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Tamil Nadu Legislative Assembly Quinquennial

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Tamil Nadu Legislative Assembly Quinquennial TAMIL NADU LEGISLATIVE ASSEMBLY QUINQUENNIAL REVIEW 1977-80 © GOVERNMENT OF TAMIL NADU 1980 PRINTED BY THE DIRECTOR OF STATIONERY AND PRINTING, MADRAS, ON BEHALF OF THE GOVERNMENT OF TAMIL NADU 1980 PREFACE The Review of the Sixth Tamil Nadu Legislative Assembly covers a period from July 1977 to February 1980. The previous Reviews, in this series were published in 1957, 1962, 1967, 1971 and 1977. The title of the publication has been changed as sometimes the period covered is not the full term of five years as contemplated in the Constitution. Hence, instead of being a Quinquennial Review, it is a Review of the Assembly from the date of its summoning after General Elections to the date of its dissolution. This Review as in the previous occasions, gives a complete yet concise summary of business transacted by the Sixth Tamil Nadu Legislative Assembly from 4th July, 1977 to 17th February 1980. In addition to the business actually transacted in the House, a summary of work done by the Legislature Committees, the Tamil Nadu Branch of Commonwealth Parliamentary Association, a brief report on Biennial Elections to the Legislative Council and Council of States by the Members of the Legislative Assembly and a short administrative Report of the Legislative Assembly Department have also been included in this Report. References to the Rules of Procedure are also given at the beginning of each chapter wherever necessary. It is hoped that this publication would be useful as a book of reference. A few photographs taken in connection with important visits of Parliamentary delegations and activities in the Assembly are also added. Any suggestion to make this publication more useful will be thankfully received and incorporated in the next Review. Fort St. George, G.M. ALAGARSWAMY, Mardas-600009. Secretary. Dated: 10th April 1980. Legislative Assembly. CONTENTS SECTION I Chapters Page I The State Legislature-Origin and Evolution 1 II Tamil Nadu State and Tamil Nadu Legislative Assembly 7 III General Elections 1977 and Bye Elections 8 IV The Governor and the Cabinet 12 V Legislative Assembly (A) Chamber of the House and Galleries 19 (B) Sessions and Sittings 20 (C) Oath or Affirmation of Members 21 (D) Arrangement of Business 23 VI Presiding Officers 24 VII Leader of the House, Leader of Opposition and Government Chief Whip 26 VIII Leave of Absence for Members 28 IX Governor’s Address 29 X Rules of Procedure of the Tamil Nadu Legislative Assembly (A) History of Rules of Procedure 30 (B) Committees on Rules 34 XI Questions 35 XII “Call Attention” Notices on matters of urgent public importance 40 XIII Adjournment Motions 41 XIV Discussion on urgent matters of administration 42 XV Motions of “Want of Confidence in the Ministry” and Motions of Disapproval of the Policy of the Ministry 43 XVI Statement by a Minister on a matter of Public Importance 45 XVII Legislation, Bills, Ordinances 46 XVIII Financial Business 65 XIX Motion and Resolutions 69 XX Privileges and Committee on Privileges 79 XXI Committees of the House A. Committee on Estimates 101 B. Committee on Public Accounts 105 C. Committee on Public Undertakings 110 D. Business Advisory Committee 114 E. Committee on Delegated Legislation 114 F. Committee on Government Assurances 117 G. House Committee 119 XXII Papers Placed on the Table of the House 120 XXIII Disclosure of Assets of Members of the Legislature 123 XXIV Divisions 125 XXV Official Report of the proceedings of the Assembly 126 XXVI Election by Members (A) Presidential Election 128 (B) Council of States 128 (C) Tamil Nadu Legislative Council 130 (D) Election to the Statutory Bodies 131 XXVII-Legislative Assembly Department 134 XXVIII-Tamil Nadu Legislature Library 141 XXIX Reference and Research Section 143 XXX Commonwealth Parliamentary Association 146 SECTION II Table No. I to L 151-318 REVIEW OF THE WORK TRANSACTED BY THE SIXTH TAMIL NADU LEGISLATIVE ASSEMBLY 1977-80 ----- CHAPTER I THE STATE LEGISLATURE-ORIGIN AND EVOLUTION When on the last day of 1600 Queen Elizabeth signed the Charter of the East Indian Company, no one in his wildest dreams could have imagined that she was laying the foundations for the acquisition of a mighty Empire. The Constitutional doctrine that all acquisitions of Sovereignty by a subject are and can be only on behalf of the Crown, has ever been part of the law of England and when after the battle of Plessey, the East Indian Company found themselves in possession of an Empire, though nominally as delegates of the Moghul Emperor, Parliament intervened with the Regulating Act. The Act of 1784 which followed establishment a dual system of control by the Company and a Parliamentary Board which survived till the direct assumption of sovereignty by the Crown of England