Indian Kanoon - Search engine for Indian Law

11. Article 243(w) of the Constitution of India has been referred by Mr.Dhorde. The Municipalities have been conferred powers, authority and responsibility. Under the Constitution, a Municipal Council or Municipal Corporation cannot be expected to be conferred only with powers and authorities. No power and authority or no right comes without a corresponding obligation and duty. Therefore, the law envisages responsibility of the Municipalities and each one of which is subject to the Constitution of India. However, the Legislature of a State can, by law, endow the municipalities with such powers and authority, as may be necessary to enable them to function as institutions of self government. That the law may also contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein with respect to the preparation of plans for economic development ( 16 ) Writ Petition No.6966 of 2013 and social justice and performance of functions and implementation of schemes, as may be entrusted to them. They include those in relation to matters listed in the Twelfth Schedule. No Municipal Council can urge that it ought to be conferred only with powers and authority without any responsibilities and duties. That would completely defeat the constitutional guarantee. If the institution of self government has to function for the benefit and in the interest of the public, then, one cannot be heard to say that the provision in question falls foul of this mandate or is ultra-vires of Article 243(w) of the Constitution of India. There is no substance in this contention.