][18][19][20][21]

On 14 May, a resolution seeking to abolish the council was moved successfully in the legislative assembly. The Tamil Nadu Legislative Council (Abolition) Bill, 1986 was passed by both houses of the Parliament and received the assent of the president on 30 August 1986. The Act came into force on 1 November 1986 and the council was abolished.[2]

Revival attempt

See also:
List of Council constituencies of Tamil Nadu

The

Indian Parliament on 5th and 6th of May, 2010.[25] The Tamil Nadu Legislative Council Act, 2010 received the assent of President on 18.5.2010 and published on the same day. Accordingly, Constituencies for the new house were identified in September 2010.[26] Work on preparation of electoral rolls for them began in October 2010 and was completed by January 2011.[27] However, in February 2011, the Supreme Court of India stayed the elections to the new council, till the petitions challenging its revival could be heard.[28]

In the 2011 Assembly elections, the AIADMK came out with a sweeping majority. The AIADMK government headed by J.Jayalalitha expressed its intention not to revive the council. The government once again passed a counter resolution to withdraw the attempt to revive the council.

As on now, despite the fact that there is a specific provision of a Legislative Council in Tamil Nadu in Article 168 of Constitution of India, there is no Legislative Council in Tamil Nadu for want of a resolution by the Tamil Nadu State Legislative Assembly by majority as provided in Article 169 of Constitution of India.

Location

Main article:
Fort St. George (India)
Fort St. George
where the Tamil Nadu Legislature functioned for 60 years
Senate House, Madras University

new building in the Omandurar Government Estate. In 2007, the German architectural firm GMP International won the design competition to design and construct the new assembly complex. Construction began in 2008 and was completed in 2010. The assembly functioned in the new assembly building during March 2010 - May 2011. In May 2011, the Tamil Nadu legislature was moved back to Fort St. George.[32][33][34][35][36]

List of historical locations where the Tamil Nadu Legislative Council has been housed:

Duration Location
1921–1937 Council chambers,
Fort St. George
14 July 1937 – 21 December 1938
Madras University Campus, Chepauk
27 January 1938 – 26 October 1939 Banqueting Hall (
Mount Road
24 May 1946 – 27 March 1952 Council chambers, Fort St. George
3 May 1952 – 27 December 1956 Kalaivanar Arangam, Government Estate (Omandurar Estate)
29 April 1957 – 30 March 1959 Assembly Hall, Fort St. George
20–30 April 1959 Aranmore Palace,
Udhagamandalam
(Ooty)
31 August 1959 - 1 November 1986 Assembly Hall, Fort St. George

Chief Ministers from the Council

During its existence as the upper chamber of Tamil Nadu Legislature, the Council has been used thrice to appoint non-members of the Legislature as Chief Minister. The first time this happened was when

1967 when C. N. Annadurai became the chief minister first and then got himself elected to the Council.[39][40]

Presiding Officers

This article is part of a series on the
Politics of Tamil Nadu
Executive
  • Governor of Tamil Nadu
  • Chief Minister of Tamil Nadu
  • Deputy Chief Minister of Tamil Nadu
  • Vacant
Legislature

Tamil Nadu Legislative Council

  • Disbanded
Judiciary
Elections
Political Parties
  • Coalitions
Local Government
  • District Panchayats
  • Panchayat Unions
  • Village Panchayats

During 1861–1937, the presiding officer of the Madras Legislative Council was known as the "President of the Council". From its establishment in 1861 till dyarchy was introduced in 1921, the

Perungavalur Rajagopalachari and L. D. Swamikannu Pillai, were appointed by the Governor himself. The presidents who came after them were chosen by the Council itself. During 1937–86, the presiding officer was called as the "Chairman of the Council".[41] The following table lists the presiding officers of the Council.[7][42][43][44]

