Part IXA: The Municipalities

Article 243V: Disqualifications for Membership

Original Article:

A person may be disqualified from being a member of a Municipality based on State laws or specific disqualifications outlined by State Legislatures.

Amendments:

Introduced by the 74th Constitutional Amendment Act, 1992, Article 243V ensures that members of Municipalities adhere to high standards of integrity and accountability.

Explanation:

Article 243V details the grounds for disqualifications of Municipal members, reflecting principles of electoral integrity and fairness within local governance structures.

Clause-by-Clause Explanation:

1. State Election Laws: Aligns disqualification criteria with those for State Legislature elections.
2. State-specific Disqualifications: Grants State Legislatures authority to impose additional criteria.
3. Resolution of Disputes: Specifies the process for handling disqualification disputes.

Legislative History:

The 74th Amendment introduced Article 243V to maintain consistency in election criteria across State Legislatures and Municipalities.

Real-life Examples:

• In Maharashtra, Municipal members with unpaid property taxes faced disqualification under State laws aligning with Article 243V.
• In Tamil Nadu, additional disqualifications were imposed on candidates with criminal records, promoting accountability.

Debates and Deliberations:

During discussions on the 74th Amendment:

• Mr. Arun Jaitley emphasized the need for consistency in disqualification criteria across governance levels.
• Ms. Mamata Banerjee advocated for state-specific disqualifications to address regional governance challenges.