Article 233 of the Constitution of India

void or ever to have become illegal or void by reason only of the fact that such appointment, posting, promotion or transfer was not made in accordance withthe said provisions;] (b) no jurisdiction exercised, no judgment, decree, sentence or order passed or made, and no other actor proceeding done or taken, before the commencement of the Constitution (Twentieth Amendment) Act, 1966 by, or before, any person appointed, posted, promoted or transferred as a district judge in any State otherwise than in accordance with the provisions of article 233 orarticle 235 shall be deemed to be illegal or invalid or ever to have become illegal or invalid by reason only of the fact that such appointment, posting, promotionor transfer was not made in accordance with the said provisions.] 234. Appointments of persons other than district judges to the judicial service of a State shall be made bythe Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Courtexercising jurisdiction in relation to such State. 235. The control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to thejudicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this article shall be construed astaking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorising the High Courtto deal with him otherwise than in accordance with the conditions of his service prescribed under such law. 236. In this Chapter— (a) the expression "district judge" includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge ofRecruitment of persons other thandistrict judges tothe judicial service. Control over subordinate courts. Interpretation.THE CONSTITUTION OF INDIA (Part VI. —The States. —Arts. 233A—236.)118 a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions Judge; (b) the expression “judicial service” means a service consisting exclusively of persons intended tofill the post of district judge and other civil judicial posts inferior to the post of district judge. 237. The Governor may by public notification direct that the foregoing provisions of this Chapter and anyrules made thereunder shall with effect from such date asmay be fixed by him in that behalf apply in relation toany class or classes of magistrates in the State as theyapply in relation to persons appointed to the judicialservice of the State subject to such exceptions andmodifications as may be specified in the notification.Application of theprovisions of thisChapter to certainclass or classes ofmagistrates.THE CONSTITUTION OF INDIA (Part VI. —The States. —Arts. 236-237.)119 Part VII. —[The States in Part B of the First Schedule. ] Rep. by the Constitution (Seventh Amendment ) Act, 1956, s. 29 and Sch. 120 PART VIII 1[THE UNION TERRITORIES] 2[239. (1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by thePresident acting, to such extent as he thinks fit, throughan administrator to be appointed by him with suchdesignation as he may specify. (2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as theadministrator of an adjoining Union territory, and wherea Governor is so appointed, he shall exercise his functionsas such administrator independently of his Council ofMinisters. 3[239A. (1) Parliament may by law create 4[for the Union territory of 5[Puducherry]]— (a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for theUnion territory, or (b) a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law. (2) Any such law as is referred to in clause (1) shall not be deemed to be an amendment of this Constitutionfor the purposes of article 368 notwithstanding that itcontains any provision which amends or has the effect ofamending this Constitution.] 6[239AA. (1) As from the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, theUnion territory of Delhi shall be called the NationalAdministration ofUnion territories. Creation of local Legislatures orCouncil ofMinisters or bothfor certain Unionterritories. Special provisions with respect toDelhi. 1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 17, for the heading “THE STATES IN PART C OF THE FIRST SCHEDULE“. 2Subs. by s. 17, ibid ., for arts. 239 and 240. 3Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 4. 4Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for “for any of the Union territories of Goa, Daman and Diu and Pondicherry”(w.e.f. 30-5-1987). 5Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for “Pondicherry“ (w.e.f. 1-10-2006). 6Ins. by the Constitution (Sixty-ninth Amendment) Act, 1991, s. 2 (w.e.f. 1-2-1992). 121 Capital Territory of Delhi (hereafter in this Part referred to as the National Capital Territory) and the administratorthereof appointed under article 239 shall be designatedas the Lieutenant Governor. (2) (a) There shall be a Legislative Assembly for the National Capital Territory and the seats in such Assemblyshall be filled by members chosen by direct election fromterritorial constituencies in the National Capital Territory. (b) The total number of seats in the Legislative Assembly, the number of seats reserved for ScheduledCastes, the division of the National Capital Territory intoterritorial constituencies (including the basis for suchdivision) and all other matters relating to the functioningof the Legislative Assembly shall be regulated by lawmade by Parliament. (c) The provisions of articles 324 to 327 and 329 shall apply in relation to the National Capital