Indian Constitution Download PDF Archives | Page 2 of 3

Municipalities and Planning Committees | Indian Constitution Download PDF

December 14, 2016 by Sastry Leave a Comment

Municipalities and Planning Committees | Indian Constitution Download PDF

PART IXA which has come into force on 1-6-1993 gives a constitutional foundation to the local self-government units in urban areas. In fact such institutions are in existence all over the country.
Some of the provisions are similar to those contained in Part IX, e.g. Reservation of Seats, Finance Commission, Election Commission etc.
This part gives birth to two types of bodies:
(i) Institutions of self-government [Art. 243Q], and
(ii) Institutions for planning [Arts. 243ZX and 243 ZE].
Institutions of self-government, called by a general name “municipalities” are of three types:
(a) Nagar Panchayat, for a transitional area, i.e. an area which is being transformed from a rural area to an urban area.
(b) Municipal Council for a smaller urban area.
(c) Municipal Corporation for a larger urban area.
Article 243Q makes it obligatory for every State to constitute such units. But if there is an urban area or part of it where municipal services are being provided or proposed to be provided by an industrial establishment in that area then considering also the size of the area and other factors the Governor may specify it to be an industrial township. For such an area it is not mandatory to constitute a Municipality.

Composition of Muncipalities

The members of a municipality would generally be elected by direct election. The Legislature of a State may by law Municipalities. provide for representation in a municipality of (i) persons having special knowledge or experience in municipal administration, (ii) Members of Lok Sabha, State Assembly, Rajya Sabha and Legislative Council, and (iii) the Chairpersons of Committees constituted under Cl. (5) of Art. 243S. The Chairperson shall be elected in the manner provided by the Legislature.

Wards Committee

For one or more wards comprised within the territorial area of a municipality having a population of three lacs or more it would be obligatory to constitute Ward Committees. The State Legislature shall make provision with respect to its composition, territorial area and the manner in which the seats in a ward committee shall be filled.

Other Committees

It is open for the State Legislature to constitute Committees in addition to the wards committees.

Reservation of seats for scheduled castes and Scheduled Tribes

As in Part IX reservations of seats are to be made in favour of the Scheduled Castes and Scheduled Tribes in every Municipality.

Reservation for women

Out of the total number of seats to be filled by direct elections at least Reservation for I/3rd would be reserved for women. This includes the women. quota for women belonging to Scheduled Castes and Tribes.

Reservation of offices of Chairpersons

It has been left to the State legislature to prescribe by law the manner of reservation of the offices of the Chairpersons of Municipalities.
All reservations in favour of Scheduled Castes and Tribes shall come to an end with the expiry of the period specified in Art. 334.
It is permissible for a State Legislature to make provisions for reservation of seats or offices of Chairpersons in favour of backward classes.

Duration of Municipalities

Every Municipality shall continue for five years from the date of its first meeting. But it may be dissolved earlier according to law. Article 243 further prescribes that before dissolution a reasonable opportunity of being heard must be given to the municipality. Elections to constitute a Municipality shall be completed before the expiry of the period of five years. If the Municipality has been superseded before the expiry of its term, the elections must be completed within six months of its dissolution. A Municipality constituted after its dissolution shall continue only for the remainder of the term. But if the remainder of the period is less than six months it shall not be necessary to hold elections.
It has been provided that no amendment of the law in force shall cause dissolution of a Municipality before the expiry of the five years term.

Qualification for membership

Article 243V lays down that all persons who are qualified to be chosen the State legislature shall be qualified for being a member of a Municipality. There is an important difference. Persons who have attained the age of 21 years will be eligible to be a member. While the constitutional requirement is that for election to the State legislature of a State a person must have attained the age of 25 years [Art. 173].

Powers authority and responsibilities of Muncipalities

Legislatures of States have been conferred the power [Art. 243W] to confer on the Municipalities all such powers and authority as Powers, authority be necessary to enable them to function as institutions self-government. it has specifically been mentioned that they may be given the responsibility of
(a) preparation of plans for economic development and social justice, (b) implementation of schemes as may be entrusted to them, and (c) in regard to matters listed in the 12th schedule. This schedule contains 18 items, e.g. Urban Planning, Regulation of Land Use, Roads and Bridges, Water Supply, Public Health, Fire Services, Urban Forestry, Slums, etc.

Power to impose taxes and financial resources

A State Legislature may by law authorise a Municipality to levy, collect and appropriate taxes, duties, tolls etc. The law may lay down the limits and prescribe the procedure to be followed. It can also assign to a Power to impose Municipality various taxes, duties etc. collected by the State Government. Grants-in-aid may be given to the Municipalities, from the Consolidated Fund of the State.

