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Showing contexts for: devolution of powers in Rushabh Outdoors And Anr vs The State Of Maharashtra And Anr on 6 April, 2026Matching Fragments
10. The Constitution (73rd Amendment) Act and Constitution (74th Amendment) Act infused a new life to the local self-bodies like the Panchayats and Municipalities which are constituted as the institutions of self-government. The object behind vesting certain powers and authority in the municipalities is to enable them to function as the institutions of self-government. Article 243-W envisages that the law made by the Legislature of a State may contain provisions for devolution of powers and responsibilities upon the Municipalities. The State Legislatures have enacted laws and made provisions for devolution of powers upon the Panchayats and the Municipalities for the social and economic development of the rural and urban areas. The functions of the Municipalities are, therefore, necessary to be borne in mind while interpreting the laws enacted by a State. The Mumbai Municipal Corporation Act, 1888 was enacted to replace the Bombay Municipal Act, 1872 which was amended in the year 1878 to regulate the municipal administration of the City of Bombay. The statement of objects and reasons appended to the Bill to enact the Bombay Municipal Corporation Act, 1888 records that the MMC Act consolidates the existing Municipal laws. The object was to Panchal WP-227-2027.doc recast, to amend and to expand the provisions of the Bombay Municipal Acts, 1872 and 1878. At that time, there were nine minor enactments and other local statutes which dealt with the matters affecting the Municipal governance in the city. Except retaining certain parts of such enactments with necessary modifications, expansions and improvements, all those enactments were repealed. It is further indicated that the long experience of the working of the existing laws and other enactments in force elsewhere were taken into consideration to supply sufficient powers to the Commissioner for carrying out and enforcing such measures under the MMC Act as are necessary for achieving the object. The past experience also supported the wisdom of centering all authority and responsibility for executive action in the Municipal Corporation.
"Article 243-W. Powers, authority and responsibilities of Municipalities, etc.-
21 Shanti G. Patel & Ors. v. State of Maharashtra & Ors.: (2006) 2 SCC 505, Panchal WP-227-2027.doc 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-