The Tamil Nadu Legislative Council Act, 2010

Summary of the Tamil Nadu Legislative Council Act, 2010
Key Provisions
1. Enactment and Definitions: - Act Title: Tamil Nadu Legislative Council Act, 2010.
• Interpretation: Undefined terms refer to the Representation of the People Act, 1950.
2. Establishment of the Legislative Council: - Creation: By Presidential order for Tamil Nadu.
• Total Strength: 78 seats.
• Composition:
• Elected:
• Local Authorities, Teachers, and Graduates: 26 seats (specific distribution not detailed).
• Members of the Legislative Assembly: 26 seats.
• Nominated by the Governor: 12 seats.
• Constituency and Seat Allocation: Determined by the President in consultation with the Election Commission.
3. Amendments to Existing Legislation: - Representation of the People Act, 1950:
• Third Schedule: Insertion of Tamil Nadu with 78 seats.
• Fourth Schedule: Addition of Tamil Nadu's entry.
• Representation of the People Act, 1951:
• Section 15A: Amendment to include the Tamil Nadu Legislative Council Act, 2010, for the constitution of Tamil Nadu's Legislative Council.

Legislative History: The Tamil Nadu Legislative Council Act, 2010

Short Title The Tamil Nadu Legislative Council Act, 2010

Act Number / Year Act No. 16 of 2010

Act ID (India Code) 201016

Presidential Assent Date May 18, 2010

Enforcement Date Enacted on May 18, 2010; subsequent operationalization was halted pending presidential notification and later superseded by a repeal initiative.

Nodal Ministry Ministry of Law and Justice (Legislative Department)

Precedent & Statutory Rationale

1. Historical Bicameralism and the 1986 Abolition:

o The upper house originated as the Madras Legislative Council under the Indian Councils Act, 1861, transitioning into an upper chamber under the Government of India Act, 1935, and later renamed the Tamil Nadu Legislative Council in 1969. It was abolished on November 1, 1986, by the M.G. Ramachandran administration, turning the state legislature strictly unicameral.

2. Constitutional Mechanism for Revival (Article 169):

o Under Article 169 of the Constitution of India, Parliament may by law provide for the creation or abolition of a State Legislative Council if the State Legislative Assembly passes a resolution to that effect by a special majority.

3. Legislative Rationale for the 2010 Act:

o Following a resolution passed by the Tamil Nadu Legislative Assembly on April 12, 2010, seeking to re-establish the upper house, the Central Government brought forward the legislation to expand public representation, deepen legislative scrutiny, and ensure a more comprehensive review of policy measures.

Parliamentary Trajectory & Enactment

• Formulation: Prepared and piloted by the Ministry of Law and Justice based on the formal resolution adopted by the Tamil Nadu Legislative Assembly.

• Parliamentary Passage: Tabled and passed by both Houses of Parliament during the budget/monsoon sessions of 2010.

• Presidential Assent: Received formal Presidential Assent on May 18, 2010, entering the statute book as Act No. 16 of 2010.

• Subsequent Political Shift and Abortive Status: Although the Act was promulgated, a subsequent political transition following the 2011 Tamil Nadu Legislative Assembly elections led the state legislature to pass a counter-resolution in June 2011 seeking to withdraw the creation of the council.

• Source: India Code and Ministry of Law and Justice Official Records