Professional Documents
Culture Documents
CHAPTER - II
The genesis of the legislature in India can be traced back to the eighteenth
century, when the present Tamil Nadu was a residuary part of the erstwhile Madras
Presidency. The said presidency comprised the present Tamil Nadu and some parts
of the present states of Orissa, Kerala, Karnataka and present Andhra Pradesh
excluding the former native of Nizam. Besides, Madras Presidency, there were two
Governor was in charge of each presidency and they were independent of each other.
In 1773, the British Parliament enacted The Regulating Act, 1773, whereby the
Governor of Bengal was designated as the Governor General and made the supreme
head of all the presidencies. At about the same time, the legislative power in the
2.1.1 The Charter Act 1833, provided for the addition of a fourth member to the
Governor-General in council for the sole purpose of legislation, and concentrated all
the legislative powers in the Governor-General –In Council. It deprived the local
2.1.2 The Charter Act 1853, which marked the next stage in the evolution of the
legislatures, made the law member of the Governor – In- Council a full member and
the Chief Justice of Bengal, one other supreme court judge and one paid
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General-in Council consisted of 12 members. This enlarged council paved the way
for establishing the first Legislative body in India. From 1833 to 1861, the Governor
General in Council was the sole administrative as well as the Legislative authority.
2.1.3 The Indian Councils Act 1861 constituted a great landmark in the growth and
development of the Legislatures. The Act for the first time associated with the
Bombay, 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
Council were limited wholly to legislation and this act restored the legislative power
taken away by the Charter of 1833. The Legislative Council of the Madras
Presidency was given the power to make laws for “peace and good government”.
The Council of the Governor of Madras was enlarged for the legislative purposes by
the addition of the Advocate – General and four to eight adhoc members of whom at
least half were to be non-officials nominated by the Governor for a period of two
years. The Act thus sowed the seed for the future Legislative as an independent
entity separate from the Executive Council. The Provincial Legislative Councils
advice and assistance. The Provincial Legislative Council could not interfere with
2.1.4 The Indian Councils Act of 1892 was passed by which the number of
the number of additional members of the Madras Legislative Council was raised to a
maximum of 20, of which not more than nine had to be officials. Non-official
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other associations.
2.1.5 The Government of India Act 1919, which embodied the Montagu-
Chelmsford reforms is but the natural and inevitable sequel to the long chapter of
Governor was empowered with overriding powers. If he considered that any Bill,
disturb peace and tranquillity in any part of the province he could reject the bill.
Similarly, if the members of the Legislative Council decided to reject a bill relating
could certify that such a bill was very essential for the functioning of the
Government and then the Bill was deemed to have obtained the sanction of the
The Madras Legislative Council was set up in 1921 under the Government of
India Act 1919. The term of the Council was for a period of three years. It consisted
of 132 members of which 34 were nominated by the Governor and the rest were
elected. It met for the first time on 9th January 1921 at Fort St. George, Madras. The
Council was inaugurated by the Duke of Connaught, a paternal uncle of the King of
England, on 12th January 1921 based on the request made by Governor Lord
Wellington. The Governor addressed the Council on 14th February 1921. The
Second and Third Councils, under this Act were constituted after the general
elections held.
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evolution of the legislatures. The Act provided for an All-India Federation and the
constituent units of the Federation were to be the Governor’s Provinces and the
State to the Federation was optional. The Federal Legislature was to consist of two
Houses of Assembly called the Federal Assembly and the Council of States. The
Federal Assembly was to consist of 375 members, 125 being representatives of the
provinces were to be elected not directly by the Provincial Assemblies. The term of
the Assembly was fixed as five years. The Council of State was to be a permanent
body not subject to dissolution, but one-third of the members should retire every
three years. Although, the Government of India Act was passed in 1935, only that
part relating to the Provinces came into operation in 1937. The first Madras
Legislative Assembly under this Act was constituted in July 1937 after general
elections.
2.1.8 The Indian Independence Act 1947, constituted the culmination of the origin
and growth of the Indian Legislatures from modest expansions of the Executive
Councils of the Governor-General and the Governors in the Provinces into separate
sovereign legislative bodies. The Act created two independent Dominions in India
known respectively as India and Pakistan. The paramount of the British Crown
lapsed and the power of the British Parliament to legislate for India ceased. The
Federal Legislature of India became sovereign and the power of the Legislature
became exercisable by the Constituent Assembly which was not subject to any
limitation whatsoever. Until the new Constitution was framed, the Government of
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India Act of 1935, subject to certain adaptations and modifications, remained the
Constitutional Law of India. The Constitution of India came into force with effect
from 26th January 1950 and the existing legislature was allowed to function as
provincial Legislatures.