Territory, theLegislative Assembly of the National Capital Territoryand the members thereof as they apply, in relation to aState, the Legislative Assembly of a State and the membersthereof respectively; and any reference in articles 326 and329 to “appropriate Legislature” shall be deemed to be areference to Parliament. (3) (a) Subject to the provisions of this Constitution, the Legislative Assembly shall have power to make lawsfor the whole or any part of the National Capital Territorywith respect to any of the matters enumerated in theState List or in the Concurrent List in so far as any suchmatter is applicable to Union territories except matterswith respect to Entries 1, 2 and 18 of the State List andEntries 64, 65 and 66 of that List in so far as they relateto the said Entries 1, 2 and 18. (b) Nothing in sub-clause ( a) shall derogate from the powers of Parliament under this Constitution to makelaws with respect to any matter for a Union territory orany part thereof. (c) If any provision of a law made by the Legislative Assembly with respect to any matter is repugnant to anyTHE CONSTITUTION OF INDIA (Part VI. —The Union territories. —Art. 239AA.)122 provision of a law made by Parliament with respect to that matter, whether passed before or after the law madeby the Legislative Assembly, or of an earlier law, otherthan a law made by the Legislative Assembly, then, ineither case, the law made by Parliament, or, as the casemay be, such earlier law, shall prevail and the law madeby the Legislative Assembly shall, to the extent of therepugnancy, be void: Provided that if any such law made by the Legislative Assembly has been reserved for the consideration of thePresident and has received his assent, such law shallprevail in the National Capital Territory: Provided further that nothing in this sub-clause shall prevent Parliament from enacting at any time any lawwith respect to the same matter including a law addingto, amending, varying or repealing the law so made bythe Legislative Assembly. (4) There shall be a Council of Ministers consisting of not more than ten per cent. of the total number ofmembers in the Legislative Assembly, with the ChiefMinister at the head to aid and advise the LieutenantGovernor in the exercise of his functions in relation tomatters with respect to which the Legislative Assemblyhas power to make laws, except in so far as he is, by orunder any law, required to act in his discretion: Provided that in the case of difference of opinion between the Lieutenant Governor and his Ministers onany matter, the Lieutenant Governor shall refer it to thePresident for decision and act according to the decisiongiven thereon by the President and pending such decisionit shall be competent for the Lieutenant Governor in anycase where the matter, in his opinion, is so urgent thatit is necessary for him to take immediate action, to takesuch action or to give such direction in the matter as hedeems necessary. (5) The Chief Minister shall be appointed by the President and other Ministers shall be appointed bythe President on the advice of the Chief Minister and theTHE CONSTITUTION OF INDIA (Part VI. —The Union territories. —Art. 239AA.)123 Ministers shall hold office during the pleasure of the President. (6) The Council of Ministers shall be collectively responsible to the Legislative Assembly. 1[(7) ( a)] Parliament may, by law, make provisions for giving effect to, or supplementing the provisions containedin the foregoing clauses and for all matters incidental orconsequential thereto. 2[(b) Any such law as is referred to in sub-clause ( a) shall not be deemed to be an amendment of thisConstitution for the purposes of article 368notwithstanding that it contains any provision whichamends or has the effect of amending, this Constitution.] (8) The provisions of article 239B shall, so far as may be, apply in relation to the National Capital Territory, theLieutenant Governor and the Legislative Assembly, asthey apply in relation to the Union territory of 3[Puducherry], the administrator and its Legislature, respectively; and any reference in that article to“clause (1) of article 239A” shall be deemed to be areference to this article or article 239AB, as the case maybe. 239AB. If the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied— (a) that a situation has arisen in which the administration of the National Capital Territorycannot be carried on in accordance with theprovisions of article 239AA or of any law made inpursuance of that article; or (b) that for the proper administration of the National Capital Territory it is necessary or expedientso to do, the President may by order suspend the operation of any provision of article 239AA or of all or any of the 1Subs. by the Constitution (Seventieth Amendment) Act, 1992, s. 3, for “(7)” (w.e.f. 21-12-1991). 2Ins. by s. 3, ibid. (w.e.f. 21-12-1991). 3Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for “Pondicherry“ (w.e.f. 1-10-2006).Provision in case of failure ofconstitutionalmachinery.THE CONSTITUTION OF INDIA (Part VI. —The Union territories. —Arts. 239AA-239AB.)124 provisions of any law made in pursuance of that article for such period and subject to such conditions as may bespecified in such law and make such incidental andconsequential provisions as may appear to him to benecessary or expedient for administering the NationalCapital Territory in accordance with the provisions ofarticle 239 and article 239AA. 1[239B. (1) If at any time, except when the Legislature of 2[the Union territory of 3[Puducherry]] is in session, the administrator thereof is satisfied that circumstances existwhich render it necessary for him to take immediateaction, he may promulgate such Ordinances as thecircumstances appear to him to require: Provided that no such Ordinance shall be promulgated by the administrator except after obtaininginstructions from the President in that behalf: Provided further that whenever the said Legislature is dissolved, or its functioning remains suspended onaccount of any action taken under any such law as isreferred to in clause (1) of article 239A, the administratorshall not promulgate any Ordinance during the periodof such dissolution or suspension. (2) An Ordinance promulgated under this article in pursuance of instructions from the President shall bedeemed to be an Act of the Legislature of the Unionterritory which has been duly enacted after complyingwith the provisions in that behalf contained in any suchlaw as is referred to in clause (1) of article 239A, butevery such Ordinance— (a) shall be laid before the Legislature of the Union territory and shall cease to operate at the 1Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 3 (w.e.f. 30-12-1971). 2Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for “a Union territory referred to in clause (1) of article 239A”(w.e.f. 30-5-1987). 3Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for “Pondicherry“ (w.e.f. 1-10-2006).Power of administrator topromulgateOrdinances duringrecess ofLegislature.THE CONSTITUTION OF INDIA (Part VI. —The Union territories. —Arts. 239AB-239B.)125 expiration of six weeks from the reassembly of the Legislature or if, before the expiration of that period, a resolution disapproving it is passed by the Legislature, upon the passing of the resolution; and (b) may be withdrawn at any time by the administrator after obtaining instructions from the President in that behalf. (3) If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of the Legislature of the Union territory made after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239A, it shall be void.] 1* * * * 240. (1) The President may make regulations for the peace, progress and good government of the Union territory of— (a) the Andaman and Nicobar Islands; 2[(b) Lakshadweep;] 3[(c) Dadra and Nagar Haveli;] 4[(d) Daman and Diu;] 5[(e) Puducherry;] 6*** 7***: 8[Provided that when any body is created under article 239A to function as a Legislature for the 9[Union territoryPower of President to makeregulations forcertain Unionterritories. 1Cl. (4) was ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, s. 4 (retrospectively) and omitted by the Consititution (Forty-fourth Amendment) Act, 1978,s. 32 (w.e.f. 20-6-1979). 2Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act, 1973 (34 of 1973), s. 4, for entry ( b) (w.e.f. 1-11-1973). 3Ins. by the Constitution (Tenth Amendment) Act, 1961, s. 3. 4Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for entry ( d) (w.e.f. 30-5-1987). Entry ( d) was ins. by the Constitution (Twelfth Amendment) Act, 1962, s. 3. 5Subs. by The Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for “Pondicherry” (w.e.f. 1-10-2006). 6The entry ( f) relating to Mizoram omitted by the State of Mizoram Act, 1986 (34 of 1986), s. 39 (w.e.f. 20-2-1987). 7The entry ( g) relating to Arunachal Pradesh omitted by the State of Arunachal Pradesh Act, 1986 (69 of 1986), s. 42 (w.e.f. 20-2-1987). 8Ins. by the Constitution (Fourteenth Amendment) Act, 1962, s. 5. 9Subs. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4, for “Union territory of Goa, Daman and Diu or Pondicherry” (w.e.f. 15-2-1972).THE CONSTITUTION OF INDIA (Part VI. —The Union territories. —Arts. 239B-240.)126 1Subs. by the Pondicherry (Alteration of Name) Act, 2006 (44 of 2006), s. 4, for “Pondicherry“ (w.e.f. 1-10-2006). 2Ins. by the Constitution (Twenty-seventh Amendment) Act, 1971, s. 4 (w.e.f. 15-2-1972). 3Subs. by s. 4, ibid., for “any existing law”(w.e.f. 15-2-1972). 4Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for “State specified in Part C of the First Schedule”. 5Subs. by s. 29 and Sch., ibid ., for “such State”. 6Subs. by s. 29 and Sch., ibid., for cls. (3) and (4).of 1[Puducherry], the President shall not make any regulation for the peace, progress and good government of that Union territory with effect from the date appointedfor the first meeting of the Legislature:] 2[Provided further that whenever the body functioning as a Legislature for the Union territory of 1[Puducherry] is dissolved, or the functioning of that body as such Legislature remains suspended on account ofany action taken under any such law as is referred to inclause (1) of article 239A, the President may, during theperiod of such dissolution or suspension, make regulations for the peace, progress and good government of that Union territory.] (2) Any regulation so made may repeal or amend any Act made by Parliament or 3[any other law] which is for the time being applicable to the Union territory and, when promulgated by the President, shall have the same force and effect as an Act of Parliament whichapplies to that territory.] 