ARTICLE 243 P TO 243 W Schedule XII

ARTICLE 243 -P TO 243 -W Schedule XII

Introduction � � Part XI-A was added to the constitution by the constitution(73 rd Amendment) act, 1992. This amendment has added 18 new articles and a new schedule relating to urban local bodies in the constitution. This provides for three types of municipal corporations and reservation of seats in every municipality for SC, ST and women. This amendment empowers state legislature to confer necessary powers and duties upon municipalities.

Constitution of municipalities: � � Art. 243 Q provides for the establishment of the following 3 types of municipal corporations for urban areas: 1) Nagar Panchayats : for transitional area, that is to say, an area is transition from rural area to urban area, 2) Municipal councils for smaller urban area, and 3) Municipal corporation for a larger urban area.

A municipality however , here may not be constituted in such urban area , if the governor having regard to the size of area &municipal services being provided: By an industrial establishment in that area and such other factor as he deem fit, by public notification specify to be an industrial township.

Composition of municipality: � � Art. 243 R, provides all the seats in a municipality shall be filled by person chosen by direct election from territorial constituencies in that Area. these constituencies known as wards. The legislature of a state may by law , provides for the representation in the municipality of the following ways:

� � � 1) Person having special knowledge to municipal administration 2) Member of the Lok Sabha and the legislature assembly of the state representing constituencies which comprise wholly or partly the municipal area. 3)Members of the Rajya Sabha and legislative council of the state registered as electors within the municipal area. 4)the chairpersons of the committee constituted under clause 5)of article 243 S. However the person in clause 1) shall not have right to vote in the meeting of municipality.

Constitution and composition of wards committees: � � Art. 243 S, provides for constitution of wards commitees consisting of one or more wards, within the territorial area of a municipality having a population of 3 lakh or more. The legislature of state may by law make provision with respect to: A)the composition and the territorial area of a wards committee; B) the manner in which the seats in a wards committee shall be filled.

� A member of municipality representing a ward shall be a member of that committee. Where it consist of one ward then the member representing shall be the chairperson of the committee. . and where it consist of more than one ward then chairperson must be elected from the members.

Reservation of seats in municipalities: � Art. 243 T, provides for the reservation of seats for the members of SC, ST. the no. of seats reserved for them shall be as nearly as may be in same proportion to the total no of seats to be filled by direct election in that municipality as the population of the SC and ST in the municipal area bears to the total population of that area and such seats may be alloted by the rotation to different constituencies in a municipality.

� � � Out of total seats 1/3 seats shall be reserved for women belonging to SC, ST. and 1/3 seats shall be reserved for women as provided by the state legislature. Saraswati devi v/s shanti devi Provision For the reservation of seats for BC also made under the law.

Duration of municipalities: � � � 5 year from the first meeting of municipalities. an election to constitute a municipality shall be completed : 1)before the expiry of its duration 2)before the expiration of 6 months from the date of its dissolution. A municipality constituted upon the dissolution shall continue only for remainder period.

Disqualification for membership: � Art. 243 V , if: � 1)disqualified by legislature of the state concerned for election purpose. . � 2)if disqualified by state legislature.

Powers , authorities and responsibilities of municipalities: � � Art. 243 W, With such powers as may be necessary to function and responsibilities with certain conditions.