100-581: Taraori , or Tarori or Tarawari, as it is sometimes called in the local dialect, is a town ( Municipal committee ) in Nilokheri Tehsil of Karnal district in the Indian state of Haryana . It is situated off NH-44 , 14 km north of Karnal . The name Taraori is derived from the word Tarai . It was at Tarawadi that in 1191 the Hindu Rajput army under Prithviraj Chauhan defeated
200-531: A gurdwara of Guru Teg Bahadur , the 9th Guru of the Sikhs , called Shishganj Sahib Gurudwara. Kos Minar (North) Taraori a preserved monument by Archaeological Survey of India . Sarv Mano Kamna Sidh shri Lakshmi Naryan Mandir Lord Vishnu Historical Shahi Jama Maszid of Mugal Period. St. Theresa's Catholic Church, Taroari is a monument for Christian place of worship. There is a Common Service Center (CSC Taraori) situated near Karnali Gate Parking. There
300-690: A joint sitting in case of disagreement between the two Houses. The Bill, passed by the required majority, is then presented to the President who shall give his/her assent to the Bill. If the amendment seeks to make any change in any of the provisions mentioned in the provision to article 368, it must be ratified by the Legislatures of not less than one-half of the States. Although there is no prescribed time limit for ratification, it must be completed before
400-627: A simple majority such as that required for the passing of any ordinary law. The amendments under this category are specifically excluded from the purview of article 368 which is the specific provision in the Constitution dealing with the power and the procedure for the amendment of the Constitution. Article 4 provides that laws made by Parliament under article 2 (relating to admission or establishment of new States) and article 3 (relating to formation of new States and alteration of areas, boundaries or names of existing States) effecting amendments in
500-531: A Bill has to be examined and recommended by the Committee on Private Members' Bills before it is included in the List of Business. The Committee has laid down the following principles as guiding criteria in making their recommendations in regard to these Bills: "(i) The Constitution should be considered as a sacred document — a document which should not be lightly interfered with and it should be amended only when it
600-598: A British-style system where Parliament is supreme. The framers, instead, adopted a combination of the "theory of fundamental law", which underlies the written Constitution of the United States with the "theory of parliamentary sovereignty" as existing in the United Kingdom . The Constitution of India vests constituent power upon the Parliament subject to the special procedure laid down therein. During
700-461: A Constitution, such as some other great countries have, which are so rigid that they do not and cannot be adapted easily to changing conditions. Today especially, when the world is in turmoil and we are passing through a very swift period of transition, what we may do today may not be wholly applicable tomorrow. Therefore, while we make a Constitution which is sound and as basic as we can, it should also be flexible ..." Dr. P.S. Deshmukh believed that
800-440: A Latin phrase, which in law, describes someone taking precautions against a very remote contingency. By strictly adhering to article 368, the provision is intended to ensure the validity of the procedure adopted, but also guard against the possibility of violation of the spirit and scheme of that article 29 by the consideration of a Bill seeking to amend the Constitution including its consideration clause by clause being concluded in
900-597: A chairperson and vice chairperson among themselves to preside over and conduct meetings. A chief officer, along with officers like an engineer, sanitary inspector, health officer, and education officer who come from the state public service are appointed by the state government to control the administrative affairs of the municipality. City Municipal Councils are known regionally by different names, including Town Municipal Council, Town Municipality, Nagar Palika, Nagarasabe, Purasabe, Nagara Sabha and Nagaraatchi. A Town Panchayat (also known as Nagar Panchayat or Town Board )
1000-432: A constitutional amendment in 1967, ruling in the case of I.C. Golak Nath and Ors. vs. State of Punjab and Anr . An amendment was struck down on the basis that it violated Article 13: "The State shall not make any law which takes away or abridges the rights conferred by [the charter of Fundamental Rights]". The term "law" in this article was interpreted as including a constitutional amendment. Parliament responded by enacting
1100-474: A decision by a convention or a referendum ... It is only for amendments of specific matters—and they are only few—that the ratification of the State Legislatures is required. All other Articles of the Constitution are left to be amended by Parliament. The only limitation is that it shall be done by a majority of not less than two-thirds of the members of each House present and voting and a majority of
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#17327728254401200-620: A five-member Constitution Bench of the Supreme Court. The case, now popularly known as Anti-Defection case, was decided in 1992. The Constitution Bench in its majority judgement upheld the validity of the Tenth Schedule, but declared Paragraph 7 of the Schedule invalid because it was not ratified by the required number of the Legislatures of the States as it brought about in terms and effect, a change in articles 136, 226 and 227 of