Panchayat Finance Commission

The Finance Commission appointed under Art. 243-1 shall also review the financial position of the Municipalities and make recommendations as to—
(a) the distribution between the State and the Municipalities of the net proceeds of taxes, duties, tolls and fees leviable by the State which may be divided between them and allocation of shares amongst different levels of Municipalities.
(b) the taxes, duties, tolls and fees that may be assigned to the Municipalities.
(c) grants-in-aid to the Municipalities.
(d) the measures needed to improve the financial position of the Municipalities.
(e) any other matter that may be referred to it by the Governor.

Elections to Muncipalities

The State Election Commission appointed under Art. 243K shall have the power of superintendence, direction and control of (i) preparation of electoral rolls for, and (ii) the conduct of all elections to the Municipalities. State Legislatures have been vested with necessary power to regulate by law all matters relating to elections to Municipalities.

Bar to interface by courts in electoral matters

The courts shall have no jurisdiction to examine the validity of a law, Bar to interference relating to delimitation of constituencies or the by courts in allotment of seats made under Art. 243ZA. An election to a Municipality can be called in question only by an election petition which should be presented to such authority and in such manner as may be prescribed by or under any law made by the State Legislature.

More Resources

Panchayats | Indian Constitution Download PDF

December 13, 2016 by Sastry Leave a Comment

Panchayats | Indian Constitution Download PDF

3-tier system

PART IX of the Constitution envisages a three-tier system of Panchayats, namely, (a) The village level; (b) The District Panchayat at the district level; (c) The Intermediate Panchayat which stands between the village and district Panchayats in the States where the population is above 20 lakhs.

Composition

All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area. The electorate has been named ‘Gram Sabha’ consisting of persons registered in the electoral rolls relating to a village comprised within the area of a Panchayat. In this way representative democracy will be introduced at the grass roots.

The Chairperson of each Panchayat shall be elected according to the law passed by a State and such State Law shall also provide for the representation of Chairpersons of Village and Intermediate Panchayats in the District Panchayat, as well as members of the Union and State Legislature in the Panchayats above the village level.

Reservation of seats for Scheduled and Scheduled Tribes.

Article 243D provides that seats are to be reserved for (a) Scheduled Castes, and (b) Scheduled Tribes. The reservation shall be in proportion to their population. If, for example, the Scheduled Castes constitute 30% of the population and the Scheduled Tribes 21%, then 30% and 21% seats shall be reserved for them respectively.

Out of the seats so reserved not less than l/3rd of the seats shall be reserved for women belonging to Scheduled Castes and Scheduled Tribes, respectively.

Reservation for Women

Not less l/3rd of the total number of seats to be filled by direct elections in every Panchayat shall be reserved for women.

Reservations of offices of Chairpersons

A State may by law make provision for similar offices of reservation of the offices of Chairpersons in the Chairpersons. Panchayats at the village and other levels.
These reservations favouring the Scheduled Castes and Tribes shall cease to be operative when the period specified in Art. 334 (at present 70 years i.e., upto 24-1-2020).

A State may by law also reserve seats or offices of Chairpersons in the Panchayat at any level in favour of backward classes of citizens.

Duration of Panchayat

Every Panchayat shall continue for five years from the date of its first . meeting. But it can be dissolved earlier in accordance with procedure prescribed by State law. Elections must take place before the expiry of the above period. In case it is dissolved earlier, then the elections must take place within six months of its dissolution. A Panchayat reconstituted after premature dissolution (i.e. before the expiry of the full period of five years) shall continue only for the remainder of the period. But if the remainder of the period is less than six months it shall not be necessary to hold elections.

Qualification for membership

Article 243F provides that all persons who are qualified to be chosen to the State Legislature shall be qualified to be chosen as a member of a Panchayat. The only difference is that a person who has attained the age of 21 years will be eligible to be a member (in case of State Legislature the prescribed age is 25 years—Art. 173). If a question arises as to whether a member has become subject to any disqualification, the question shall be referred to such authority as the State Legislature may provide by law.

Powers Authority and Responsibilities of Panchayats

State Legislatures have the legislative power, to confer on the Panchayats such powers and authority as may be necessary to enable them to function as institutions of self- government [Arts. 243G-243H], They may be entrusted with the responsibility of (a) preparing plans for economic development and social justice, (b) implementation of schemes for economic development and social justice, and (c) in regard to matters listed in the Eleventh Schedule (inserted by the 73rd Amendment). The fist contains 29 items, e.g., land improvement, minor irrigation, animal husbandry, fisheries, education, women and child development etc. The 11th Sch. thus distributes powers between the State Legislature and the Panchayat just as the 7th Sch. distributes powers between the Union and the State Legislature.