241. (1) Parliament may by law constitute a High Court for a 4[Union territory] or declare any court in any 5[such territory] to be a High Court for all or any of the purposes of this Constitution. (2) The provisions of Chapter V of Part VI shall apply in relation to every High Court referred to in clause (1) as they apply in relation to a High Court referred to inarticle 214 subject to such modifications or exceptions asParliament may by law provide. 6[(3) Subject to the provisions of this Constitution and to the provisions of any law of the appropriateHigh Courts for Union territories.THE CONSTITUTION OF INDIA (Part VI. —The Union territories. —Arts. 240-241.)127 Legislature made by virtue of powers conferred on that Legislature by or under this Constitution, everyHigh Court exercising jurisdiction immediately before thecommencement of the Constitution (Seventh Amendment)Act, 1956, in relation to any Union territory shall continueto exercise such jurisdiction in relation to that territoryafter such commencement. (4) Nothing in this article derogates from the power of Parliament to extend or exclude the jurisdiction of aHigh Court for a State to, or from, any Union territory orpart thereof.] 242. [Coorg. ] Rep. by the Constitution (Seventh Amendment ) Act, 1956, s. 29 and Sch.THE CONSTITUTION OF INDIA (Part VI. —The Union territories. —Arts. 241-242.)128 1[PART IX THE PANCHAYATS 243. In this Part, unless the context otherwise requires,— (a) “district” means a district in a State; (b) “Gram Sabha” means a body consisting of persons registered in the electoral rolls relating to avillage comprised within the area of Panchayat atthe village level; (c) “intermediate level” means a level between the village and district levels specified by theGovernor of a State by public notification to be theintermediate level for the purposes of this Part; (d) “Panchayat” means an institution (by whatever name called) of self-governmentconstituted under article 243B, for the rural areas; (e) “Panchayat area” means the territorial area of a Panchayat; (f) “population” means the population as ascertained at the last preceding census of which therelevant figures have been published; (g) “village” means a village specified by the Governor by public notification to be a village forthe purposes of this Part and includes a group ofvillages so specified. 243A. A Gram Sabha may exercise such powers and perform such functions at the village level as theLegislature of a State may, by law, provide. 243B. (1) There shall be constituted in every State, Panchayats at the village, intermediate and district levelsin accordance with the provisions of this Part . 129Definitions. Gram Sabha. Constitution of Panchayats. 1Ins. by the Constitution (Seventy-third Amendment) Act, 1992, s. 2 (w.e.f. 24-4-1993). Original Part IX was omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 andSch. (2) Notwithstanding anything in clause (1), Panchayats at the intermediate level may not beconstituted in a State having a population not exceedingtwenty lakhs. 243C. (1) Subject to the provisions of this Part, the Legislature of a State may, by law, make provisions withrespect to the composition of Panchayats: Provided that the ratio between the population of the territorial area of a Panchayat at any level and thenumber of seats in such Panchayat to be filled by electionshall, so far as practicable, be the same throughout theState. (2) All the seats in a Panchayat shall be filled by persons chosen by direct election from territorialconstituencies in the Panchayat area and, for this purpose,each Panchayat area shall be divided into territorialconstituencies in such manner that the ratio between thepopulation of each constituency and the number of seats allotted to it shall, so far as practicable, be the samethroughout the Panchayat area. (3) The Legislature of a State may, by law, provide for the representation— (a) of the Chairpersons of the Panchayats at the village level, in the Panchayats at the intermediatelevel or, in the case of a State not having Panchayatsat the intermediate level, in the Panchayats at thedistrict level; (b) of the Chairpersons of the Panchayats at the intermediate level, in the Panchayats at the districtlevel; (c) of the members of the House of the People and the members of the Legislative Assembly of the Staterepresenting constituencies which comprise whollyor partly a Panchayat area at a level other than thevillage level, in such Panchayat; (d) of the members of the Council of States and the members of the Legislative Council of theComposition ofPanchayats.THE CONSTITUTION OF INDIA (Part IX. —The Panchayats. —Arts. 243B-243C.)130 State, where they are registered as electors within— (i) a Panchayat area at the intermediate level, in Panchayat at the intermediate level; (ii) a Panchayat area at the district level, in Panchayat at the district level. (4) The Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by directelection from territorial constituencies in the Panchayatarea shall have the right to vote in the meetings of thePanchayats. (5) The Chairperson of — (a) a panchayat at the village level shall be elected in such manner as the Legislature of a State may, bylaw, provide; and (b) a Panchayat at the intermediate level or district level shall be elected by, and from amongst, theelected members thereof. 