Articles 243ZE, 243ZF and 243ZG of the Constitution of India

Articles 243ZE, 243ZF and 243ZG form part of Part IXA of the Constitution of India, which deals with Municipalities. These provisions concern Metropolitan Planning Committees, the transitional continuance of pre-existing municipal laws and Municipalities, and the constitutional restriction on court interference in specified municipal electoral matters.

What do Articles 243ZE, 243ZF and 243ZG provide?

Part IXA of the Constitution - Municipalities

Part IXA was introduced by the Constitution (Seventy-fourth Amendment) Act, 1992. It establishes the constitutional framework governing Municipalities and includes provisions concerning their constitution, composition, duration, powers, taxation, elections and planning.

Articles 243ZE to 243ZG appear near the end of Part IXA. Article 243ZE deals with metropolitan planning, Article 243ZF contains a transitional provision for existing municipal laws and Municipalities, and Article 243ZG regulates challenges relating to specified municipal electoral matters.

Important constitutional terms

Article 243P contains definitions used in Part IXA. In particular, a Metropolitan area means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be a Metropolitan area for the purposes of Part IXA.

A Municipality means an institution of self-government constituted under Article 243Q. A Panchayat means a Panchayat constituted under Article 243B.

These definitions are important for understanding the composition and functions of the Metropolitan Planning Committee contemplated by Article 243ZE.

Article 243ZE - Committee for Metropolitan Planning

Article 243ZE provides the constitutional framework for a Metropolitan Planning Committee. Its principal function is to prepare a draft development plan for the Metropolitan area as a whole.

Article 243ZE: Committee for Metropolitan planning

(1) There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.

(2) The Legislature of a State may, by law, make provision with respect to -

(a) the composition of the Metropolitan Planning Committees;

(b) the manner in which the seats in such Committees shall be filled:

Provided that not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area;

(c) the representation, in such Committees of the Government of India and the Government of the State and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such Committees;

(d) the functions relating to planning and coordination for the Metropolitan area which may be assigned to such Committees;

(e) the manner in which the Chairpersons of such Committees shall be chosen.

(3) Every Metropolitan Planning Committee shall, in preparing the draft development plan, -

(a) have regard to -

(i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area;

(ii) matters of common interest between the Municipalities and the Panchayats, including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;

(iii) the overall objectives and priorities set by the Government of India and the Government of the State;

(iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government of the State and other available resources whether financial or otherwise;

(b) consult such institutions and organisations as the Governor may, by order, specify.

(4) The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.

Meaning and purpose of Article 243ZE

Article 243ZE creates a constitutional mechanism for coordinated metropolitan planning. A Metropolitan area may include several Municipalities and Panchayats. Development issues such as land use, infrastructure, water resources and environmental conservation can therefore extend beyond the boundaries of a single local authority.

The provision requires representation of elected local bodies in the planning process. At least two-thirds of the members of the Metropolitan Planning Committee must be elected by and from amongst elected members of Municipalities and Chairpersons of Panchayats in the Metropolitan area, in the constitutionally specified proportion.

Article 243ZF - Continuance of Existing Laws and Municipalities

Article 243ZF was designed as a transitional provision following the introduction of Part IXA. It addressed municipal laws already in force immediately before commencement of the Constitution (Seventy-fourth Amendment) Act, 1992 and the continuance of existing Municipalities.

Article 243ZF: Continuance of existing laws and Municipalities

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.

Effect of Article 243ZF

The first part of Article 243ZF provided a limited transitional period for inconsistent pre-existing municipal laws. Such provisions could continue only until amendment or repeal by the competent authority or until expiration of the constitutionally specified one-year period, whichever occurred earlier.

The proviso separately protected the duration of Municipalities already existing immediately before commencement, subject to the constitutional mechanism for their earlier dissolution stated in the proviso.

Article 243ZG - Bar to Interference by Courts in Electoral Matters

Article 243ZG concerns judicial interference in specified matters connected with municipal elections. It has two distinct parts: clause (a) concerns delimitation and allotment of seats, while clause (b) provides the prescribed route for questioning an election to a Municipality.

Article 243ZG: Bar to interference by Courts in electoral matters

Notwithstanding anything in this Constitution, -

(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under Article 243ZA shall not be called in question in any court;

(b) no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.

What does the bar under Article 243ZG mean?

Clause (a) protects from court challenge the validity of laws relating to delimitation of constituencies or allotment of seats made or purporting to be made under Article 243ZA.

Clause (b) provides that an election to a Municipality is to be questioned through an election petition before the authority and in the manner prescribed by or under the applicable State law. The provision therefore establishes a constitutionally prescribed election-dispute mechanism rather than an ordinary challenge to the municipal election.

Article 243ZG and Article 243ZA

Article 243ZG should be read with Article 243ZA. Article 243ZA vests the superintendence, direction and control of preparation of electoral rolls for, and conduct of, municipal elections in the State Election Commission referred to in Article 243K. It also permits the State Legislature, subject to the Constitution, to make law concerning municipal elections.

Articles 243ZE, 243ZF and 243ZG at a Glance

Article 243ZE provides for Metropolitan Planning Committees and preparation of a draft development plan for a Metropolitan area.

Article 243ZF contains transitional provisions concerning municipal laws that existed before commencement of the Seventy-fourth Amendment and the continuation of then-existing Municipalities.

Article 243ZG restricts court challenges concerning delimitation and allotment of seats and requires a municipal election to be questioned through the election-petition procedure prescribed by State law.

Official Constitutional Source

The authoritative constitutional text should be checked from the official Legislative Department publication, particularly where the provision is being relied upon in litigation, legal drafting or formal advice.

Constitution of India - Legislative Department, Government of India