1.

Which of the following statements is not correct regarding 'Municipalities'?1. The term for every municipality provided under the Constitution is for maximum five years from the date scheduled for its first meeting2. Every municipality shall be given a reasonable opportunity of being heard before its dissolution3. If the remainder period of the dissolved municipality is less than six months then it is not necessary to hold elections within that time frame (six months)4. Retrospective laws can be brought to dissolve a municipality

Answer» Correct Answer - Option 4 : Retrospective laws can be brought to dissolve a municipality
The Correct Answer is Retrospective laws can be brought to dissolve a municipality.
  • Article 243-U of the Indian Constitution provides for the duration of municipalities.
  • The Article 243-U(1) provides that every Municipality unless sooner dissolved under any law for the time being in force, shall continue for five years from the date scheduled for its first meeting and no longer; provided that a municipality shall be given a reasonable opportunity of being heard before its dissolution. Hence option 1 and 2 are correct.
  • Article 243-U(2) provides that no amendment of any law for the time being in force shall have the effect of causing dissolution of a Municipality at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1). Therefore no retrospective laws can be brought to dissolve municipalities. Hence option 4 is not correct.
  • Article 243-U(3) provides that an election to constitute a Municipality shall be completed.
  1. before the expiry of its duration specified in clause (1)
  2. before the expiration of a period of six months from the date of its dissolution provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the municipality for such period. Hence option 3 is correct.
  • Article 243-U(4): 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 under clause (1) had it not been so dissolved


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