243D. (1) Seats shall be reserved for— (a) the Scheduled Castes; and (b) the Scheduled Tribes, in every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion tothe total number of seats to be filled by direct election inthat Panchayat as the population of the Scheduled Castesin that Panchayat area or of the Scheduled Tribes in thatPanchayat area bears to the total population of that areaand such seats may be allotted by rotation to differentconstituencies in a Panchayat. (2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved forwomen belonging to the Scheduled Castes or, as the casemay be, the Scheduled Tribes. (3) Not less than one-third (including the number of seats reserved for women belonging to the ScheduledCastes and the Scheduled Tribes) of the total number ofReservation ofseats.THE CONSTITUTION OF INDIA (Part IX. —The Panchayats. —Arts. 243C-243D.)131 seats to be filled by direct election in every Panchayat shall be reserved for women and such seats may beallotted by rotation to different constituencies in aPanchayat. (4) The offices of the Chairpersons in the Panchayats at the village or any other level shall be reserved for theScheduled Castes, the Scheduled Tribes and women insuch manner as the Legislature of a State may, by law,provide: Provided that the number of offices of Chairpersons reserved for the Scheduled Castes and the ScheduledTribes in the Panchayats at each level in any State shallbear, as nearly as may be, the same proportion to thetotal number of such offices in the Panchayats at eachlevel as the population of the Scheduled Castes in theState or of the Scheduled Tribes in the State bears to thetotal population of the State: Provided further that not less than one-third of the total number of offices of Chairpersons in the Panchayatsat each level shall be reserved for women: Provided also that the number of offices reserved under this clause shall be allotted by rotation to differentPanchayats at each level. (5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other thanthe reservation for women) under clause (4) shall ceaseto have effect on the expiration of the period specified inarticle 334. (6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation ofseats in any Panchayat or offices of Chairpersons in thePanchayats at any level in favour of backward class ofcitizens. 243E. (1) Every Panchayat, unless sooner dissolved under any law for the time being in force, shall continuefor five years from the date appointed for its first meetingand no longer. Duration ofPanchayats, etc.THE CONSTITUTION OF INDIA (Part IX. —The Panchayats. —Arts. 243D-243E.)132 (2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Panchayat at any level, which is functioning immediatelybefore such amendment, till the expiration of its durationspecified in clause (1). (3) An election to constitute a Panchayat shall be completed— (a) before the expiry of its duration specified in clause (1); (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Panchayat would have continued isless than six months, it shall not be necessary to hold anyelection under this clause for constituting the Panchayat for such period. (4) A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shallcontinue only for the remainder of the period for whichthe dissolved Panchayat would have continued underclause (1) had it not been so dissolved. 243F. (1) A person shall be disqualified for being chosen as, and for being, a member of a Panchayat— (a) if he is so disqualified by or under any law for the time being in force for the purposes of electionsto the Legislature of the State concerned: Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; (b) if he is so disqualified by or under any law made by the Legislature of the State. (2) If any question arises as to whether a member of a Panchayat has become subject to any of thedisqualifications mentioned in clause (1), the questionshall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide. 243G. Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow theDisqualifications for membership. Powers, authority and responsibilitiesof Panchayats.THE CONSTITUTION OF INDIA (Part IX. —The Panchayats. —Arts. 243E—243G.)133 Panchayats with such powers and authority as may be necessary to enable them to function as institutions ofself-government and such law may contain provisionsfor the devolution of powers and responsibilities uponPanchayats at the appropriate level, subject to suchconditions as may be specified therein, with respect to— (a) the preparation of plans for economic development and social justice; (b) the implementation of schemes for economic development and social justice as may be entrustedto them including those in relation to the matterslisted in the Eleventh Schedule. 