Panchayati Raj and Community Development (Part-IV)

Total Questions: 48

21. By which Amendment of the Indian Constitution have the municipal laws been updated? [M.P. P.C.S. (Pre) 2023]

Correct Answer: (c) 74
Solution:Part IX-A (Article 243P-243ZG) was inserted by 74 Amendment of the Constitution in 1992 to give a Constitutional status to the units of local self governance in urban areas. A new Schedule (12 Schedule) was also added by this Amendment Act.

The salient features of the 74th Constitutional Amendment Act of 1992 are as follows:

  • Three Types of Municipalities - The Act provides for three types of Municipalities in every State - Nagar Panchayat, Municipal Council, and Municipal Corporation.
  • Composition of Municipalities - The Act provides for the composition of Municipalities and the way of election/nomination of their members.
  • Ward Committees and Other Committees - The Act empowers the State Legislature to make provisions for the constitution of Ward Committees and Other Committees for specified areas and for specified purposes.
  • Election of Chairperson and Members - The Act provides detailed provisions regarding the election of Members and Chairperson of Municipalities.
  • Reservation of Seats - The Act makes provisions for the reservation of seats for Scheduled Castes, Scheduled Tribes, Women, and OBCs in Municipalities.
  • Duration of Municipalities - The Act provides for a five-year term of office to every Municipality from the date of its first meeting.
  • Disqualifications of Members of Municipalities - It details conditions regarding disqualifications of members of Municipalities.
  • Powers and Functions - The State Legislature may endow the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government.
  • Finances of Municipalities - The State Legislature may authorize a Municipality to levy, collect, and appropriate taxes, duties, tolls, and fees.
  • Audit of Accounts-The State Legislature may make provisions with respect to the maintenance of accounts by Municipalities and the auditing of such accounts.
  • Application to Union Territories - The provisions of the Municipalities are applicable to the Union Territories. However, the President may direct that they would apply to a Union Territory subject to such exceptions and modifications as specified by the President of India.
  • Exempted Areas - The Act does not apply to the Scheduled Areas and Tribal Areas in the States. However, the Parliament may extend the provisions of Municipalities to the Scheduled Areas and Tribal Areas subject to such exceptions and modifications as it may specify.

22. Which Constitutional amendment provided Constitutional status to the urban local governments? [Uttarakhand P.C.S. (Pre) 2012]

Correct Answer: (c) 74th
Solution:Part IX-A (Article 243P-243ZG) was inserted by 74 Amendment of the Constitution in 1992 to give a Constitutional status to the units of local self governance in urban areas. A new Schedule (12 Schedule) was also added by this Amendment Act.

The salient features of the 74th Constitutional Amendment Act of 1992 are as follows:

  • Three Types of Municipalities - The Act provides for three types of Municipalities in every State - Nagar Panchayat, Municipal Council, and Municipal Corporation.
  • Composition of Municipalities - The Act provides for the composition of Municipalities and the way of election/nomination of their members.
  • Ward Committees and Other Committees - The Act empowers the State Legislature to make provisions for the constitution of Ward Committees and Other Committees for specified areas and for specified purposes.
  • Election of Chairperson and Members - The Act provides detailed provisions regarding the election of Members and Chairperson of Municipalities.
  • Reservation of Seats - The Act makes provisions for the reservation of seats for Scheduled Castes, Scheduled Tribes, Women, and OBCs in Municipalities.
  • Duration of Municipalities - The Act provides for a five-year term of office to every Municipality from the date of its first meeting.
  • Disqualifications of Members of Municipalities - It details conditions regarding disqualifications of members of Municipalities.
  • Powers and Functions - The State Legislature may endow the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government.
  • Finances of Municipalities - The State Legislature may authorize a Municipality to levy, collect, and appropriate taxes, duties, tolls, and fees.
  • Audit of Accounts-The State Legislature may make provisions with respect to the maintenance of accounts by Municipalities and the auditing of such accounts.
  • Application to Union Territories - The provisions of the Municipalities are applicable to the Union Territories. However, the President may direct that they would apply to a Union Territory subject to such exceptions and modifications as specified by the President of India.
  • Exempted Areas - The Act does not apply to the Scheduled Areas and Tribal Areas in the States. However, the Parliament may extend the provisions of Municipalities to the Scheduled Areas and Tribal Areas subject to such exceptions and modifications as it may specify.