1300-602: A form of local self-government, entrusted with some duties and responsibilities, as enshrined and guided upon by the Constitutional (74th Amendment) Act, 1992. Udaipur is a city which is big but its population is 451,000 so it has a Municipality. The members of the Municipal Councils are elected representatives for a term of five years. The town is divided into wards according to its population, and representatives are elected from each ward. The members elect
1400-482: A good and workable Constitution it has no axe to grind. In considering the Articles of the Constitution it has no eye on getting through a particular measure. The future Parliament if it met as Constituent Assembly, its members will be acting as partisans seeking to carry amendments to the Constitution to facilitate the passing of party measures which they have failed to get through Parliament by reason of some Article of
1500-406: A greater degree of fiscal autonomy and functions, although the specific fiscal and functional powers vary across the states. These local governments have larger populations, a more diversified economic base, and deal with the state governments directly. On the other hand, municipalities or Nagar panchayats have less autonomy, smaller jurisdictions, and have to deal with the state governments through
1600-881: A long list of functions delegated to them by the state governments under their respective municipal legislations. The Twelfth Schedule of Constitution (Article 243 w) provides an illustrative list of eighteen functions , that may be entrusted to the municipalities. Public health includes water supply , sewerage and sanitation , eradication of communicable diseases etc.; welfare includes public facilities such as education, recreation , etc.; regulatory functions related to prescribing and enforcing building regulations , encroachments on public land, birth registration and death certificate , etc.; public safety includes fire protection , street lighting , etc.; public works measures such as construction and maintenance of inner-city roads, etc.; and development functions related to town planning and development of commercial markets. In addition to
1700-482: A majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting. There is no provision for a joint sitting in case of disagreement between the two Houses. Total membership in this context has been defined to mean the total number of members comprising the House irrespective of any vacancies or absentees on any account vide Explanation to Rule 159 of
1800-572: A new House, by whatever name it goes, is elected in terms of this Constitution, and every adult in India has the right to vote – man and woman – the House that emerges then will certainly be fully representative of every section of the Indian people. It is right that House elected so – under this Constitution of course it will have the right to do anything – should have an easy opportunity to make such changes as it wants to. But in any event, we should not make
1900-567: A number of cities. These agencies usually undertake land acquisition and development works and take up remunerative projects such as markets and commercial complexes, etc. In terms of fiscal federalism , functions whose benefits largely confine to municipal jurisdictions and may be termed as the essentially municipal functions. Similarly, functions that involve substantial economics of scale or are of national interest may not be assigned to small local bodies. For valid reasons, certain functions of higher authorities are appropriate to be entrusted with
2000-522: A period of five years during the operation of a Proclamation of Emergency; and articles 83(1) and 172 (2) provide that the Council of States/Legislative Council of a State shall not be subject to dissolution but as nearly as possible one-t Part-xx Article 368 (1) of the Constitution of India grants constituent power to make formal amendments and empowers Parliament to amend the Constitution by way of addition, variation or repeal of any provision according to
2100-715: A population of 22,205. Males constitute 54% of the population and females 46%. Taraori has an average literacy rate of 62%, higher than the national average of 59.5%: male literacy is 66%, and female literacy is 56%. In Taraori, 15% of the population is under 6 years of age. Most of the population works in agriculture, particularly in the production of basmati rice . There are a large number of rice mills and few small-scale industries manufacturing dairy products, honey, soap, detergents, bajwa agri farm etc. Price quotes from Taraori Grain Market are published daily in many newspapers, such as Hindustan Times . Aside from its fort, Taraori has
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#17327728254402200-474: A simple majority. The adoption of amendments to clauses or schedules of the Bill, requires a majority of members present and voting in the same manner as in the case of any other Bill. A Bill for amendment of the Constitution by a Private Member is governed by the rules applicable to Private Members' Bills in general. The period of one month's notice applies to such a Bill also. In addition, in Lok Sabha, such
2300-489: A structure as we can make it, nevertheless there is no permanence in Constitutions. There should be a certain flexibility. If you make anything rigid and permanent, you stop a nation's growth, the growth of a living, vital, organic people. Therefore, it has to be flexible ... while we, who are assembled in this House, undoubtedly represent the people of India, nevertheless I think it can be said, and truthfully, that when
2400-615: Is a Design Agency *Adlab.Print* Specialized in Packaging & Advertisement Materials. Municipal committee In India, the Urban Local Bodies (ULBs), also called municipalities, are self-government institutions responsible for the administration of cities, towns, and transitional areas within a state or Union Territory. The 74th amendment to the Constitution of India in 1992 provided constitutional framework for
