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Showing contexts for: devolution of powers in Mathura Dass And Ors. vs State Of Punjab And Ors. on 29 April, 2002Matching Fragments
32. Despite the fact that the Municipalities and Corporations have existed for a long time, the actual working has invariably left a lot to desire. There was a need to strengthen these organizations. A bill for the 74th amendment of the Constitution was introduced. In the objects and reasons, it was stated as under;-
"Objects and Reasons A review of the working of the urban local bodies has shown that in many States they have become weak and ineffective on account of a variety of reasons, including the failure to hold regular and periodical elections, prolonged super sessions, inadequate representation of the weaker sections like the Scheduled Castes, the Scheduled Tribes and women, lack of financial resources and inadequate devolution of powers and responsibilities upon them.
2. Having regard to the inadequacies in the existing system and keeping in view the need to endow urban local bodies with such powers and authority as are necessary to enable them to function effectively as units of local self government, it is proposed, to add new provisions in the Constitution relating to the Municipalities, that is to say, the Nagarpalikas."
With these objects in view, the Bill proposed inter alia to:-
"XX XX XX
(f) provide for the devolution by the State Legislatures of powers and responsibilities upon the Nagarpalikas. Wards Committees and Zonal Committees with respect to the preparation of plans for economic development and social justice and for the implementation of development schemes;
35. Article 243W on which a great emphasis was laid delineates the powers, the authority and the responsibilities of the Local Bodies. Since the counsel had placed considerable reliance on the provision, it is apt to notice it in extenso. It provides as under:-
"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 to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to-