Part IXA: The Municipalities
Article 243ZF: Continuance of Existing Laws and Municipalities
Original Article:
Notwithstanding anything in this Part, any provision of any law relating to Municipalities in force in a State immediately before the commencement of the Constitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier:
Provided that all the Municipalities existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State.
Explanations:
Article 243ZF was introduced to manage the transition to the new framework of municipal governance established by the 74th Constitutional Amendment. It ensures that existing laws related to municipalities remain effective temporarily while allowing states to amend or repeal them to align with the constitutional provisions.
Clause-by-Clause Explanation:
Continuance of Existing Laws: Allows pre-existing municipal laws to remain operational for a limited period.
Continuity of Municipalities: Ensures municipalities existing before the amendment continue functioning until their duration ends or they are dissolved.
Historical Significance:
The 74th Amendment aimed to strengthen urban governance by introducing uniformity in municipal administration across states. Article 243ZF provided a transitional mechanism to adapt to this new framework without disrupting local governance.
Legislative Background:
Enacted as part of the 74th Constitutional Amendment, this article ensured a smooth shift from existing state-specific laws to a more uniform and empowered municipal governance system.
Debates and Deliberations:
During the framing of the 74th Amendment, legislators emphasized the need for a transitional phase to enable states to revise their laws and ensure compliance with the new constitutional provisions, leading to the inclusion of Article 243ZF.
Frequently Asked Questions (FAQs):
To provide a transitional phase for states to align their municipal laws with the 74th Amendment provisions.
Until they are amended, repealed, or a year from the commencement of the amendment, whichever is earlier.
They continue to function until their duration ends or they are dissolved by the state legislature.
References:
- The Constitution (Seventy-fourth Amendment) Act, 1992.
- Commentary on the Indian Constitution by D.D. Basu.