The Governor of Tamil Nadu is the constitutional head of the state whereas
the Chief Minister of the state heads the government and also the council of
ministers. Tamil Nadu has a population of 7,21,38, 958 as per census 2011 and
covers an area of 1,30, 058 km. The state is divided for administrative purpose into
municipalities, 385 Panchayat unions, 561 town Panchayat and 12, 524 village
by a separate minister for each ministry. At district level District Collectors head all
the departments of the state Government. The list of ministries and the department
Minor Ports
Animal
Animal Husbandry
Husbandry
Handlooms and
Handlooms and Textiles
Textiles
Commercial
Commercial Taxes and Registration and
Taxes and
Stamp Act
Registration
Information
Information Technology
Technology
The levy and collection of land revenue, cess, lease rent and execution of
It is related to execution of the law and order as required in any area, for its
management and is in - charge for the issue of licenses under various Acts.
sanction of pension for old age people, physically handicapped, destitute widows,
relief scheme and accident relief scheme”. This department is also responsible for
the maintenance of government lands and responsible for transfer of lands for other
flood etc” and undertakes all remedial actions for the same. It assumes the
responsibility of placing the people in a safe place when they are in trouble and
provide them the basic amenities like food, water, shelter and other assistances.
assembly, the local bodies major work of electoral rolls preparation was carried out
by this department through the power of district collectors under the supervision of
commissioner of revenue department or any other people specially assigned for the
same. They are assisted by various officers such as “district revenue officers, deputy
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department are supervised by joint secretary, additional secretary, and other staff
members.
The department is responsible for carrying out all the functions with the help
of clear cut objectives such as “providing efficient delivery of services of various
government schemes to the people of Tamil Nadu, providing relief and
implementing rehabilitation measures for those affected by natural calamities,
functioning as the custodian of government lands and ensuring proper maintenance
of land records for the state, implementation of land reforms and providing land to
the needy and eligible persons”.
In order to carry out the above mentioned objectives, the following offices
are functioning under the department:“Commissioner of Revenue Administration,
Disaster Management and Mitigation, Commissioner of Land Administration,
Commissioner of Land Reforms, Commissioner of Survey and Settlement and
Directorate of Urban Land Ceiling and Land Tax”.
Various functions of the department are carried out through the district
collector, district revenue officer, revenue divisional officer at district level and
serves as the backbone of the entire administrative set up of the state. It has a wide
range of well reputed network throughout the state, from all the cities to the villages,
programmes are executed through this department. In the early years, the revenue
department was considered as the primary department which carried out various
order, conducting election etc, The revenue department, due to its well-built
administrative setup, plays an essential role at the time of natural calamities like
floods, cyclone, earth quake, drought, Tsunami, landslide etc., besides the role of
administration of land. At the state level, the activities are done by “various heads of
settlement and commissioner of urban land ceiling and urban land tax”. At the
district level, with the efficient leadership of the district collector, revenue functions
administrative officers”.
preparation of national population register and distribution of freebies like sarees and
dhoties, fan, mixie, laptop, cycle and grinder also”. The land administration
performing the duties of “land acquisition, alienation, assignment of lands and house
site pattas, maintenance of survey and land records and distribution of land pattas”.
The land reform department headed by the principal secretary/ commissioner of land
“Uzhavar padhukaapu scheme”. The urban land ceiling and urban land tax
department is headed by the commissioner of urban land ceiling and urban land tax”.
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The survey and land records department headed by the principal secretary/
positioning system and updating of land records” etc., At the district level, collectors
and district revenue officers, tahsildars, sub inspectors of survey, revenue inspectors,
level which normally plays an important role. This department, “besides looking
after the issue of various certificates, implementation of social security schemes and
public welfare schemes is also responsible for relief and restoration measures during
natural calamities”. There are “32 districts, 77 revenue divisions, 229 taluks, 1136
firkas and 16671 revenue villages in Tamil Nadu state”. In addition to this, it is
public in general.
• Patta Transfer
Mahatma Gandhiji said, “India lives in villages”. It is true even today. More
than 50% of population lives in rural areas without even basic amenities like shelter,
protected drinking water, school, hospital, electricity and proper road facility.