243H. The Legislature of a State may, by law,— (a) authorise a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees inaccordance with such procedure and subject to suchlimits; (b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the State Governmentfor such purposes and subject to such conditionsand limits; (c) provide for making such grants-in-aid to the Panchayats from the Consolidated Fund of the State;and (d) provide for constitution of such Funds for crediting all moneys received, respectively, by or onbehalf of the Panchayats and also for the withdrawalof such moneys therefrom, as may be specified in the law. 243-I. (1) The Governor of a State shall, as soon as may be within one year from the commencement of theConstitution (Seventy-third Amendment) Act, 1992,and thereafter at the expiration of every fifth year,constitute a Finance Commission to review the financialposition of the Panchayats and to make recommendationsPowers to imposetaxes by, and Fundsof, the Panchayats. Constitution ofFinanceCommission toreview financialposition.THE CONSTITUTION OF INDIA (Part IX. —The Panchayats. —Arts. 243G—243-I.)134 to the Governor as to— (a) the principles which should govern— (i) the distribution between the State and the Panchayats of the net proceeds of the taxes, duties,tolls and fees leviable by the State, which may bedivided between them under this Part and theallocation between the Panchayats at all levels oftheir respective shares of such proceeds; (ii) the determination of the taxes, duties, tolls and fees which may be assigned to, orappropriated by, the Panchayats; (iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the State; (b) the measures needed to improve the financial position of the Panchayats; (c) any other matter referred to the Finance Commission by the Governor in the interests ofsound finance of the Panchayats. (2) The Legislature of a State may, by law, provide for the composition of the Commission, the qualificationswhich shall be requisite for appointment as membersthereof and the manner in which they shall be selected. (3) The Commission shall determine their procedure and shall have such powers in the performance of theirfunctions as the Legislature of the State may, by law,confer on them. (4) The Governor shall cause every recommendation made by the Commission under this article together withan explanatory memorandum as to the action takenthereon to be laid before the Legislature of the State. 243J. The Legislature of a State may, by law, make provisions with respect to the maintenance of accountsby the Panchayats and the auditing of such accounts. 243K. (1) The superintendence, direction and control of the preparation of electoral rolls for, and the conductof, all elections to the Panchayats shall be vested in Audit of accountsof Panchayats. Elections to the Panchayats.THE CONSTITUTION OF INDIA (Part IX. —The Panchayats. —Arts. 243-I—243K.)135 a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor. (2) Subject to the provisions of any law made by the Legislature of a State, the conditions of service and tenureof office of the State Election Commissioner shall be suchas the Governor may by rule determine: Provided that the State Election Commissioner shall not be removed from his office except in like mannerand on the like grounds as a Judge of a High Court andthe conditions of service of the State ElectionCommissioner shall not be varied to his disadvantageafter his appointment. (3) The Governor of a State shall, when so requested by the State Election Commission, make available to theState Election Commission such staff as may be necessaryfor the discharge of the functions conferred on the StateElection Commission by clause (1). (4) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision withrespect to all matters relating to, or in connection with,elections to the Panchayats. 243L. The provisions of this Part shall apply to the Union territories and shall, in their application to a Unionterritory, have effect as if the references to the Governorof a State were references to the Administrator of theUnion territory appointed under article 239 and referencesto the Legislature or the Legislative Assembly of a Statewere references, in relation to a Union territory having aLegislative Assembly, to that Legislative Assembly: Provided that the President may, by public notification, direct that the provisions of this Part shallapply to any Union territory or part thereof subject tosuch exceptions and modifications as he may specify inthe notification. 243M. (1) Nothing in this Part shall apply to the Scheduled Areas referred to in clause (1), and the tribalareas referred to in clause (2), of article 244. Application toUnion territories. Part not to apply to certain areas.THE CONSTITUTION OF INDIA (Part IX. —The Panchayats. —Arts. 243K—243M.)136 (2) Nothing in this Part shall apply to— (a) the States of Nagaland, Meghalaya and Mizoram; (b) the hill areas in the State of Manipur for which District Councils exist under any law for the timebeing in force. (3) Nothing in this Part— (a) relating to Panchayats at the district level shall apply to the hill areas of the District of Darjeeling inthe State of West Bengal for which Darjeeling GorkhaHill Council exists under any law for the time beingin force; (b) shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Councilconstituted under such law. 1[(3A) Nothing in article 243D, relating to reservation of seats for the Scheduled Castes, shall apply to the Stateof Arunachal Pradesh.] (4) Notwithstanding anything in this Constitution,— (a) the Legislature of a State referred to in sub- clause ( a) of clause (2) may, by law, extend this part to that State, except the areas, if any, referred to inclause (1), if the Legislative Assembly of that Statepasses a resolution to that effect by a majority of thetotal membership of that House and by a majority ofnot less than two-thirds of the members of that Housepresent and voting; (b) Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the tribalareas referred to in clause (1) subject to suchexceptions and modifications as may be specified insuch law, and no such law shall be deemed to be anamendment of this Constitution for the purposes ofarticle 368. 