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Showing contexts for: 243Q in Onika Mehrotra & Ors. vs Govt. Of Nct Of Delhi & Ors. on 27 April, 2015Matching Fragments
7. A need was felt to strengthen the urban local government, and this led to the enactment of the Constitution (Seventy Fourth Amendment) Act, 1992 by virtue of which Part IXA was introduced in the Constitution of India. Part IXA of the Constitution of India includes Article 243Q for constitution of Municipalities; Article 243R for composition of Municipalities; and 243S for constitution and composition of Wards Committees.
8. Clause (a) of Article 243P of the Constitution of India defines the term 'Committee' and clause (e) of Article 234P of the Constitution of India defines the term 'Municipality'. The relevant clauses are quoted below for ready reference:-
"243P. Definitions - In this Part, unless the context otherwise requires, -
(a) "Committee" means a Committee constituted under article 243S;
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(e) "Municipality" means an institution of self-government constituted under article 243Q;"
9. Article 243Q of the Constitution of India provides for the constitution of Municipalities. Sub-article (1) of Article 243Q of the Constitution of India is relevant and is quoted below:-
"243Q. Constitution of Municipalities. -- (1) There shall be constituted in every State,--
(a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area;
(b) a Municipal Council for a smaller urban area; and
(c) a Municipal Corporation for a larger urban area, in accordance with the provisions of this Part:
Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify to be an industrial township."
10. Since Delhi, undoubtedly, has a large urban area, the mandate of Article 243Q(1) of the Constitution of India, in the context of Delhi, would be to constitute Municipal Corporation(s) for the National Capital Territory of Delhi.