Government of Tamil Nadu being a welfare state, the purposeful endeavours of the
government are aimed at social, economic and political upliftment of the people in
the rural areas. Rural development aims at improving the rural lives with the
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participation of the rural masses. The concept of rural development targets the
socio - economic development in Tamil Nadu and is concerned with the economic
growth, social justice and improvement in the living standards of the rural people, by
essential minimum needs. The primary objective of the government is the provision
of basic infrastructure facilities and social upliftment services in the rural areas and
assistance to the individual families and self help groups living below the poverty
line. Elimination of poverty and delivery of high quality services are the basic
premises upon which the planning of rural development is based and concerted
efforts of this government have improved the living standards and set the benchmark
for the quality of rural lives. Hence, rural development planning to accomplish the
above objectives was done at the Panchayat levels, which are the basic structural
units of development process. But, rural people consider that the planning process
should be done at the habituation level for fulfilling all their basic needs. To fulfil
the people’s expectation, this government is committed to take up the planning and
12,620 village Panchayats in the state, 96 village Panchayats are merged with
with 79,394 habitations and only a micro level planning at habitation level shall pave
the way for reducing the rural urban divide. Further, the rate of increase in the
percentage of urbanisation of rural Tamil Nadu over the past decade indicates a
blatant migration of people to the urban and semi urban areas and this can be
checked only if the amenities available in urban areas are provided in the rural areas.
The government proposes to introduce a new scheme where the planning will be
taken to the habitation level and the requirements of the habitations shall be
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addressed on felt need basis. This will be a paradigm shift in rural planning and
implementation. The new scheme will be called as Tamil Nadu Village Habitation
Improvement scheme (THAI). Affordable housing has been a critical issue of great
challenge for the homeless, low income rural masses. For the first time in the
provide houses of 300 sq.ft each to the eligible rural masses and these free dwelling
units shall improve the welfare and livelihoods of the people living in the rural areas.
Cost effective, fast track technologies and green technologies like solar home
lighting systems will be used in the construction of the houses. Reduction of poverty
has been of paramount concern in independent India. Basic human needs such as
water, food, clothing, shelter, health care and education have not been available at
socially acceptable levels. Affordability of the rural poor was the prime question,
needs. Though the government, both centre and state, introduced various schemes to
reduce the poverty levels Mahatma Gandhi National Rural Development Guarantee
Act was enacted as a law in the parliament in 2005 to guarantee a minimum of 100
(http://www.assembly.tn.gov.in/history/history.htm)
The history of the local self governance in Tamil Nadu can be traced back to
Kancheepuram District, which bear evidence to the well established local self
governance during the Chola imperial period. It is inscribed on the walls of the
village assembly made of granite slabs that the village had a perfect electoral system
and a written constitution prescribing the mode of election. This inscription can be
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dated around 920 AD in the reign of Parantaka Chola, which demonstrates the
perfect electoral system that existed in ancient India. It was a system of democracy
in monarchy where the members of the village council were elected through a
process of secret ballot called ‘Kuda Ola Murai’ and these councils functioned as
self contained economic administrative entities. The system of secret ballot is the
system of forerunner for today’s electoral system. A huge mud pot (kudam) was
placed at an important location of the village, which served as a ballot box. The
voters had to write the name of the desired candidate on the palm leaf (panai olai)
and drop it in the pot. At the end of the process, the leaves were taken out of the pot
and counted candidate-wise and whoever got the highest number of votes was
selected as the member of the village council. It is also interesting to note that
eligibility criteria and norms of disqualification had been prescribed for those who
contested for the village council. With the advent of the British rule, the system of
local self governance slowly disintegrated and the industrialisation that followed
the local self governance. However, the British presented a modified concept of local
The District Board Fund was conceptualised in 1854, and the Madras Local
Fund Act 1871 was later enacted by Governor Mayo. Local Fund Boards were set up
in their respective areas and were devolved with certain functions. Madras Local
Board Act, 1884 was the outcome of the Lord Ripon’s Local Self Government
Resolution of 1882, which ushered in the 3 tier system of local boards namely
District boards, taluk boards and union of villages. In 1920, Madras Panchayat act
was repealed and village Panchayat came under the purview of Madras Local Boards
Act 1920 by an amendment to the act in 1930. Though self governance was
absolute control over the local bodies through a inspector of municipalities and local
boards.
Panchayat Act 1950 for devolving greater powers to the Panchayat. Article 40 in part
iv of the constitution provided for the organisation and endowment of powers to the
Panchayat. The district boards looked after health and education and the Panchayat
undertook various activities to fulfil the basic needs of the people. A model
Panchayat union comprising some village Panchayats was set up in Madurai in 1951.
submitted its report in January 1957 and recommended the establishment of the
whereas the Panchayat Samiti and Zilla Parishad should be constituted with the
indirectly elected members. All the Planning and Development activities should be
entrusted to the three tier local bodies. (http://www.assembly.tn.gov.in/history/history.htm)