Part IXA: The Municipalities

Article 243U: Duration of Municipalities

Original Article:

Every Municipality shall continue for five years from the date of its first meeting unless sooner dissolved by law, and elections must be held before its term expires or within six months of its dissolution.

Amendments:

Article 243U was introduced through the 74th Constitutional Amendment Act, 1992, establishing fixed terms and election timelines for Municipalities.

Explanation:

Article 243U ensures the stability and continuity of Municipal governance by specifying fixed terms and requiring timely elections to avoid administrative gaps.

Clause-by-Clause Explanation:

1. Duration: Municipalities have a fixed term of five years from their first meeting.
2. Dissolution: Municipalities may be dissolved earlier by law, but they must be given an opportunity to present their case.
3. Timely Elections: Elections must be held before the term expires or within six months of dissolution, ensuring no governance gaps.
4. Reconstituted Municipalities: If reconstituted, the new Municipality serves the remainder of the original term.

Legislative History:

The 74th Amendment introduced Article 243U to establish clear timelines for Municipal governance, ensuring democratic continuity and efficient administration.

Real-life Examples:

• In Tamil Nadu, Municipal elections were conducted before the expiry of the five-year term, ensuring no administrative gap in urban governance.
• In Madhya Pradesh, a dissolved Municipality was reconstituted within six months, adhering to the provisions of Article 243U.

Debates and Deliberations:

During discussions on the 74th Amendment:

• Mr. Pranab Mukherjee emphasized the importance of fixed terms for stable urban governance.
• Ms. Sushma Swaraj highlighted the necessity of timely elections to maintain democratic continuity in Municipal administration.