LEGISLATURE IN TAMIL NADU
- The Legislature of a state consists of the governor and one or two houses.
- A State Legislature may be unicameral or bicameral. At present only 5 states have bicameral legislatures, namely, Bihar, Karnataka, Maharashtra, Uttar Pradesh, and Jammu and Kashmir.
- Legislative Assembly is the Lower House or First Chamber or the Popular Chamber in a state and the Legislative Council is the Upper House or Second Chamber.
- The legislature of Tamil Nadu had bicameralism until 1986 in which the Legislative Council, the second chamber was abolished during the AIADMK government headed by M.G. Ramachandran as the Chief Minister.
Legislative Council
- The Legislative council is a mere ornamental chamber and its very existence is depending on the will of the Legislative Assembly.
- Under the constitution, the Legislative Council can be created or abolished by a simple Act of Parliament on the recommendation of the state concerned under Article 169.
- But, the recommendation of the state Legislative Assembly to create or abolish the Legislative Council should be supported by a special majority i.e., a two-thirds majority.
Functions and powers
- Ordinary bills may be introduced in this Legislative Council.
- It ratifies the money bills passed by the legislative Assembly.
- It can delay 14 days on money bills and 30 days on ordinary bills passed by the Legislative Assembly.
- It elects its Chairman and the Deputy Chairman amongst the members.
- It constitutes various committees for various business
- It ratifies the ordinances promulgated by the Governor.
- Generally, the Legislative Council is a mere ornamental body and hence it is considered a weak house.
- It does not take part in the election of the president or in the ratification of the Constitutional Amendment Bills.
- In short, the Legislative Council is powerless in relation to the Legislative Assembly.
- To call it a Second Chamber or Upper House of a state legislature is a misnomer. As already stated, Legislative Council is not in the Legislature of Tamil Nadu.
- Hence, Tamil Nadu has the unicameral legislature
Legislative assembly
- In every state, the legislature means the Legislative Assembly, even in the State where the legislative council exists.
- Actually, the Legislative Assembly is the first chamber or Lower House of the state legislature.
- Tamil Nadu legislature has only one house known as the Legislative Assembly.
Powers and Functions
- In Tamil Nadu, the Legislative Assembly is a multi-functional political institution. It exercises the following powers and functions.
- Making law on any subject included in the State List as well as in the concurrent List, subject to the restraints imposed by the constitution.
- Making and un-making the government.
- Controlling the finances of the state.
- Introducing the Money Bills and passing them.
- Giving approval or disapproval to a Constitutional (Amendment) Bills passed by the parliament and referred to the states by the president for ratification.
- Considering the reports submitted by the Tamil Nadu Public Service
- Commission, Auditor General and others.
- Constituting various committees for various businesses.
- Electing its Speaker and the Deputy Speaker.
- Initiating for no-confidence motion against the ruling government, and
- Participating in the election of the president of India.
- The above-stated powers belong to the Legislative Assembly alone.
- Thus, in theory, and practice, the Legislative Assembly has enormous powers.
- Hence, the Members of Legislative Assembly (MLAs) have more powers and functions rather than the Members of Legislative Council (MLCs).
- As far as other important offices of the legislature are concerned, the Legislative Assembly elects its Speaker and the Deputy Speaker.
- As such, the Legislative Council elects its Chairman and the Deputy Chairman.
- Above all, the Advocate General is the only non-member of the state legislature who has the right and power to take part in the proceedings of the legislature, as the Attorney General of the Union Government.