23. Part IX-A of the Constitution of India gave a constitutional foundation to the Local Self Government units in the following areas- [U.P.R.O./A.R.O. (Mains) 2021]

  1. Rural areas
  2. Urban areas

Select the correct answer from the code given below:

Correct Answer: (b) Only 2
Solution:Part IX-A (Article 243P-243ZG) was inserted by 74 Amendment of the Constitution in 1992 to give a Constitutional status to the units of local self governance in urban areas. A new Schedule (12 Schedule) was also added by this Amendment Act.

The salient features of the 74th Constitutional Amendment Act of 1992 are as follows:

  • Three Types of Municipalities - The Act provides for three types of Municipalities in every State - Nagar Panchayat, Municipal Council, and Municipal Corporation.
  • Composition of Municipalities - The Act provides for the composition of Municipalities and the way of election/nomination of their members.
  • Ward Committees and Other Committees - The Act empowers the State Legislature to make provisions for the constitution of Ward Committees and Other Committees for specified areas and for specified purposes.
  • Election of Chairperson and Members - The Act provides detailed provisions regarding the election of Members and Chairperson of Municipalities.
  • Reservation of Seats - The Act makes provisions for the reservation of seats for Scheduled Castes, Scheduled Tribes, Women, and OBCs in Municipalities.
  • Duration of Municipalities - The Act provides for a five-year term of office to every Municipality from the date of its first meeting.
  • Disqualifications of Members of Municipalities - It details conditions regarding disqualifications of members of Municipalities.
  • Powers and Functions - The State Legislature may endow the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government.
  • Finances of Municipalities - The State Legislature may authorize a Municipality to levy, collect, and appropriate taxes, duties, tolls, and fees.
  • Audit of Accounts-The State Legislature may make provisions with respect to the maintenance of accounts by Municipalities and the auditing of such accounts.
  • Application to Union Territories - The provisions of the Municipalities are applicable to the Union Territories. However, the President may direct that they would apply to a Union Territory subject to such exceptions and modifications as specified by the President of India.
  • Exempted Areas - The Act does not apply to the Scheduled Areas and Tribal Areas in the States. However, the Parliament may extend the provisions of Municipalities to the Scheduled Areas and Tribal Areas subject to such exceptions and modifications as it may specify.

24. The provision of reservation of seats for scheduled tribes in Municipalities in Madhya Pradesh has been made under which of the following Articles of the constitution of India? [M.P.P.C.S. (Pre) 2020]

Correct Answer: (a) 243 T (1)
Solution:Article 243 T (1) of the Indian Constitution made provision for reservation of seats for scheduled tribes in Municipalities in Madhya Pradesh.

The salient features of the 74th Constitutional Amendment Act of 1992 are as follows:

  • Three Types of Municipalities - The Act provides for three types of Municipalities in every State - Nagar Panchayat, Municipal Council, and Municipal Corporation.
  • Composition of Municipalities - The Act provides for the composition of Municipalities and the way of election/nomination of their members.
  • Ward Committees and Other Committees - The Act empowers the State Legislature to make provisions for the constitution of Ward Committees and Other Committees for specified areas and for specified purposes.
  • Election of Chairperson and Members - The Act provides detailed provisions regarding the election of Members and Chairperson of Municipalities.
  • Reservation of Seats - The Act makes provisions for the reservation of seats for Scheduled Castes, Scheduled Tribes, Women, and OBCs in Municipalities.
  • Duration of Municipalities - The Act provides for a five-year term of office to every Municipality from the date of its first meeting.
  • Disqualifications of Members of Municipalities - It details conditions regarding disqualifications of members of Municipalities.
  • Powers and Functions - The State Legislature may endow the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government.
  • Finances of Municipalities - The State Legislature may authorize a Municipality to levy, collect, and appropriate taxes, duties, tolls, and fees.
  • Audit of Accounts-The State Legislature may make provisions with respect to the maintenance of accounts by Municipalities and the auditing of such accounts.
  • Application to Union Territories - The provisions of the Municipalities are applicable to the Union Territories. However, the President may direct that they would apply to a Union Territory subject to such exceptions and modifications as specified by the President of India.
  • Exempted Areas - The Act does not apply to the Scheduled Areas and Tribal Areas in the States. However, the Parliament may extend the provisions of Municipalities to the Scheduled Areas and Tribal Areas subject to such exceptions and modifications as it may specify.

25. The tenure of a Mayor is of - [U.P.P.C.S. (Pre) 1992]

Correct Answer: (d) 5 year
Solution:The Mayor is the highest-ranking official in a Municipal Government in a city. According to Article 243(U), the tenure of Mayor is 5 years. However, in Delhi and Bangalore, the tenure of Mayor is one year, and in Mumbai, it is 2.5 years.

Duration of Municipalities

  • The 74th Constitutional Amendment Act of 1992 provides for a five-year term of office for every Municipality from the date of its first meeting.
    ∗ However, it can be dissolved before the completion of its term.
  • Fresh elections to constitute a Municipality shall be completed:
    ∗ before the expiry of its duration of five years,
    ∗ in case of dissolution, before the expiry of a period of six months from the date of its dissolution.
  • It is to be noted that if the remainder of the period (for which the dissolved Municipality would have continued) is b, it shall not be necessary to hold any election for constituting the new Municipality for such period.
  • Moreover, a Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued had it not been so dissolved.
    ∗ In other words, a municipality reconstituted after premature dissolution does not enjoy the full period of five years but remains in office only for the remainder of the period.
  • The 74th Constitutional Amendment Act of 1992 also makes two more provisions with respect to the dissolution of a Municipality:
    ∗ a Municipality must be given a reasonable opportunity to be heard before its dissolution, and
    ono amendment of any law for the time being in force shall cause dissolution of a Municipality before the expiry of the five-year term.

26. Which one of the following criteria for deciding an urban area, according to Census of India, is not correct? [(c) U.P.P.S.C. (GIC) 2010]

Correct Answer: (c) At least 60% of the male population engaged in non-agricultural pursuits.
Solution:All the areas, which include Municipality, Municipal Corporation, Cantonment Board, or Notified Town Area Committee come under urban area if the following three conditions are satisfied:
(1) There must be a minimum population of 5000.
(2) A Minimum 75% of working men are engaged in non-agricultural activities, and
(3) ‘Population density’ must be at least 400 people per square kilometre.
  • The 74th Constitutional Amendment Act of 1992 provides for the constitution of the following three types of Municipalities or Urban Local Bodies (ULBs) in every State:
    ∗ A Nagar Panchayat (by whatever name called) for a Transitional Area,
    ∗ A Municipal Council for a Smaller Urban Area.
    ∗ A Municipal Corporation for a Larger Urban Area.
  • The Governor has to specify a Transitional Area, a Smaller Urban Area, or a Larger Urban Area, keeping in view the following factors:
    ∗ The population of the area,
    ∗ The density of the population therein,
    ∗ The revenue generated for local administration,
    ∗ The percentage of employment in non-agricultural activities,
    ∗ Economic importance, and
    ∗ Such other factors as he/she may deem fit.