2500-649: Is a form of an urban political unit in India comparable to a municipality. The composition of Town Panchayats varies across states, serving as the governing body for areas transitioning from 'rural' to 'urban'. Town Panchayats in Tamil Nadu are established based on a population range of above 5000 and below 30,000, categorized into grades determined by criteria including population and economic growth. In Bihar , Town Panchayats are constituted for populations ranging from above 12,000 to below 40,000, while in Karnataka ,
2600-485: Is another limitation imposed on the amending power of the constitution of India, which developed during conflicts between the Supreme Court and Parliament, where Parliament wants to exercise discretionary use of power to amend the constitution while the Supreme Court wants to restrict that power. This has led to the laying down of various doctrines or rules in regard to checking the validity/legality of an amendment,
2700-482: Is ascertained and gauged to enable the House to consider the matter further. In determining whether a matter is of sufficient public importance, it should be examined whether the particular provisions in the Constitution are adequate to satisfy the current ideas and public demand at the time. In other words, the Constitution should be adapted to the current needs and demands of the progressive society and any rigidity which may impede progress should be avoided." The role of
2800-436: Is at the discretion of the states, considering factors such as total population, population density, non-agricultural employment, annual revenue generation, among other criteria. Municipal governance in India in its current form has existed since the year 1664. In 1664, Fort Kochi Municipality was established by Dutch, making it the first municipality in Indian subcontinent, which got dissolved when Dutch authority got weaker in
2900-473: Is found absolutely necessary to do so. Such amendments may generally be brought forward when it is found that the interpretation of the various articles and provisions of the Constitution has not been in accordance with the intention behind such provisions and cases of lacunae or glaring inconsistencies have come to light. Such amendments should, however, normally be brought by the Government after considering
3000-661: Is given to Parliament to make laws with respect to certain matters included in the State List (article 369); article 370 (1) (d) which empowers the President to modify, by order, provisions of the Constitution in their application to the State of Jammu and Kashmir ; provisos to articles 83 (2) and 172 (1) empower Parliament to extend the lives of the House of the People and the Legislative Assembly of every State beyond
3100-475: Is subtle and ingenious. It is said that this Constituent Assembly is not elected on adult suffrage while the future Parliament will be elected on adult suffrage and yet the former has been given the right to pass the Constitution by a simple majority while the latter has been denied the same right. It is paraded as one of the absurdities of the Draft Constitution. I must repudiate the charge because it
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3200-580: Is that the Parliament of India is elected by means of single seat districts, under the plurality voting system , used in the United Kingdom and the United States . This means that, it is possible for a party to win two thirds of the seats in Parliament without securing two thirds of the vote. For example, in the first two Lok Sabha elections held under the Constitution, the Indian National Congress party won less than one half of
3300-507: Is to initiate the process for creating or abolishing Legislative Councils in their respective legislatures, and to give their views on a proposed Parliamentary bill seeking to affect the area, boundaries or name of any State or States which has been referred to them under the proviso to Article 3 . However, this referral does not restrict Parliament's power to make any further amendments of the Bill. Article 169 (1) reads, "Notwithstanding anything in article 168, Parliament may by law provide for
3400-638: Is void for want of ratification or only an amended provision required to be ratified under proviso to clause (2) of article 368 was debated before the Supreme Court in Kihota Hollohon v. Zachilhu (AIR 1993 SC 412), in which the constitutional validity of the Tenth Schedule of the Constitution inserted by the 52nd Amendment in 1985 was challenged. The decisions of the Speakers/Chairmen on disqualification, which had been challenged in different High Courts through different petitions, were heard by
3500-467: Is without foundation. To know how simple are the provisions of the Draft Constitution in respect of amending the Constitution one has only to study the provisions for amendment contained in the American and Australian Constitutions. Compared to them those contained in the Draft Constitution will be found to be the simplest. The Draft Constitution has eliminated the elaborate and difficult procedures such as
3600-497: The 42nd Amendment but were later declared unconstitutional by the Supreme Court in Minerva Mills v. Union of India in 1980. 368. Power of Parliament to amend the Constitution and Procedure therefor: As per the procedure laid out by article 368 for amendment of the Constitution, an amendment can be initiated only by the introduction of a Bill in either House of Parliament. The Bill must then be passed in each House by
