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Q4 (IAS/2024) Polity & Governance › Constitutional Basics & Evolution › Constitutional structure Official Key

Which of the following statements are correct about the Constitution of India ? 1. Powers of the Municipalities are given in Part IX A of the Constitution. 2. Emergency provisions are given in Part XVIII of the Constitution. 3. Provisions related to the amendment of the Constitution are given in Part XX of the Constitution. Select the answer using the code given below :

Result
Your answer:  ·  Correct: A
Explanation

The correct answer is option A (1 and 2 only).

The 74th Amendment Act added Part IX-A to the Constitution, which is entitled 'The Municipalities' and consists of provisions from Articles 243-P to 243-ZG.[1] This part deals with the powers and functions of municipalities, making statement 1 correct.

The Emergency provisions are contained in Part XVIII of the Constitution, from Articles 352 to 360.[2] This confirms that statement 2 is correct.

However, Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure.[3] While Part XX does contain Article 368, which is the primary provision for constitutional amendments, Part XX itself is not exclusively dedicated to amendment provisions. The statement is technically imprecise in its formulation, making statement 3 incorrect.

Therefore, only statements 1 and 2 are correct, making option A the right answer.

Sources
  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 40: Municipalities > 74TH AMENDMENT ACT OF 1992 > p. 399
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Emergency Provisions > p. 173
  3. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 11: Amendment of the Constitution > Amendment of the Constitution > p. 123
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Q. Which of the following statements are correct about the Constitution of India ? 1. Powers of the Municipalities are given in Part IX A of…
At a glance
Origin: From standard books Fairness: High fairness Books / CA: 10/10 · 0/10
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This is a classic 'Index Page' question. It rewards pure rote memorization of the Constitution's skeleton (Parts and Roman Numerals). If you missed this, you are skipping the Table of Contents in Laxmikanth, which is a fatal error in Prelims.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Does Part IX-A of the Constitution of India provide for the powers and functions of Municipalities?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 40: Municipalities > 74TH AMENDMENT ACT OF 1992 > p. 399
Presence: 5/5
“t 74TH AMENDMENT ACT OF 1992 This Act has added a new Part IX-A to the Constitution of India. This part is entitled as 'The Municipalities' and consists of provisions from Articles 243-P to 243-ZG. In addition, the act has also added a new Twelfth Schedule to the Constitution. This schedule contains eighteen functional items of municipalities. It deals with Article 243-W. The act gave constitutional status to the municipalities. It has brought them under the purview of justiciable part of the Constitution. In other words, state governments are under constitutional obligation to adopt the new system of municipalities in accordance with the provisions of the act.”
Why this source?
  • States that the 74th Amendment added Part IX-A titled 'The Municipalities' and lists Articles 243-P to 243-ZG.
  • Explicitly notes a new Twelfth Schedule containing eighteen functional items of municipalities and links it to Article 243-W.
  • Affirms constitutional status of municipalities, bringing them under justiciable provisions.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 40: Municipalities > Salient Features > p. 401
Presence: 5/5
“The state legislature may make provision with respect to all matters relating to elections to the 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 The state legislature may (a) authorise a municipality to levy, collect and appropriate taxes, duties, tolls and fees; (b) assign to a municipality taxes, duties, tolls and fees levied and collected by state government; (c) provide for making grants-in-aid to the municipalities from the consolidated fund of the state; and (d) provide for constitution of funds for crediting all moneys of the municipalities.”
Why this source?
  • Summarises 'Powers and Functions' by stating the state legislature may endow municipalities with powers necessary for self-government.
  • Specifies financial powers (levy, collection, grants-in-aid, funds) that enable municipal functions.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 4: OUTSTANDING FEATURES OF OUR CONSTITUTION > OUTSTANDING FEATURES OF OUR CONSTITUTION > p. 36
Presence: 5/5
“The 74th Amendment Act. 1992 was passed to establish !\1 municipalities and provides for elections to them. It has inserted Part IXA consisting of 18 Articles. Schedule 12 inserted by the Ame ndment mentions the functions to be assigned to the Municipalities. This Ame ndment came into force on 1 June 1993. The 97th Amendment Act. 201 2 was passed to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies. It inserted the word "co-operative societies" in Article 19(1 )(c). It has further inserted Article 43B in Part IV and Part IXB consisting of 13 Articles (Article 243Z.H to Article 243Z.).”
Why this source?
  • States that the 74th Amendment inserted Part IXA and that the inserted Schedule XII lists functions to be assigned to municipalities.
  • Confirms the amendment's purpose was to establish municipalities and provide for elections and functional assignment.
Statement analysis

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Statement analysis

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