The Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986 is a cornerstone in the Indian judicial history, highlighting the delicate balance of power between the executive and legislative branches of government . The case stemmed from a practice that had become routine for the Bihar government: the re-promulgation of ordinances without legislative approval, a process that Dr. D.C. Wadhwa, an economics professor, found to be a subversion of democratic principles . The Supreme Court's decision in this case was a resounding affirmation of constitutional law and its supremacy over executive convenience. By declaring the practice of re-promulgating ordinances without legislative consent as unconstitutional, the court reinforced the necessity of legislative scrutiny and the impermanence of ordinances, which are meant to be emergency measures, not a backdoor for enacting laws. This landmark judgment serves as a reminder of the importance of checks and balances within
MUNICIPALITIES
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A municipality is a political subdivision of a state that establishes a municipal corporation to provide general local government for a specific population concentration within a defined area. These urban local bodies play a crucial role in governing cities and towns. Let’s explore more about municipalities:
Definition:
- A municipality is a primarily urban political unit with corporate status and usually powers of self-government.
- It operates within a specific urban area, which is demarcated by the state government for governance purposes123.
Evolution of Urban Bodies in India:
- The institutions of urban local government in India have a historical context:
- The first municipal corporation in India was established in Madras (now Chennai) in 1687-88.
- Municipal corporations were subsequently set up in Bombay (now Mumbai) and Calcutta (now Kolkata) in the 18th century.
- Lord Ripon, known as the “father of local self-government in India,” introduced significant reforms during his tenure as Viceroy in the 1880s.
- The Royal Commission on decentralization submitted its report in 1909, emphasizing local self-government.
- Under the Government of India Act, 1919, local self-government became a transferred subject under responsible Indian ministers.
- The Cantonments Act was passed in 1924.
- The Government of India Act, 1935, declared local self-government a provincial subject.
- These historical milestones paved the way for the development of urban local bodies4.
- The institutions of urban local government in India have a historical context:
74th Constitutional Amendment Act (CAA):
- The 74th Amendment Act of 1992 constitutionalized urban local governments in India.
- It added a new Part IX-A to the Constitution, providing a basic framework for decentralization of powers and authorities to municipal bodies.
- The term “Urban Local Government” signifies governance in urban areas through elected representatives.
- The 74th CAA gave a constitutional foundation to local self-government units in urban areas, ensuring their active participation in decision-making and resource management4.
Types of Urban Governments:
- Urban local bodies include:
- Municipal Corporations: Large cities with extensive administrative powers.
- Municipalities: Smaller towns and cities.
- Town Panchayats: Smaller urban areas.
- These bodies handle various functions such as infrastructure development, health, education, sanitation, and more5.
- Urban local bodies include:
In summary, municipalities are essential for managing urban areas, providing services like water supply, sanitation, and waste collection. They contribute significantly to local governance and community well-being.
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