12th Schedule which reads
thus:
"243-W. Powers, authority and responsibilities of Municipalities,
etc- Subject to the provisions of this Constitution, the Legislature ... 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
enable them to function
as institutions of self-Government. The devolution of powers and
responsibilities upon the Panchayats, was to include the preparation of plans
longer. 243-W speaks about the powers, authority and responsibilities
of Municipalities and 243-X authorises and gives power to the Municipality to impose taxes ... self-Government. Such law is required to contain provisions for devolutions of powers and responsibilities upon the Municipalities and in particular with respect
India, which relates to power, authority and responsibilities of the Municipalities, etc., as shown hereunder:
" Article 243-W: Powers, authority and responsibilities of Municipalities ... 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
Village Panchayat. Such a power
cannot be taken away by the District Collector lightly by
invoking the emergency powers.
The Legal Principles:
24. The importance ... Constitution, the State Legislatures have enacted laws
and made provision for devolution of powers upon and
assigned various functions listed in the Eleventh Schedule
power or authority of control is conferred, that power can be exercised by way of an appeal or revision or otherwise even though no power ... required to enact such law which may contain provisions for devolution of powers and responsibilities upon the Municipalities. The State legislature has enacted Gujarat Municipalities
establishing a
village Panchayat for every village and investing with such
powers and authority as may be necessary to enable them to
function as unit ... institutions of self Government and
such law may contain provisions for devolution of powers and
responsibilities upon all Panchayats at appropriate level subject
to such
payer i.e. the appellant.
18. Thus, the source of power of Municipal Corporation will
necessarily flow by virtue of Section ... self-government and such law may contain provisions
for the devolution of powers and responsibilities upon Panchayats at
the appropriate level, subject to such conditions
respective State Legislatures, which will define the details as to the powers and functions of the various organs, just mentioned.
It is to be recalled ... regular elections, prolonged supersessions, insufficient representation of weaker sections, inadequate devolution of powers and lack of financial resources. The insertion of Part IX relating
Union extends. I do not see why I should consider this devolution of power in any great detail. Mr. Roy has said that ... according to him, had to be written because of these devolution rules, the power of administering the Maidan was delegated to the Provincial Government. Assuming