in 1858. To start with, the Presidencies were independent of each other, but the Regulating Act termed the Governor of Bengal as the Governor-General of Bengal and made him the Supreme Head of all the Presidencies. At the same time the Legislative Power in the Presidencies was recognised. This state of things was however discontinued by the Charter Act of 1833 which concentrated all Legislative Power in the Governor-General in council and deprived the Local Government of their power of independent legislation. The grave inconveniences resulting from such a system led to its reversal in the Indian Council Act, 1861. From them onwards, the power of the Provincial Legislatures has always been on the increase and under the Government of India Act, 1935. The Provinces became co-equal in the Federal system. This can be considered as the culmination of the process started in 1861. The various developments can be briefly traced from the Charter Act of 1833. This Act for the first time provided the addition of a fourth member to the Governor-General in Council for the sole purpose of legislation. He was to be known as the Law Member. Neither his presence nor his concurrence was necessary for the passage of any Law. The Act extinguished the independent legislative powers of the Governors-in-Council of Madras and other Presidencies and vested legislative powers solely in the Governor-General-in-Council. The laws passed by the Government of India were to be called Acts. Before 1833, the enactments of Bombay , Madras and Bengal were known as regulations .The Presidency 2 Governments, as they were then called, were authorized merely to submit drafts or projects of any laws regulations deemed expedient or necessary to the Governor-General-in-Council. The Charter Act of 1853, which marked the next stage in the evolution of the legislatures, made the Law Member of the Governor-General-in-Council, a full member. In all the Legislative Council in its legislative capacity consisted of 12 members. Those were the Governor-General, Commander-in-Chief, four Council Members and Six Legislative Members. Out of these Six Members four were representative of the provinces and the other two were the Chief Justice of the Supreme Court of Calcutta and a puisne Judge. From 1833 to 1861, the Governor-General -in-Council was the sole administrative as well as the Legislative authority. The Indian Council Act of 1861constituted a great landmark in the growth and development of the Legislatures. The Act for the first time associated with the Governor- General's Executive Council a small number of additional members half of them being non- officials and provided for the addition of not less than six and not more than 12 nominated members to the Governors-General's Council and the function of the new Legislative Council were limited wholly to Legislation . The Act also restored the Legislative powers of the Council of the Governor of Madras which was enlarged for Legislative purposes by the addition of the Advocate-General and of four to eight members nominated by the Governor. The consent of the Governor and the Governor General was made necessary for all legislation passed or amended by the Governor of Madras and Bombay. The Act thus sowed the seed for the future Legislature as an independent entity separate from the Executive Council. The Legislative Council so established were however mere advisory Committees by means of which Government obtained advice and assistance in their work of legislation and the public derived the advantage of full publicity being ensured at every stage of the legislative process. The Councils were not deliberative bodies with respect to any subject but that of the immediate Legislation before them. The next milestone in the evolution of the Legislatures was reached when the Indian Council Act of 1892 was passed by which the number of additional members of the Central Legislature was increased but it was not to be less than ten and not more than sixteen in the case of the Supreme Council and not less than eight and not more than twenty in the case of Madras. Two-fifths of the additional members were to be officials. Non-officials Members were recommended by the district board, universities, municipalities and other associations. 3 This Act enlarged the function of the Council in two respects, namely, the Council could discuss the annual financial statement and ask questions subject to certain limitations, Members were to hold office for two years. The seed sown by the Act of 1861 was quickened into life by the Act of 1909, popularly known as Minto-Morley Reforms. The Act Still further enlarged the Legislative Councils both of the Governor-General and of the Provinces. It introduced for the first time the method of election though not yet direct election, and thus helped to quicken into life the seed of representative institutions.
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