3700-475: The "scheduled castes", "scheduled tribes", and other "backward classes" and also lower classes people. In a landmark ruling in January 2007, a nine judge constitutional bench of the Supreme Court of India confirmed that all laws (including those in Schedule 9) would be open to judicial review if they violate the "basic structure of the constitution". Chief Justice Yogesh Kumar Sabharwal noted, "If laws put in
3800-481: The 18th century. British followed with the formation of Madras Municipal Corporation in 1687, and then Calcutta and Bombay Municipal Corporation in 1726. In the early part of the nineteenth century almost all towns in India had experienced some form of municipal governance. In 1882 the then Viceroy of India , Lord Ripon , known as the Father of Local Self Government, passed a resolution of local self-government which lead
3900-604: The Constitution as may be necessary, it shall not be deemed to be an amendment of the Constitution for the purposes of article 368. The Legislative Councils Act, 1957 , which provided for the creation of a Legislative Council in Andhra Pradesh and for increasing the strength of the Legislative Councils in certain other States, is an example of a law passed by Parliament in an exercise of its powers under article 169. The Fifth Schedule contains provisions as to
4000-525: The Constitution of India Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India . This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India . However, there
4100-511: The Constitution which has acted as an obstacle in their way. Parliament will have an axe to grind while the Constituent Assembly has none. That is the difference between the Constituent Assembly and the future Parliament. That explains why the Constituent Assembly though elected on limited franchise can be trusted to pass the Constitution by simple majority and why the Parliament though elected on adult suffrage cannot be trusted with
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4200-489: The Constitution. While doing so, the majority treated Paragraph 7 as a severable part from the rest of the Schedule. However, in the dissenting opinion , the minority of the Judges held that the entire Amendment is invalid for want of ratification. Despite the super majority requirement in the Constitution, it is one of the most frequently amended governing documents in the world, and the most amended national constitution in
4300-488: The Constitution." Hence, barring the requirements of special majority, ratification by the State Legislatures in certain cases, and the mandatory assent by the President, a Bill for amending the Constitution is dealt with the Parliament following the same legislative process as applicable to an ordinary piece of legislation. The Rules of the House in the Rajya Sabha do not contain special provisions with regard to Bills for
4400-483: The Corporations Act of 1835 which mainly deals in providing essential services in a major city. Their elections are held once in five-year and the people choose the candidates. The largest corporations are in the eight metropolitan cities of India, namely Mumbai , Delhi , Kolkata , Chennai , Bangalore , Hyderabad , Ahmedabad , Surat , and Pune . These cities not only have a large population but are also
4500-695: The Directorate of Municipalities or through the collector of a district . These local bodies are subject to detailed supervisory control and guidance by the state governments. State Municipal Acts are legislations enacted by state governments to establish municipal governments, administer them, and provide a framework of governance for cities within the state. Every state has its own municipal act and some states have more than one municipal act, governing larger and smaller municipalities under different acts. Various processes including rules for elections, recruitment of staff, and demarcation of urban areas derived from
4600-632: The First Schedule or the Fourth Schedule and supplemental, incidental and consequential matters, shall not be deemed to be amendments of the Constitution for the purposes of article 368. For example, the States Reorganisation Act, 1956 , which brought about the reorganization of the States in India, was passed by Parliament as an ordinary piece of legislation. In Mangal Singh v. Union of India (A.I.R. 1967 S.C. 944),
4700-525: The House with only the bare quorum present. Voting at all the above stages is by division. However, the Speaker may, with the concurrence of the House, put any group of clauses or schedules together to the vote of the House, provided that the Speaker will permit any of the clauses or schedules be put separately, if any member requests that. The Short Title, Enacting Formula and the Long Title are adopted by
4800-532: The Municipalities – as if under principal-agent contracts and may be called agency functions that need to be financed by intergovernmental revenues. Thus instead of continuing the traditional distinction between obligatory and discretionary functions the municipal responsibilities may be grouped into essentially municipal , joint and agency functions. The suggested functions to municipal corporations, municipalities, and town panchayats are listed in
4900-589: The Nagar Panchayats. Town boards are also known by different names depending on the region, including: Nagar Panchayat , Taluk Panchayat, Municipal Board, Town Panchayat, and Pura Panchayat. Certain states lack Town Panchayats or equivalent urban local bodies. In the case of Kerala , Town Panchayats currently may not be in existence or may not be constituted, despite being stipulated in the Kerala Municipality Act. Amendment of
5000-621: The Ninth Schedule abridge or abrogate fundamental rights resulting in violation of the basic structure of the constitution, such laws need to be invalidated". Constitutional amendments have been made to facilitate changes in the territorial extent of the Republic of India due to the incorporation of the former French colony of Pondicherry, the former Portuguese colony of Goa , and a minor exchange of territory with Pakistan . Amendments are also necessary with regard to littoral rights over