27. In the following questions, there are two statements. One is labelled as Assertion (A) and the other is labelled as Reason (R): [Chhattisgarh P.C.S. (Pre) 2021]

Assertion (A): Municipal corporations are formed in big cities having a definite area and population.

Reason (R): Urban administrations of big cities are very complex in nature.

In the context of the above two statements, which of the following is correct?

Correct Answer: (a) Both Assertion (A) and Reason (R) are true and Reason (R) is the correct explanation of Assertion (A).
Solution:According to Article 243Q, there shall be a municipal corporation for a larger urban area. Municipal corporations formed in big cities have a definite area and population. It is formed because urban administrations of big cities are very complex in nature.
  • The 74th Constitutional Amendment Act of 1992 provides for the constitution of the following three types of Municipalities or Urban Local Bodies (ULBs) in every State:
    ∗ A Nagar Panchayat (by whatever name called) for a Transitional Area,
    ∗ A Municipal Council for a Smaller Urban Area.
    ∗ A Municipal Corporation for a Larger Urban Area.
  • The Governor has to specify a Transitional Area, a Smaller Urban Area, or a Larger Urban Area, keeping in view the following factors:
    ∗ The population of the area,
    ∗ The density of the population therein,
    ∗ The revenue generated for local administration,
    ∗ The percentage of employment in non-agricultural activities,
    ∗ Economic importance, and
    ∗ Such other factors as he/she may deem fit.

28. If there is a dispute between Panchayat and Cantonment Board, who will decide finally? [Chhattisgarh P.C.S. (Pre) 2016]

Correct Answer: (d) State Government, subject to approval of Central Government.
Solution:Under section 79(2) of the Chhattisgarh Municipalities Act, 1961, any dispute between Panchayat and Cantonment Board is decided by the State Government, subject to the concurrence of the Central Government.
  • The State Legislature may endow the Municipalities or Urban Local Bodies (ULBs) with such powers and authority as may be necessary to enable them to function as institutions of self-government.
  • State's provisions for the devolution of powers and responsibilities upon Municipalities or Urban Local Bodies (ULBs) may contain:
    ∗ the preparation of plans for economic development and social justice, and
    ∗ the implementation of schemes for economic development and social justice as may be entrusted to them, including those in relation to the 18 matters listed in the Twelfth Schedule

29. Who among the following is the competent authority to notify the territorial region of a municipality in State? [U.P. Lower Sub. (Mains) 2015]

Correct Answer: (b) Governor of the State concerned
Solution:According to Article 243 P(d), the territorial area of a Municipality in the state refers to the Municipal area as notified by the Governor.
  • The State Legislature may endow the Municipalities or Urban Local Bodies (ULBs) with such powers and authority as may be necessary to enable them to function as institutions of self-government.
  • State's provisions for the devolution of powers and responsibilities upon Municipalities or Urban Local Bodies (ULBs) may contain:
    ∗ the preparation of plans for economic development and social justice, and
    ∗ the implementation of schemes for economic development and social justice as may be entrusted to them, including those in relation to the 18 matters listed in the Twelfth Schedule

30. According to the provisions of the Rajasthan Municipal Act, 2009, the maximum number of persons that can be nominated by the state government in Municipal council is - [R.A.S./R.T.S. (Pre) 2021]

Correct Answer: (b) 8
Solution:According to provisions of the Rajasthan municipal act, 2009 persons that can be nominated by the government in Municipal council is 8. As per act, a maximum 6 persons can nominated in municipal board 12 in municipal corporations.
  • The State Legislature may endow the Municipalities or Urban Local Bodies (ULBs) with such powers and authority as may be necessary to enable them to function as institutions of self-government.
  • State's provisions for the devolution of powers and responsibilities upon Municipalities or Urban Local Bodies (ULBs) may contain:
    ∗ the preparation of plans for economic development and social justice, and
    ∗ the implementation of schemes for economic development and social justice as may be entrusted to them, including those in relation to the 18 matters listed in the Twelfth Schedule