Chairman of Tamil Nadu Legislative Council
Governor of Tamil Nadu
Term lengthSix years
Inaugural holderWilliam Denison
Formation18 February 1861
Final holderM. P. Sivagnanam
Abolished1 November 1986
Websitewww.tn.gov.in
# Name Took office Left office Political party
Governors of Madras (1861–1920)
1 William Thomas Denison 18 February 1861 26 November 1863
2 Edward Maltby (acting) 26 November 1863 18 January 1864
3 William Thomas Denison 18 January 1864 27 March 1866
4 Lord Napier 27 March 1866 19 February 1872
5 Alexander John Arbuthnot (acting) 19 February 1872 15 May 1872
6
Lord Hobart
 15 May 1872 29 April 1875
7 William Rose Robinson (acting) 29 April 1875 23 November 1875
8 Duke of Buckingham and Chandos 23 November 1875 20 December 1880
9 William Huddleston (acting) 24 May 1881 5 November 1881
10
Mountstuart Elphinstone Grant Duff
 5 November 1881 8 December 1886
11 Robert Bourke, Baron Connemara 8 December 1886 1 December 1890
12 John Henry Garstin 1 December 1890 23 January 1891
13 Bentley Lawley, Baron Wenlock 23 January 1891 18 March 1896
14
Arthur Elibank Havelock
 18 March 1896 28 December 1900
15
Arthur Oliver Villiers-Russell, Baron Ampthill
 28 December 1900 30 April 1904
16 James Thompson (acting) 30 April 1904 13 December 1904
17
Arthur Oliver Villiers-Russell, Baron Ampthill
 13 December 1904 15 February 1906
18 Gabriel Stoles (acting) 15 February 1906 28 March 1906
19 Arthur Lawley, Baron Wenlock 28 March 1906 3 November 1911
20 Thomas David Gibson-Carmichael, Baron Carmichael 3 November 1911 30 March 1912
21 Sir Murray Hammick (acting) 30 March 1912 30 October 1912
22 John Sinclair, Baron Pentland 30 October 1912 29 March 1919
23 Sir Alexander Gordon Cardew 29 March 1919 10 April 1919
24 George Freeman Freeman-Thomas, Baron Willingdon 10 April 1919 12 April 1924
During dyarchy (1920–1937)
1
Sir P. Rajagopalachari
 1920 1923 Non-Partisan
2 L. D. Swamikannu Pillai 1923 September 1925 Justice Party
3
M. Ratnaswami
 September 1925 1926
4 C. V. S. Narasimha Raju 1926 1930 Swaraj Party
5
B. Ramachandra Reddi
 1930 1937 Justice Party
During Provincial Autonomy (1937–1946)
1 U. Rama Rao 1937 1945 Indian National Congress
In Republic of India (1950–1986)
1 R. B. Ramakrishna Raju 1946 1952 Indian National Congress
2 P. V. Cherian 1952 20 April 1964 Indian National Congress
3 M. A. Manickavelu Naicker 1964 1970 Indian National Congress
4 C. P. Chitrarasu 1970 1976 Dravida Munnetra Kazhagam
5 M. P. Sivagnanam 1976 1986 Tamil Arasu Kazhagam

See also

References

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  3. ^ K. C. Markandan (1964). Madras Legislative Council; Its constitution and working between 1861 and 1909. S. Chand & CO. p. 76.
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  15. ^ "Rs. 4.5 lakh-fine slapped on 'Vennira Aadai' Nirmala". The Hindu. The Hindu Group. 14 June 2002. Archived from the original on 25 January 2013. Retrieved 23 December 2009.{{cite web}}: CS1 maint: unfit URL (link)
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  17. ^ a b "TN to get back Upper House". Rediff.com. 24 May 2006. Retrieved 23 December 2009.
  18. ^ indiaabroad (4 March 2009). "Jayaprada's status as MP in jeopardy". Yahoo!. Retrieved 23 December 2009.
  19. ^ Randor Guy (17 March 2009). "Crime Writer's Casebook-ANJALI DEVI CASE-2". Galatta. Retrieved 23 December 2009.
  20. ^ Randor Guy (26 March 2009). "Crime writer's casebook- Vennira Aadai Nirmala Case-2". Galatta. Retrieved 23 December 2009.
  21. ^ India Today, Vol 11 (1986). Council Caper. Living Media. Retrieved 23 December 2009. {{cite book}}: |work= ignored (help)CS1 maint: numeric names: authors list (link)
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  23. Daily News and Analysis
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  26. ^ Delimitation of Council Constituencies (Tamil Nadu), Order 2010 Archived 21 July 2011 at the Wayback Machine
  27. ^ "Announcement on electoral roll revision". The Hindu. 24 October 2010. Archived from the original on 28 October 2010. Retrieved 27 October 2010.
  28. ^ "SC stays TN council elections". The Times of India. 22 February 2011. Archived from the original on 4 November 2012. Retrieved 23 February 2011.
  29. ^ Karthikeyan, Ajitha (22 July 2008). "TN govt's new office complex faces flak". The Times of India. Archived from the original on 11 August 2011. Retrieved 11 February 2010.
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  34. ^ Ramakrishnan, T. (19 April 2008). "New Assembly complex to have high-rise building". The Hindu. Archived from the original on 22 April 2008. Retrieved 11 February 2010.
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  36. ^ Ramakrishnan, T (24 May 2011). "After 16 months, Assembly back at Fort St. George". The Hindu. Retrieved 23 June 2011.
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External links

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