5100-488: The President may allow and the period so specified or allowed has expired. Union territories have no say in constitutional amendments, including the ratification process which is only open to States. Delhi , Puducherry and Jammu and Kashmir are three union territories that are entitled, by special constitutional amendments, to have an elected Legislative Assembly and a Cabinet of ministers, thereby enjoying partial statehood powers. These three territories can participate in
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#17327728254405200-475: The Rules of Procedure and Conduct of Business in Lok Sabha. The Bill, passed by the required majority, is then presented to the President who shall give his assent to the Bill. If the amendment seeks to make any change in any of the provisions mentioned in the proviso to article 368, it must be ratified by the Legislatures of not less than one-half of the States. These provisions relate to certain matters concerning
5300-656: The Select/Joint Committee be taken into consideration, in case a Bill has been referred to a Committee; for adoption of each clause or schedule or clause or schedule as amended, of a Bill; or that the Bill or the Bill as amended, as the case may be, be passed. This provision was arrived at after consultation with the Attorney-General and detailed discussions in the Rules Committee. It has been described as "evidently ex abundanti cautela ",
5400-479: The State Legislatures. The last two categories are governed by article 368. Ambedkar speaking in the Constituent Assembly on 17 September 1949, pointed out that there were "innumerable articles in the Constitution" which left matters subject to laws made by Parliament. Under article 11, Parliament may make any provision relating to citizenship notwithstanding anything in article 5 to 10. Thus, by passing ordinary laws, Parliament may, in effect, provide, modify or annul
5500-482: The Supreme Court held that power to reduce the total number of members of Legislative Assembly below the minimum prescribed under article 170 (1) is implicit in the authority to make laws under article 4. Article 169 empowers Parliament to provide by law for the abolition or creation of the Legislative Councils in States and specifies that though such law shall contain such provisions for the amendment of
5600-494: The Union and the States (Chapter I of Part XI and Seventh Schedule); the representation of States in Parliament; and the provision for amendment of the Constitution laid down in article 368. Ratification is done by a resolution passed by the State Legislatures. There is no specific time limit for the ratification of an amending Bill by the State Legislatures. However, the resolutions ratifying the proposed amendment must be passed before
5700-552: The abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting." The proviso of article 3 provides that no bill for
5800-554: The administration and control of the Schedule Areas and Scheduled Tribes . Para 7 of the Schedule vests Parliament with plenary powers to enact laws amending the Schedule and lays down that no such law shall be deemed to be an amendment of the Constitution for the purposes of article 368. Under Para 21 of the Sixth Schedule, Parliament has full power to enact laws amending the Sixth Schedule which contains provisions for
5900-455: The administration of Tribal Areas in the States of Assam , Meghalaya , Tripura and Mizoram . No such law will be deemed to be an amendment of the Constitution for the purposes of article 368. The second category includes amendments that can be effected by Parliament by a prescribed ‘ special majority '; and the third category of amendments includes those that require, in addition to such "special majority", ratification by at least one-half of
6000-422: The administrative as well as commercial centres of the country. A Municipality , or Municipal Council , is an urban local body that administers a smaller urban area with a minimum population of 100,000 but less than 1,000,000. However, there are exceptions to that, as previously municipalities were constituted in urban centers with a population over 20,000 were reclassified as Municipality even if their population
6100-560: The amending Bill is presented to the President for his assent. Article 368 does not specify the legislative procedure to be followed at various stages of enacting an amendment. There are gaps in the procedure as to how and after what notice a Bill is to be introduced, how it is to be passed by each House and how the President's assent is to be obtained. This point was decided by the Supreme Court in Shankari Prasad Singh Deo v. Union of India (AIR 1951 SC 458). Delivering
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#17327728254406200-676: The amending Bill is presented to the President for his/her assent. Every constitutional amendment is formulated as a statute. The first amendment is called the "Constitution (First Amendment) Act", the second, the "Constitution (Second Amendment) Act", and so forth. Each usually has the long title "An Act further to amend the Constitution of India". The original constitution provided for three categories of amendments. The first category of amendments are those contemplated in articles 4 (2), 169, 239A (2), 239AA (7b), 243M (4b), 243ZC (3), 244A (4), 312(4), para 7(2) of Schedule V and para 21(2) of Schedule VI. These amendments can be effected by Parliament by