Powers to Impose taxes and Financial Resources

A State may by law authorise a Panchayat to levy, collect and appropriate taxes, duties, tolls etc. The law may lay Powers to impose down the procedure to be followed as well as the limits of these exactions. It can also assign to a Panchayat various taxes, duties etc. collected by the State Government. Grants-in-aid may be given to the Panchayats from the Consolidated Fund of the State.

Panchayat Finance Commisions

Within one year from 25th April 1993, i.e. the date on which the Constitution 73rd Amendment came into force and afterwards every five years the State Government shall appoint a Finance Commission to review the financial position of the Panchayats and to make recommendations as to—
(a) the distribution between the State and the Panchayats of the net proceeds of taxes, duties, tolls and fees leviable by the State which may be divided between them and how allocation would be made among various levels of Panchayats;
(b) what taxes, duties, tolls and fees may be assigned to the Panchayats;
(c) grant-in-aid to the Panchayats.
The report of the Commission, together with a memorandum of action taken on it, shall be laid before the State Legislature. These provisions are modelled on Art. 280 which contains provisions regarding appointment of a Finance Commission for distribution of finances between the Union and the States.

State Election Commission.

Article 243K is designed to ensure free and fair elections to the Panchayats.

Article 243K provides for the Constitution of a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor. Powers of superintendence, direction and control of elections to the Panchayats, including preparation of electoral rolls for it shall vest in the State Election Commission. To ensure the independence of the Commission it is laid down that State Election Commissioner can be removed only in the same manner and on the same grounds as a Judge of a High Court. The State Legislatures have the power to legislate on all matters relating to elections to Panchayats.

Bar to interface by courts in electoral matters

As under Art. 329, courts shall have no jurisdiction to examine the validity of a law, relating to delimitation of constituencies Bar to or the allotments of seats, made under Art. 243K.
An Election to a Panchayat can be called in question ’ only by an election petition which should be presented to such authority and in such manner as may be prescribed by or under any law made by the State Legislature.

More Resources

Indira – Abdullah Agreement of 1975 | Indian Constitution Download PDF

December 13, 2016 by Sastry Leave a Comment

Indira – Abdullah Agreement of 1975 | Indian Constitution Download PDF

Notwithstanding the liberal measures introduced in the State by the adoption of a separate State Constitution, the pro-Pakistani elements in Jammu & Kashmir continued their agitation for the holding of a plebiscite to . finally determine whether the State should accede to Inidia or Pakistan and there were violent incidents initiated by the ‘Plebiscite Front’,—a pro-Pakistani party which had been formed with the avowed object of secession from India. Sheikh Abdullah got involved in these anti-Indian movements and went on criticising the Indian policy towards the State, as a result of which he had to be placed under preventive detention in 1955. After a short release in 1964 on the profession of a changed attitude, he again went wrong, so that he was again detained in 1965 under the D.I.R., and eventually extemed from the State in 1971. This was followed by a period of blowing hot and cold, leading to a series of negotiations between the representatives of India and the Plebiscite Front, and an agreement was eventually reached and announced, on February 24, 1975.

The net political result of this Agreement was that the demand for plebiscite was abandoned by Abdullah and his followers and, on the other hand, it was agreed that the special status of the State of Jammu & Kashmir would continue to remain under the provisions of Art. 370 of the Constitution of India, which was described as a ‘temporary’ measure, in the original Constitution. A halt was, thus, cried to the progress of integration of this State with the Union of India, which had started in 1954, by giving larger autonomy to the State Assembly in certain matters.

It should, however, be mentioned that owing to differences over matters arising out of the Agreement, it has not been implemented by issuing a fresh Presidential Order under Art. 370.

Implications of the Accession | Indian Constitution Download PDF

December 13, 2016 by Sastry Leave a Comment

Implications of the Accession | Indian Constitution Download PDF

Since the liberality of the Government of India has been misunderstood and misinterpreted in interested quarters, overlooking the legal implications of the Accession of the State to India, we should pause for a moment to explain these legal implications lest they be lost sight of in the turmoil of political events which have clouded the patent fact of the Accession.
The first thing to be noted is that the Instrument of Accession signed by Maharaja Hari Singh on the 26th October, 1947, was in the same form as was executed by the Rulers of the numerous other States which had acceded to India following the enactment of the Indian Independence Act, 1947. The legal consequences of the execution of the Instrument of Accession by the Ruler of Jammu & Kashmir cannot, accordingly, be in any way different from those arising from the same fact in the case of the other Indian States. It may be recalled that owing to the lapse of paramountcy unders. 7(1) (b) of the Indian Independence Act, 1947, the Indian States regained the position of absolute sovereignty which they had enjoyed prior to the assumption of suzerainty by the British Crown. The Rulers of the Indian States thus became unquestionably competent to accede to either of the newly created Dominions of India and Pakistan, in exercise of their sovereignty. The legal basis as well as the form of Accession were the same in the case of those States which acceded to Pakistan and those which acceded to India. There is, therefore, no doubt that by the act of Accession the State of Jammu & Kashmir became legally and irrevocably a part of the territory of India and that the Government of India was entitled to exercise jurisdiction over the State with respect to those matters to which the Instrument of Accession extended. If, in spite of this, the Government of India had given an assurance to the effect that the Accession or the constitutional relationship between India and the State would be subject to confirmation by the people of the State, under no circumstances can any third party take advantage of such extra-legal assurances and claim that the legal act had not been completed.

