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(ii) The Amending Act cannot be contrary to the Parent Act. Placing reliance on Section 22 and 27-B of the Act as representing cadre autonomy available to the Municipal Bodies, is taken away by the "Amending Act".

(iii) On Section 40A, she submits that the power of appointment and administrative control of employees which should rest with the Empowered Standing Committee (ESC) is being taken away by repeated amendments, resulting in concentration of power with the State Government which is against the spirit of devolution of powers. In support, she relies on Section 37 of the Bihar and Orissa Municipal Act, 1922, Patna High Court CWJC No.11717 of 2021 dt.21-10-2022 which provided for the appointment of Municipal Officer on terms and conditions to be decided by the Municipal Corporation.

84. The discretion of the State Government in granting power to the municipality is not unbridled and is checked by the very basis of the 74th Amendment, i.e. self-government and Patna High Court CWJC No.11717 of 2021 dt.21-10-2022 devolution of powers.

85. The phrase 'devolution of powers' means the transfer of authority to a quasi autonomous, distinct body having clear and legally recognized geographical boundaries over which they exercise certain authority and perform public functions.

98. Section 36(8) and 36(9) required respectively that if a person to be appointed was not recommended by the Bihar Patna High Court CWJC No.11717 of 2021 dt.21-10-2022 Public Service Commission, prior approval of the State Government would be needed and that no person above sixty years shall be appointed to any post. These provisions are deleted, enabling the State to unilaterally appoint any person to a Municipality.

99. The primary reason for which a need was felt to confer constitutional status upon units of local government was that there was an inadequate devolution of powers and far too much control of the State Government opposing their development as institutions of self government. The impugned amendment is an exercise of centralization of powers as opposed to devolution as required by the Constitution.

105. The power of a body consisting elected members has been taken away and vested in a centralized executive authority, i.e. the Directorate of Municipal Administration. The consideration on which the constitutionality to amendment to Section 38 rests is whether such power of an elected body can be taken away when no clear reasons or evidence to back such an exercise of law making power can be found in record. This amendment is in continuation of a theme running across the impugned sections of the Amendment Act, concentrating power with the State Government. It would not be conducive to the principles of devolution of powers and self-government for each and every employee within a municipality to be recruited and controlled by a statewide authority. The essence of collective responsibility, for it to be adhered to would necessitate some freedom resting with the Municipality in such functions. Be that as it may, should the State upon due effort and investigation find pervasiveness of illegalities in such appointments, it shall be Patna High Court CWJC No.11717 of 2021 dt.21-10-2022 entirely open to them to take action, in accordance with powers already vested with them in the Act.