6300-414: The amendment of parts of a Constitution. An amendment of the Constitution can be initiated only by the introduction of a Bill in either House of Parliament . The Bill must then be passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting. This is known as special majority. There is no provision for
6400-424: The amendment of the Constitution and the Rules relating to ordinary Bills apply, subject to the requirements of article 368. The Rules of Procedure and Conduct of Business make certain specific provisions regarding amendment bills in the Lok Sabha. They relate to the voting procedure in the House at various stages of such Bills, in the light of the requirements of article 368; and the procedure before introduction in
6500-405: The amendment of the Constitution should be made easier as he felt there were contradictory provisions in some places which would be more and more apparent when the provisions were interpreted, and that the whole administration would suffer, if the amendment to the Constitution was not made easy. Brajeshwar Prasad also favored a flexible Constitution so as to make it survive the test of time. He was of
6600-416: The authority) basis and the state governments were free to extend or control the functional sphere through executive decisions without an amendment to the legislative provisions. As per the 2011 Census, the key urbanised areas were classified as follows Statutory towns are of various kinds and the major categories include The municipal corporations and municipalities are fully representative bodies, while
6700-414: The background of the proposal or measures which the Government may be considering at the time so that consolidated proposals are brought forward before the House by the Government after collecting sufficient material and taking expert advice. (iv) Whenever a Private Member's Bill raises issues of far-reaching importance and public interest, the Bill might be allowed to be introduced so that public opinion
6800-554: The basic framework of the Constitution, there is no other limitation placed upon the amending power, meaning that there is no provision of the Constitution that cannot be amended. In Abdul Rahiman Jamaluddin v. Vithal Arjun ( AIR 1958 Bombay, 94, (1957)), the Bombay High Court held that any attempt to amend the Constitution by a Legislature other than Parliament, and in a manner different from that provided for, will be void and inoperative. The Supreme Court first struck down
6900-464: The case of such Bills, if sponsored by Private Members. Although the "special majority", required by article 368 is prima facie applicable only to the voting at the final stage, the Lok Sabha Rules prescribe adherence to this constitutional requirement at all the effective stages of the Bill, i.e., for adoption of the motion that the Bill be taken into consideration; that the Bill as reported by
7000-402: The classification is denoted as Class A, B, C. The criteria for these classifications include population, population density, non-agricultural employment, and other relevant parameters. It interacts directly with the state government, though it is administratively part of the district it is located in. Generally smaller district cities and bigger towns have a Municipality. Municipalities are also
7100-540: The constitution cannot be altered by amendment. Parliament attempted to remove this limitation by enacting the Forty-second Amendment , which declared, among other provisions, that "there shall be no limitation whatever on the constituent power of Parliament to amend ...this Constitution". However, this change was itself later declared invalid by the Supreme Court in Minerva Mills v. Union of India . The issue of whether an entire constitutional amendment
7200-619: The criteria are above 10,000 and below 20,000. Each Nagar Panchayat has a committee consisting of a chairman with ward members. Membership consists of a minimum of ten elected ward members and three nominated members. The members of the Nagar Panchayat are elected from the several wards of the Nagar Panchayat on the basis of adult franchise for a term of five years. There are seats reserved for Scheduled Castes, Scheduled Tribes, backward classes, and women. The Councillors or Ward Members are chosen by direct election from electoral wards in
7300-639: The democratic forms of municipal governance in India. In 1919, a Government of India Act incorporated the need of the resolution and the powers of democratically elected government were formulated. In 1935 another Government of India act brought local government under the preview of the state or provincial government and specific powers were given. It was the 74th amendment to the Constitution of India in 1992 that brought constitutional validity to municipal or local governments. Until amendments were made in respective state municipal legislations as well, municipal authorities were organised on an ultra vires (beyond
7400-475: The discussion in the Constituent Assembly on this aspect, some members were in favor of adopting an easier mode of amending procedure for the initial five to ten years. Explaining why it was necessary to introduce an element of flexibility in the Constitution, Jawaharlal Nehru observed in the Constituent Assembly on 8 November 1948, "While we want this Constitution to be as solid and as permanent
7500-441: The establishment of Urban Local Bodies. There are three types of Urban Local Bodies in India, which includes municipal corporations governing large urban areas, municipal councils governing smaller urban areas, and nagar panchayats governing transitional areas from rural to urban. They are established by individual state governments and can differ in names, election method, or tier structure. The classification of these areas
