Municipalities

• The Part IX A of the Constitution of India gives a constitutional foundation to the local self government units in urban area.
• Most provisions for municipalities are similar to those written in Part IX, i.e. Structure, Reservation of Seats, Functions, Sources of Information etc.

Panchayati Raj

Ensures the direct participation of people at the grass root level.

In 1956, the National Development Council appointed a committee under Balwant Rai Mehta, which submitted its report in 1957 in which it recommended :

• A 3 – tier structure consisting of Zila Parishad at the District Level, Panchayat Samiti at the Block Level and Gram Panchayat at the Village Level.
• Genuine transfer of power & responsibility to these institutions.
• Adequate resources to them.
• All social & economic development programs channelized through these.

Special Position of Jammu & Kashmir

Under Part XXI of the Constitution of India, which deals with “Temporary, Transitional and Special provisions”, the State of Jammu and Kashmir has been accorded special status under Article 370. Even though included in 1st Schedule as 15th state, all the provisions of the Constitution which are applicable to other states are not applicable to J&K. For example, till 1965, J&K had a Sadr-e-Riyasat for Governor and Prime Minister in place of Chief Minister.

Ordinance Making Power of the Governor: (Article 213)

The law making power in state is vested in the state assembly. But there may be situations when state assembly is not in session and it is necessary to make laws for the state. In these circumstances Article 213 of the constitution provides that Governor of the state can promulgate ordinance. The following are the major provisions:

If at any time, when the legislative assembly of the state is not in session, or where there is a legislative council in the state, when both houses of legislature are not in session and the Governor satisfies that it is necessary to make law then he can promulgate ordinances.

The Veto Power of the Governor of State

When a bill is brought before the Governor of a State after its approval by the House of the Legislature, the Governor can-

• Agree with the will and it becomes a law.
• Withhold the bill.
• Withhold a bill and return with a message.
• Reserve a bill for the consideration by the President.

Comparison of Legislative Procedures between Bi-cameral State Legislature and the Parliament

• Related money bills, the position are the same.
• On other bills council can interpose a delay of 3 months period. In case of disagreement, the bill is second send to the legislative council and this time council has no power to withhold the bill for more than a month.