Part IXA: The Municipalities

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

Original Article:

Notwithstanding anything in this Constitution,—

1. 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;
2. 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.

Explanations:

Article 243ZG is a constitutional safeguard that restricts judicial intervention in electoral matters concerning municipalities. It ensures that the delimitation of constituencies and allocation of seats, as well as the conduct of municipal elections, remain within the purview of legislative and administrative processes, minimizing delays caused by litigation.

This article underscores the principle that electoral disputes must be resolved through well-defined legal channels rather than judicial overreach, maintaining the integrity of the democratic process at the local level.

Clause-by-Clause Explanation:

Clause (1): Bars courts from questioning laws related to the delimitation of constituencies or the allocation of seats. This ensures legislative supremacy in structuring municipal governance.

Clause (2): Restricts challenges to municipal elections exclusively to election petitions filed according to state legislation. This framework prevents frivolous litigation from delaying election processes.

Historical Significance:

The inclusion of Article 243ZG in the 74th Constitutional Amendment underscores the importance of safeguarding municipal elections from unnecessary judicial delays. By delineating clear boundaries for judicial intervention, it reinforces the autonomy and efficiency of local governance structures.

Historically, this provision reflects the intent of the framers to decentralize governance and ensure timely elections, fostering democratic participation at the grassroots level.

Legislative Background:

Article 243ZG was introduced as part of the Constitution (Seventy-fourth Amendment) Act, 1992, which aimed to empower local bodies. This provision aligns with Article 243ZA, which outlines the preparation and conduct of municipal elections, ensuring that these processes remain free from undue judicial interference.

The amendment sought to provide clarity and stability in municipal election procedures, reflecting the evolving needs of urban governance in India.

Debates and Deliberations:

During the debates on the 74th Amendment, members of the legislature highlighted the need to protect municipal electoral processes from judicial delays, which could disrupt governance and development at the local level.

The provision to confine electoral disputes to election petitions was seen as a significant step towards streamlining local governance and reinforcing the democratic fabric of urban India.

References:

• The Constitution (Seventy-fourth Amendment) Act, 1992.
• Commentary on the Indian Constitution by D.D. Basu.
• Case Studies on Urban Governance in India, 2001.