7600-500: The exclusive economic zone of 200 mi and the formation of new states and union territories by the reorganization of existing states. Constitutional amendment under article 368 allows peaceful division of the country provided fundamental rights (Article 13) are ensured in all the resultant countries. The constitution (ninth amendment) act, 1960 is an example which has ceded territory to old Pakistan. The constitution includes transitional provisions intended to remain in force only for
7700-482: The federal structure or of common interest to both the Union and the States viz., the election of the President (articles 54 and 55); the extent of the executive power of the Union and the States (articles 73 and 162); the High Courts for Union territories (article 241); The Union Judiciary and the High Courts in the States (Chapter IV of Part V and Chapter V of Part VI); the distribution of legislative powers between
7800-525: The invading army of Muhammad of Ghaur at the First Battle of Tarain . The following year, Ghauri invaded again and defeated Prithviraj's forces here, at the Second Battle of Tarain . A wall around the fort is now in a dilapidated condition. A mosque and a tank, said to be the works of Aurangzeb , are still in existence. Taraori is also known as Tarain . As of 2001 India census , Taraori had
7900-478: The judgment, Patanjali Sastri J. observed, "Having provided for the constitution of a Parliament and prescribed a certain procedure for the conduct of its ordinary legislative business to be supplemented by rules made by each House (article 118), the makers of the Constitution must be taken to have intended Parliament to follow that procedure, so far as it may be applicable consistently with the express provisions of article 368, when they entrusted to it power of amending
8000-549: The legally assigned functions, the sectoral departments of the state government often assign unilaterally, and on an agency basis, various functions such as family planning , nutrition and slum improvement, disease and Epidemic control, etc. Besides the traditional core functions of municipalities, it also includes development functions like planning for economic development and social justice , urban poverty alleviation programs, and promotion of cultural, educational, and aesthetic aspects. However, conformity legislation enacted by
8100-571: The list of municipal functions as suggested in the twelfth schedule. There is a lot of difference in the assignment of obligatory and discretionary functions to the municipal bodies among the states. Whereas functions like planning for the social and economic development, urban forestry and protection of the environment and promotion of ecological aspects are obligatory functions for the municipalities of Maharashtra , in Karnataka these are discretionary functions. The provision of water supply and sewerage in several states has either been taken over by
8200-412: The matter in all its aspects and consulting experts, and taking such other advice as they may deem fit. (ii) Some time should elapse before a proper assessment of the working of the Constitution and its general effect is made so that any amendments that may be necessary are suggested as a result of sufficient experience. (iii) Generally speaking, notice of Bills from Private Members should be examined in
8300-548: The most famous among them is the Basic structure doctrine as laid down by the Supreme Court in the case of Kesavananda Bharati v. State of Kerala . The framers of the Constitution were neither in favor of the traditional theory of federalism , which entrusts the task of constitutional amendment to a body other than the Legislature, nor did they favor a rigid special procedure for such amendments. They also never wanted to have
8400-572: The national vote but roughly two thirds of seats in the chamber. The most important and frequent reason for amendments to the Constitution is the curtailment of the Fundamental Rights charter. This is achieved by inserting laws contrary to the fundamental rights provisions into Schedule 9 of the Constitution. Schedule 9 protects such laws from judicial review . The typical areas of restriction include laws relating to property rights, and affirmative action in favour of minority groups such as
8500-441: The notified area committees and town area committees are either fully or partially nominated bodies. As per the Constitution of India , 74th Amendment Act of 1992, the latter two categories of towns are to be designated as municipalities or Nagar panchayats with elected bodies. After the 74th Amendment was enacted there are only three categories of urban local bodies: Among all urban local governments, municipal corporations enjoy
8600-523: The operation of certain provisions of the Constitution without actually amending them within the meaning of article 368. Since such laws do not, in fact, make any change whatsoever in the letter of the Constitution, they cannot be regarded as amendments of the Constitution nor categorized as such. Other examples include Part XXI of the Constitution—"Temporary, Transitional and Special Provisions" whereby "Notwithstanding anything in this Constitution" power
8700-474: The opinion that rigidity tends to check progressive legislation or gradual innovation. On the other hand, H.V. Kamath favored ensuring procedural safeguards to avoid the possibility of hasty amendment to the Constitution. "It is said that the provisions contained in the Draft make amendment difficult. It is proposed that the Constitution should be amendable by a simple majority at least for some years. The argument
