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Showing contexts for: devolution of powers in S.R. Ramanujam And Anr. vs The Chief Secretary To Government And ... on 28 January, 1997Matching Fragments
"243W. Powers, authority and responsibilities of Municipalities etc. 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-
(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 to them including those in relation to the matters listed in the Twelfth Schedule;
(b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule.
There is no controversy before us that the Hyderabad Municipal Corporation Act, 1955 is a legislation under entry 5 in List II of the Seventh Schedule of the Constitution of India. The subject of local Government, however, which has been left exclusively to the State Legislature and for which there was no restriction by the Constitution on the manner in which the State Legislature would decide to constitute Municipal Corporation and other local authorities has received constitutional injunction that the Legislature of a State may by Law, endow the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and that 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 - (i) the preparation of plans for economic development and social justice; and (ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule. A reference to Twelfth Schedule of the Constitution shows that such items of State Legislature as, 'regulation of land-use and construction of buildings', 'Public Health, Sanitation Conservancy and solid waste management' etc., which could be seen present in the items, in respect of which the State is competent to be devolved upon Municipalities under such law as the State may make in this behalf and the Schedule i.e., Twelfth Schedule includes item 12- 'provision of urban amenities and facilities such as parks, gardens, play-grounds' and item 14 'burials and burial grounds, cremations, cremation grounds and electric crematoriums.'
13. We have already noticed that State Government's powers are limited and it has no role to decide with respect to the registration of the place for the disposal of the dead or even otherwise in selecting a place for disposal of the dead. Whatever little scope was available to argue that the Government of the State represent the soverign and retained thus its eminent domain in deciding in respect of the use of a public place one way or the other, is taken away by the Constitution (Seventy-fourth Amendment) Act, 1992 and Article 245-V (a) therein read with the List in the Twelfth Schedule. Article 243W (a) states that "the Legislature of a State may, by law, endow the Municipalities (Corporation being a Municipality for the said purpose) 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, with respect to - "(i)....(ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule", subject to such conditions as may be specified therein. We have seen that the Twelfth Schedule of the Constitution includes as item 14 subjects of burials and burial grounds, cremations, cremation grounds and electric crematoriums. Sections 566 to 572 of the Corporation Act, which deal with the places for disposal of the dead cover the subjects of burials and burial grounds, cremations, cremation grounds and electric crematoriums. The Legislature has, by the Corporation Act, endowed upon the Municipal Corporation the performance of functions and the implementation of schemes as respects burials and burial grounds, cremations and cremation grounds and electric crematoriums. All functions and implementation of schemes in respect of burials and burial grounds, cremations and cremation grounds and electric crematoriums fall in the domain of the self-government under the Corportion Act and the executive Government of the State has no power except those recognised under Sections 569 to 571 of the Act. State Government's general power to issue directions can be exercised only for the implementation of the provisions of the Act and not in derogation or disregard of such provisions.