Disqualifications for membership

Quick Summary (TL;DR)

Article 243V (Disqualifications for membership): Constitutional framework for urban Municipalities, Ward Committees, and city planning under Part IX-A (74th Amendment).

In Simple Citizen Words

Article 243V ('Disqualifications for membership') in Part IX-A (The Municipalities, inserted by the 74th Amendment Act, 1992) governs constitutional urban local bodies (Nagar Panchayats, Municipal Councils, and Municipal Corporations). Specifically, this article provides: (1) A person shall be disqualified for being chosen as, and for being, a member of a Municipality — (a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the...

Key Constitutional Provisions

Constitutional Mandate (Art. 243V): Directly codifies the legal rule for 'Disqualifications for membership' under Part IX-A

Structured across 3 clause(s) and 2 sub-clause(s) with explicit constitutional provisos/safeguards

Any administrative or legislative action violating Article 243V can be challenged before the High Court (Art. 226) or Supreme Court

Exceptions & Reasonable Restrictions

Under Article 243U, a Municipality enjoys a 5-year tenure and must be given a reasonable opportunity of being heard before any dissolution.

Why This Matters in Daily Life

Gives urban citizens constitutional accountability over 18 civic functions in the Twelfth Schedule—including water supply, sanitation, street lighting, and urban planning.

Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:

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Parliament of India (74th Amendment Nagarpalika Act)

Constitutional Urban Governance Mandate • 74th Constitutional Amendment Act, 1992

🏛️ Constituent Assembly Debates (1946–1949)

Core Constitutional Debate & Dilemma

Framing context for Article 243V: Preventing prolonged state supersession of city municipalities and giving urban citizens elected Ward Committees, Municipal Corporations, and District/Metropolitan Planning Committees.

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"Urban local bodies must function as vibrant, self-governing constitutional institutions of democracy with assured tenure, independent elections, and fiscal devolution under the Twelfth Schedule."

Assembly Resolution & Final Synthesis

Constitutional resolution in Article 243V: Enacted Part IX-A (Articles 243P to 243ZG) establishing Nagar Panchayats, Municipal Councils, Municipal Corporations, Ward Committees, and 5-year electoral guarantees.

🏛️ Constitutional Significance: During the Constituent Assembly deliberations, Article 243V was codified as an integral pillar of India's constitutional governance.

Official Constitutional Text (Gazette Bare Act)

Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown

India Code • Govt. of India Archive

Clause (1)

A person shall be disqualified for being chosen as, and for being, a member of a Municipality —

Sub-clause (a)

if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned:

Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;

Sub-clause (b)

if he is so disqualified by or under any law made by the Legislature of the State.

Clause (2)

If any question arises as to whether a member of a Municipality has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide.

Public Domain & Statutory Authenticity Notice

Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.

Then vs Now: Constitutional Evolution & Visual Diff

Disqualifications for membership

🔵 Newly Inserted After 1950 (Via Amendment) Baseline: Jan 26, 1950 → Today

ORIGINAL BASELINE (1950)

Not present in the original Constitution of 26 January 1950. Article 243V did not exist in the 1950 text and was newly inserted into the Constitution by Parliament through the 74th Constitutional Amendment Act, 1992.

CURRENT ENFORCEABLE STATUS (TODAY)

Active & Enforceable Today (Inserted via the 74th Constitutional Amendment Act, 1992): Article 243V (Disqualifications for membership): Constitutional framework for urban Municipalities, Ward Committees, and city planning under Part IX-A (74th Amendment).

Key Amendment Milestones & Textual Modifications

74th Constitutional Amendment Act, 1992 — Constitutional Status to City Municipalities & Ward Committees

Year 1992

Why it happened: Added Part IXA & 12th Schedule empowering urban Municipalities, Nagar Panchayats, and Municipal Corporations with regular elections and women’s reservation.

                                    Inserted (243P–243ZG, 12th Schedule): Constitutional Status to City Municipalities & Ward Committees                                

Article 243U Ask Nyaya Saarthi AI About This Article Article 243W

Emergency Citizen Helplines

Disqualifications for membership

Official Constitutional Text (Gazette Bare Act)

Then vs Now: Constitutional Evolution & Visual Diff

Key Amendment Milestones & Textual Modifications