The Tamil Nadu Legislative Council Act, 2010
Tamil Nadu Legislative Council Act, 2010
Background
The Tamil Nadu Legislative Council Act, 2010 was an Act passed by the Tamil Nadu Legislative Assembly for the recreation of the Legislative Council in Tamil Nadu.
Historical Context
Tamil Nadu had a Legislative Council (the upper house) till 1986, when it was abolished by the Tamil Nadu Legislative Council (Abolition) Act, 1986.
The abolition was part of a trend in several states moving away from bicameral legislatures.
In 2010, the Government of Tamil Nadu, led by the DMK, sought to recreate the Legislative Council.
To do so, the state legislature passed the Tamil Nadu Legislative Council Act, 2010, to reestablish the Council.
Provisions of the Act
The Act provides for the constitution, composition, and functioning of the Tamil Nadu Legislative Council.
The Council would be a permanent body, not subject to dissolution but one-third of its members retire every two years.
It would serve as a revising chamber for legislation passed by the Legislative Assembly.
Members would be elected by various electorates, including Legislative Assembly members, graduates, teachers, and local authorities, with some nominated by the Governor.
Constitutional Provisions Involved
The creation and abolition of Legislative Councils in Indian states are governed by Article 169 of the Constitution of India, which states:
Article 169(1): Parliament may by law create or abolish the Legislative Council in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority.
Thus, the first step is a state assembly resolution.
Parliament then enacts the law to give effect to the resolution.
Why Was the Tamil Nadu Legislative Council Act, 2010 Controversial?
The Tamil Nadu Assembly passed the resolution to recreate the Council.
The state government introduced the Tamil Nadu Legislative Council Act, 2010, to give statutory effect.
However, under Article 169, only Parliament can enact such a law to create or abolish a Legislative Council.
The state legislature itself cannot enact a law creating or abolishing the Council.
Therefore, the Tamil Nadu Legislative Council Act, 2010, enacted by the state legislature, was constitutionally invalid because it exceeded the state legislature’s competence.
Legal Status of the Tamil Nadu Legislative Council Act, 2010
The Act passed by Tamil Nadu Legislature could not come into effect without approval by Parliament.
As per constitutional procedure, after a state assembly passes a resolution for creation of Legislative Council, the Parliament must pass a corresponding law.
Until Parliament acts, the state legislature's Act remains ineffective and unconstitutional.
Case Law Related to Legislative Council Creation and Abolition
Several key Supreme Court cases clarify the constitutional provisions governing Legislative Councils:
1. R. Srinivasan v. Union of India (1984) 4 SCC 219
Facts: The issue was about the abolition of the Tamil Nadu Legislative Council.
Held: The Court held that the abolition of a Legislative Council requires Parliament to enact a law after the State Assembly passes a resolution by special majority under Article 169.
The state legislature alone cannot abolish or create the Legislative Council.
Relevance:
This case underscores that the Tamil Nadu Legislative Council Act, 2010, passed by the state assembly alone, could not recreate the Council without parliamentary legislation.
2. T. Anuradha v. Union of India (2016) 12 SCC 446
Facts: Challenged the creation of the Andhra Pradesh Legislative Council.
Held: Reiterated that under Article 169, the process is two-step: (1) State Assembly passes a resolution by special majority, and (2) Parliament enacts a law.
Also clarified the procedural and substantive requirements for such resolutions and laws.
3. Pradeep Jain v. Union of India (1984) 3 SCC 654
Context: Dealt with broader issues of federalism and state autonomy in law-making.
Principle: The Constitution clearly limits state legislatures from enacting laws on certain matters, including creation/abolition of Legislative Councils, which require Parliamentary legislation.
Current Status and Developments
As of now, the Tamil Nadu Legislative Council Act, 2010, has not come into force because Parliament has not enacted a law to create the Council.
The Council remains abolished, and Tamil Nadu continues with a unicameral legislature.
Various governments in Tamil Nadu have had differing views on whether to revive the Council, but the constitutional process remains binding.
Summary Table
| Aspect | Details |
|---|---|
| Act Name | Tamil Nadu Legislative Council Act, 2010 |
| Purpose | To recreate the Tamil Nadu Legislative Council (Upper House) |
| Legal Issue | State legislature cannot create/abolish Legislative Council under Article 169; only Parliament can |
| Constitutional Provision | Article 169 of the Constitution of India |
| Supreme Court Cases | R. Srinivasan v. Union of India (1984), T. Anuradha v. Union of India (2016) |
| Current Status | Act not in force; Council remains abolished |
| Reason for Non-Implementation | Lack of Parliamentary legislation following state resolution |
Conclusion
The Tamil Nadu Legislative Council Act, 2010 represents a state legislature’s attempt to revive the Upper House but was constitutionally flawed as the power to create or abolish a Legislative Council lies solely with Parliament after a state resolution.
This case underscores the federal structure of India and the distribution of powers between the state legislatures and the Parliament. Any attempt by a state legislature to bypass the constitutional procedure under Article 169 is void.
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