243N. Notwithstanding anything in this Part, any provision of any law relating to Panchayats in force in a Continuance ofexisting laws andPanchayats. 1Ins. by the Constitution (Eighty-third Amendment) Act, 2000, s. 2.THE CONSTITUTION OF INDIA (Part IX. —The Panchayats. —Arts. 243M-243N.)137 State immediately before the commencement of the Constitution (Seventy-third Amendment) Act, 1992, whichis inconsistent with the provisions of this Part, shallcontinue to be in force until amended or repealed by acompetent Legislature or other competent authority oruntil the expiration of one year from such commencement,whichever is earlier: Provided that all the Panchayats existing immediately before such commencement shall continue till theexpiration of their duration, unless sooner dissolved bya resolution passed to that effect by the LegislativeAssembly of that State or, in the case of a State having aLegislative Council, by each House of the Legislature ofthat State. 243-O. Notwithstanding anything in this Constitution,— (a) the validity of any law relating to the delimitation of constituencies or the allotment of seatsto such constituencies, made or purporting to bemade under article 243K, shall not be called inquestion in any court; (b) no election to any Panchayat shall be called in question except by an election petition presented tosuch authority and in such manner as is providedfor by or under any law made by the Legislature ofa State.] Bar to interferenceby courts inelectoral matters.THE CONSTITUTION OF INDIA (Part IX. —The Panchayats. —Arts. 243N-243-O.)138 1[PART IXA THE MUNICIPALITIES 243P. In this Part, unless the context otherwise requires,— (a) “Committee” means a Committee constituted under article 243S; (b) “district” means a district in a State; (c) “Metropolitan area” means an area having a population of ten lakhs or more, comprised in oneor more districts and consisting of two or moreMunicipalities or Panchayats or other contiguousareas, specified by the Governor by publicnotification to be a Metropolitan area for the purposes of this Part; (d) “Municipal area” means the territorial area of a Municipality as is notified by the Governor; (e) “Municipality” means an institution of self- government constituted under article 243Q; (f) “Panchayat” means a Panchayat constituted under article 243B; (g) “population” means the population as ascertained at the last preceding census of which therelevant figures have been published. 243Q. (1) There shall be constituted in every State,— (a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area intransition from a rural area to an urban area; (b) a Municipal Council for a smaller urban area; and (c) a Municipal Corporation for a larger urban area, 139Constitution of Municipalities. 1Ins. by the Constitution (Seventy-fourth Amendment) Act, 1992, s. 2 (w.e.f 1-6-1993).Definitions. in accordance with the provisions of this Part: Provided that a Municipality under this clause may not be constituted in such urban area or part thereof asthe Governor may, having regard to the size of the areaand the municipal services being provided or proposedto be provided by an industrial establishment in that areaand such other factors as he may deem fit, by publicnotification, specify to be an industrial township. (2) In this article, “a transitional area”, “a smaller urban area” or “a larger urban area” means such area asthe Governor may, having regard to the population of thearea, the density of the population therein, the revenuegenerated for local administration, the percentage ofemployment in non-agricultural activities, the economicimportance or such other factors as he may deem fit,specify by public notification for the purposes of thisPart. 243R. (1) Save as provided in clause (2), all the seats in a Municipality shall be filled by persons chosen bydirect election from the territorial constituencies in theMunicipal area and for this purpose each Municipal areashall be divided into territorial constituencies to be knownas wards. (2) The Legislature of a State ma y, by law, provide— (a) for the representation in a Municipality of— (i) persons having special knowledge or experience in Municipal administration; (ii) the members of the House of the People and the members of the Legislative Assembly ofthe State representing constituencies whichcomprise wholly or partly the Municipal area; (iii) the members of the Council of States and the members of the Legislative Council of theState registered as electors within the Municipalarea; (iv) the Chairpersons of the Committees constituted under clause (5) of article 243S:Composition ofMunicipalities.THE CONSTITUTION OF INDIA (Part IXA. —The Municipalities.—Arts. 243Q-243R.)140 Provided that the persons referred to in paragraph (i) shall not have the right to vote in the meetings of the Municipality; (b) the manner of election of the Chairperson of a Municipality. 