Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 243ZF 1992 – Part IXA Constitution (Seventy Fourth Amendment) Act Arts.243Q(2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India: Arts.243Q(2), 243ZF, Constitution(Seventy Fourth Amendment) Act, 1992 – Part IXA – LegislativeCompetence with respect to Urban Local Bodies – Appellant-Stateissued a notification declaring Gram Panchayat Roopbas, DistrictBharatpur as Municipal Board – The said notification waschallenged on the ground that the same was ultra-vires as nonotification was made public as contemplated under Art.243Q(2) –High Court accepted the challenge and held that declaration bythe State was beyond its legislative competence – Held: Art.243ZFof the Constitution mandates the State legislature to amend the StateLaws to make them in conformity with Part IXA – When Part IXAwas introduced, the Parliament was aware that the competentlegislature to legislate on the subject of the Urban Local Bodieswas the State Legislature but Part IXA gave constitutional status tothe Municipalities and therefore the State were put underconstitutional obligation to adopt Municipalities – Local Governmentfalls in Entry 5 List II of Seventh Schedule therefore state legislaturealone is competent to legislate in respect of municipalities providedthe same is not inconsistent with Part IXA – The scheme of Part IXAdoes not contemplate separate notification under Art.243 Q and ifthe notification is issued as per the Municipality Act enacted by theState which is not inconsistent with Art.243Q, then it fulfills theconstitutional requirement and the same cannot be held to be ultra-vires solely on the basis that the notification was not published underArt.243Q(2) – Rajasthan Municipalities Act, 2009.Constitution (Seventy Fourth Amendment) Act, 1992: Part IXA– Object of introducing Part IXA in the Constitution – Held: Objectsand reasons of introducing Part IXA were that local bodies hadbecome weak and ineffective on account of variety of reasons suchas failure to hold regular elections, prolonged supersessions andinadequate devolution of powers and functions – The Urban LocalBodies were also not able to perform effectively as vibrant democraticunits of self-government – Therefore, when Part IXA was introduced,Parliament was aware that the competent legislature to legislate onthe subject of the Urban Local Bodies was the State legislature butPart IXA of the Constitution had given constitutional status to theMunicipalities – The States were put under constitutional obligationto adopt Municipalities as per systems enshrined in the Constitution– Constitution of India. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2022 INSC 289 |
Petitioner | State Of Rajasthan |
Respondent | Ashok Khetoliya & Anr |
SCR | [2022] 2 S.C.R. 777 |
Judgement Date | 2022-03-10 |
Case Number | 1814 |
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