New States added since 1950 | Indian Constitution Download PDF

December 12, 2016 by Sastry Leave a Comment

New States added since 1950 | Indian Constitution Download PDF

Apart from those States which have merely changed their names [e.g., Madras has changed its name to Tamil Nadu; Mysore to Karnataka; United Provinces was renamed Uttar Pradesh immediately sifter the adoption of the Constitution), there has been an addition of various items in the list of States in the First Schedule to the Constitution, by reason of which a brief note should be given as to the new items to make the reader familiar as to their identity.

Andhra Pradesh

The State of ‘Andhra’ was created by the Andhra State Act, 1953, comprising certain areas taken out of the State of Madras, and it was renamed ‘Andhra Pradesh’ by the States Reorganisation Act, 1956.

Gujarat

The Bombay Reorganisation Act, 1960 split up the State of Bombay into two States, Gujarat and Maharashtra.

Kerala

The State of Kerala was created by the States Reorganisation Act, 1956, in place of the Part B State of Travancore-Cochin of the original Constitution.

Nagaland

Nagaland was created a separate State by the State of Nagaland Act, 1962, by taking out the Naga Hills-Tuensang area out of the State of Assam.

Haryana

By the Punjab Reorganisation Act, 1966, the 17th State of the Union of India was constituted by the name of Haryana, by carving out a part of the territory of the State of Punjab.

Karnataka

The State of Mysore was formed by the States Reorganisation Act, 1956, Karnataka out of the original Part B State of Mysore. It has been renamed, in 1973, as Karnataka.

Himachal Pradesh

Some of the Union Territories had, of late, been demanding promotion to the status of a State. Of these, Himachal Pradesh became the fore-runner on the enactment of the State of Himachal Pradesh Act, 1970, by which Himachal Pradesh was added as the 18th State in the list of States, and omitted from the list of Union Territories, in the First Schedule of the Constitution.

Manipur and Tripura.

In the same manner, Manipur and Tripura were lifted up from the status of Union Territories (original Part C States), by
the North-Eastern Areas (Reorganisation) Act, 1971.

Meghalaya

Meghalaya was initially created a ‘sub-State’ or ‘autonomous State’ Meehalava within the State of Assam, by the Constitution (22nd Amendment) Act, 1969, by the insertion of Arts. 241 and 371 A. Subsequently, it was given the full status of a State and admitted in the 1st Schedule as the 21st State, by the North-Eastern Area (Reorganisation) Act, 1971.

Sikkim

As has been explained earlier, Sikkim (a Protectorate of India) was given the status of an ‘associate State’ by the Constitution (35th Amendment) Act, 1974, and thereafter added to the 1st Schedule as the 22nd State, by the Constitution (36th Amendment) Act, 1975.

Mizoram

By the State of Mizoram Act, 1986, Mizoram was elevated from the status of a Union Territory to be the 23rd State in the Mizoram. 1st Schedule of the Constitution.

Arunachal Pradesh

By a similar process, statehood was conferred on the Union Territory of Arunachal Pradesh, by enacting the State of Arunachal Pradesh Act, 1986.

Goa

Goa was separated from Daman and Diu and made a State, by the Goa, Daman and Diu Reorganisation Act, 1987.

Chhattisgarh

Chhattisgarh was carved out of the territories of the Madhya Pradesh by the Madhya Pradesh Reorganisation Act, 2000.

Uttarakhand

Initially, Uttaranchal was created out of the territories of the Uttar Pradesh by the Uttar Pradesh Reorganisation Act, 2000. It was renamed as Uttarakhand by the Uttaranchal (Alteration of Name) Act, 2006.

Jharkhand

Jharkhand was created by carving out a part of the territories of the Bihar by the Bihar Reorganisation Act, 2000.

Telangana

Telangana was created by carving out a part of the territories of the Andhra Pradesh by the Andhra Pradesh Reorganisation Act, 2014.

« Previous Page