Tamil Nadu Legislative Council

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 zamindars and ryotwari landowners, who often benefited from their association with the colonial government. Supportive members were often re-nominated for several terms. G. N. Ganapathy Rao was nominated eight times, Humayun Jah Bahadur was a member for 23 years, T. Rama Rao and P. Chentsal Rao were members for six years each. Other prominent members during the period included V. Bhashyam Aiyangar, S. Subramania Iyer and C. Sankaran Nair. The Council met infrequently and in some years (1874 and 1892) was not convened even once. The maximum of number of times it met in a year was eighteen. The Governor preferred to convene the Council at his summer retreat 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]

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.[2] Thirty eight Indian members were "nominated" in the eight elections during 1893-1909 when this Act was in effect. C. Jambulingam Mudaliar, N. Subba Rao Pantulu, 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]

The Indian Councils Act 1909 (popularly called as "Minto-Morley Reforms"), officially introduced the method of electing members to the Council. But it did not provide for direct election of the members. It abolished automatic official (executive) majorities in the Council and gave its members the power to move resolutions upon matters of general public interest and the budget and also to ask supplementary questions.[2] There were a total of 21 elected members and 21 nominated members. The Act allowed up to 16 nominated members to be official and the remaining five were required to be non-officials. The Governor was also authorised to nominate two experts whenever necessary. As before, the Governor, his two executive council members and the Advocate-General were also members of the Council. P. Kesava Pillai, A. S. Krishna Rao, N. Krishnaswami Iyengar, B. N. Sarma, B. V. Narasimha Iyer, K. Perraju Pantulu, T. V. Seshagiri Iyer, P. Siva Rao, V. S. Srinivasa Sastri, P. Theagaraya Chetty and Yakub Hasan Sait were among the active members.

Based on the recommendations of the Montague-Chelmsford report, the Government of India Act of 1919 was enacted. The Act enlarged the provincial legislative councils and increased the strength of elected members to be greater than that of nominated and official members. It introduced a system of 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]

The Council had a total of 127 members in addition to the ex - officio members of the Governor's Executive Council. Out of the 127, 98 were elected from 61 constituencies of the presidency. The constituencies comprised three arbitrary divisions - 1)communal constituencies such as non-Muhammadan urban, non-Muhammadan rural, non-Brahman urban, Mohamaddan urban, Mohamaddan rural, Indian Christian, European and Anglo-Indian 2)special constituencies such as landholders, Universities, planters and trade associations (South India Chamber of Commerce & Nattukottai Nagarathar Association) and 3) territorial constituencies. 28 of the constituencies were reserved for non-Brahmans. 29 members were nominated, out of whom a maximum of 19 would be government officials, 5 would represent the Paraiyar, Pallar, Valluvar, Mala, Madiga, 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 first election for the Madras Legislative Council, under this Act was held in November 1920. The first sitting of the Council was inaugurated by the Duke of Connaught on 12 January 1921. In total, five such councils were constituted (in 1920, 23, 26, 30 and 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]

The Government of India Act of 1935 abolished dyarchy and ensured provincial autonomy. It created a bicameral legislature in the Madras province. The Legislature consisted of the Governor and two Legislative bodies - a Legislative Assembly and a Legislative Council. The Assembly consisted of 215 members, who were further classified into general members and reserved members representing special communities and interests.[2][9] The Council consisted of a minimum of 54 and a maximum of 56 members. It was a permanent body not subject to dissolution by the Governor and one-third of its members retired every three years. 46 of its members were elected directly by the electorate while the Governor could nominate 8 to 10 members. Similar to the council, the electable members were further classified into general and reserved members. Specific number of seats were reserved (allocated) to various religious and ethnic groups. The Act provided for a limited adult franchise based on property qualifications.[10] Seven million people, roughly 15% of the Madras people holding land or paying urban taxes were qualified to be the electorate.[9] Under this Act, two councils were constituted - the first in 1937 and the second in 1946. Both Councils were controlled by Congress majorities.

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:

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".