8800-582: The procedure laid down therein, which is different from the procedure for ordinary legislation. Article 368 has been amended by the 24th and 42nd Amendments in 1971 and 1976 respectively. The following is the full text of Article 368 of the Constitution, which governs constitutional amendments. New clauses 368 (1) and 368 (3) were added by the 24th Amendment in 1971, which also added a new clause (4) in article 13 which reads, "Nothing in this article shall apply to any amendment of this Constitution made under article 368." The provisions in italics were inserted by
8900-417: The purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States, the bill has been referred by the President to the Legislature of the State for expressing its views thereon within such period as may be specified in the reference or within such further period as
9000-400: The ratification process. The Constitution can be amended any number of times by the Parliament; but only in the manner provided. There is no such limit provided in the constitution of India which allows it to enact only certain number of amendments in a year. In other words, Parliament is free to enact any number of constitutional amendment in any given year. Although Parliament must preserve
9100-449: The same power to amend it." The Constitution of India provides for a distinctive amendment process when compared to the Constitutions of other nations. This can be described as partly flexible and partly rigid. The Constitution provides for a variety in the amending process. This feature has been commended by Australian academic Sir Kenneth Wheare who felt that uniformity in the amending process imposed "quite unnecessary restrictions" upon
9200-605: The state governments indicates wide variations in this regard. Whereas Bihar , Gujarat , Himachal Pradesh , Haryana , Manipur , Punjab and Rajasthan have included all the functions as enlisted in the Twelfth Schedule in their amended state municipal laws, Andhra Pradesh has not made any changes in the existing list of municipal functions. Karnataka , Kerala , Madhya Pradesh , Maharashtra , Odisha , Tamil Nadu , Uttar Pradesh and West Bengal states have amended their municipal laws to add additional functions in
9300-569: The state governments or transferred to state agencies. For example, in Tamil Nadu , Madhya Pradesh and Gujarat , water supply and sewerage works are being carried out by the state-level Public Health Engineering Department or the Water Supply and Sewerage Boards, while liability for repayment of loans and maintenances are with the municipalities. Besides these state-level agencies, City Improvement Trusts and Urban Development Authorities, like Delhi Development Authority (DDA), have been set up in
9400-433: The state municipal acts. Most Municipal Acts are enforced across all statutory urban areas in the respective states except the cantonment areas. The Government of India had issued a Model Municipal Law in 2003 which aimed to consolidate and amend the laws relating to the municipal governments in the various states and bring them into conformity with the provisions of the 74th CAA. The municipal bodies of India are vested with
9500-446: The states in constitutional amendment is limited. State legislatures cannot initiate any Bill or proposal for amendment of the Constitution. They are associated in the process of the amendment only through the ratification procedure laid down in article 368, in case the amendment seeks to make any change in any of the provisions mentioned in the proviso to article 368. The only other provision for constitutional changes by state legislatures
9600-582: The table below. Nagar Nigam and other names in different states (translated as "Municipal Corporation/City Corporation") in India are state government formed urban local bodies that work for the development of a metropolitan city , which has a population of more than 1 million. The growing population and urbanisation in various cities of India were in need of a local governing body that can work for providing necessary community services like health centres, educational institutes, and housing and property tax. They also replace street lights. They are formed under
9700-399: The total membership of each House. It is difficult to conceive a simpler method of amending the Constitution. What is said to be the absurdity of the amending provisions is founded upon a misconception of the position of the Constituent Assembly and of the future Parliament elected under the Constitution. The Constituent Assembly in making a Constitution has no partisan motive. Beyond securing
9800-465: The twenty-fourth Amendment of the Constitution of India which declared that "nothing in Article 13 shall apply to any amendment of this Constitution". The current limitation on amendments comes from Kesavananda Bharati vs. The State of Kerala , where the Supreme Court ruled that amendments of the constitution must respect the " basic structure " of the constitution, and certain fundamental features of
9900-443: The world; amendments have averaged about two a year. This is partly because the Constitution is so specific in spelling out government powers that amendments are often required to deal with matters that could be addressed by ordinary statutes in other democracies. As a result, it is the longest constitution of any sovereign nation in the world. It currently consists of over 117,000 words (450 articles plus 104 amendments). Another reason
10000-659: Was under 100,000. Locally, the municipality is known as Nagar Palika and these are constituted by the Municipal Acts of the respective states. Municipalities in India are categorized into City Municipal Councils and Town Municipal Councils or grades, the classification of which depends on factors like population, economic growth, employment, and more. This classification varies from state to state. For instance, in Kerala , municipalities are graded as I, II, III, while in Bihar ,
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