243S. (1) There shall be constituted Wards Committees, consisting of one or more wards, within the territorial area of a Municipality having a populationof three lakhs or more. (2) The Legislature of a 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. (3) A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee. (4) Where a Wards Committee consists of— (a) one ward, the member representing that ward in the Municipality; or (b) two or more wards, one of the members representing such wards in the Municipality elected by the members of the Wards Committee, shall be the Chairperson of that Committee. (5) Nothing in this article shall be deemed to prevent the Legislature of a State from making any provision for the constitution of Committees in addition to the Wards Committees. 243T. (1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearlyas may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in theMunicipal area or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality.Constitution andcomposition ofWards Committees,etc. Reservation of seats.THE CONSTITUTION OF INDIA (Part IXA. —The Municipalities.—Arts. 243R—243 T.)141 (2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved forwomen belonging to the Scheduled Castes or, as the casemay be, the Scheduled Tribes. (3) Not less than one-third (including the number of seats reserved for women belonging to the ScheduledCastes and the Scheduled Tribes) of the total number ofseats to be filled by direct election in every Municipalityshall be reserved for women and such seats may beallotted by rotation to different constituencies in aMunicipality. (4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the ScheduledTribes and women in such manner as the Legislature ofa State may, by law, provide. (5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other thanthe reservation for women) under clause (4) shall ceaseto have effect on the expiration of the period specified inarticle 334. (6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation ofseats in any Municipality or offices of Chairpersons inthe Municipalities in favour of backward class of citizens. 243U. (1) Every Municipality, unless sooner dissolved under any law for the time being in force, shall continuefor five years from the date appointed for its first meetingand no longer: Provided that a Municipality shall be given a reasonable opportunity of being heard before itsdissolution. (2) No amendment of any law for the time being in force shall have the effect of causing dissolution of aMunicipality at any level, which is functioningimmediately before such amendment, till the expirationof its duration specified in clause (1). Duration ofMunicipalities,etc.THE CONSTITUTION OF INDIA (Part IXA. —The Municipalities.—Arts. 243T-243U.)142 (3) An election to constitute a Municipality shall be completed,— (a) before the expiry of its duration specified in clause (1); (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Municipality would have continuedis less than six months, it shall not be necessary to holdany election under this clause for constituting theMunicipality for such period. (4) A Municipality constituted upon the dissolution of a Municipality before the expiration of its durationshall continue only for the remainder of the period forwhich the dissolved Municipality would have continuedunder clause (1) had it not been so dissolved. 243V. (1) A person shall be disqualified for being chosen as, and for being, a member of a Municipality— (a) if he is so disqualified by or under any law for the time being in force for the purposes of electionsto the Legislature of the State concerned: Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; (b) if he is so disqualified by or under any law made by the Legislature of the State. (2) If any question arises as to whether a member of a Municipality has become subject to any of the disqualifications mentioned in clause (1), the questionshall be referred for the decision of such authority and insuch manner as the Legislature of a State may, by law,provide. 243W. Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow— (a) the Municipalities with such powers and authority as may be necessary to enable them tofunction as institutions of self-government and suchlaw may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein,Disqualifications for membership. Powers, authority and responsibilitiesof Municipalities,etc.THE CONSTITUTION OF INDIA (Part IXA. —The Municipalities.—Arts. 243U—243W.)143 with respect to— (i) the preparation of plans for economic development and social justice; (ii) the performance of functions and the implementation of schemes as may be entrusted tothem including those in relation to the matterslisted in the Twelfth Schedule; (b) the Committees with such powers and authority as may be necessary to enable them to carryout the responsibilities conferred upon themincluding those in relation to the matters listed in theTwelfth Schedule. 243X. The Legislature of a State may, by law,— (a) authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees inaccordance with such procedure and subject to suchlimits; (b) assign to a Municipality such taxes, duties, tolls and fees levied and collected by the StateGovernment for such purposes and subject to suchconditions and limits; (c) provide for making such grants-in-aid to the Municipalities from the Consolidated Fund of theState; and (d) provide for constitution of such Funds for crediting all moneys received, respectively, by or onbehalf of the Municipalities and also for thewithdrawal of such moneys therefrom, as may be specified in the law. 243Y. (1) The Finance Commission constituted under