What is Article 243V of Indian Constitution – Defination & Meaning

Article 243V: Disqualifications for membership (1) A person shall be disqualified for being chosen as, and for being, a member of a Municipality — (a) if he
📅 Part IXA – The Municipalities
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📚 UPSC Relevant

Article Number

243V

part

Part IXA – The Municipalities

Status

Active

Bare Acts Text

Article 243V: Disqualifications for membership

  • (1) A person shall be disqualified for being chosen as, and for being, a member of a Municipality —
    • (a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned:
    • Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;
    • (b) if he is so disqualified by or under any law made by the Legislature of the State.
  • (2) If any question arises as to whether a member of a Municipality has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide.

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Full Definition & Explanation

Article 243V of the Indian Constitution outlines the disqualifications for being a member of a Municipality. This article affects individuals seeking to become members of local self-governments in urban areas. It states that if a person is disqualified by any law related to elections for the State Legislature, they cannot be a member of a Municipality. An key aspect is that a person cannot be disqualified for being below 25 years of age if they have completed 21 years. This provision aims to encourage young individuals to participate in local governance. Additionally, the article allows the State Legislature to set further disqualifications through their laws. This means that states can impose additional restrictions on who can serve in local bodies. For example, if someone has committed certain crimes or has been declared bankrupt, they may be disqualified by state law. The intention behind these provisions is to maintain the integrity of local governance and ensure that capable individuals lead municipalities. If there is ever a question about a member’s eligibility, the State Legislature is responsible for resolving these disputes. They can designate an authority to determine if a member has become disqualified. This system ensures that local governance operates smoothly and that only qualified individuals represent the community. Ultimately, Article 243V plays a critical role in shaping the local political landscape by defining who can participate in municipal governance.

Historical Context

This article affects individuals seeking to become members of local self-governments in urban areas. It states that if a person is disqualified by any law related to elections for the State Legislature, they cannot be a member of a Municipality. An key aspect is that a person cannot be disqualified for being below 25 years of age if they have completed 21 years. This provision aims to encourage young individuals to participate in local governance. Article 243V of the Indian Constitution outlines the disqualifications for being a member of a Municipality. Additionally, the article allows the State Legislature to set further disqualifications through their laws.

Key Features

– Article 243V specifies disqualifications for Municipality membership
– A person disqualified for state elections is also disqualified for Municipality membership.
– Individuals under 25 can still be members if they are 21 or older.
– State Legislatures can define additional disqualifications through their laws.
– Disputes regarding disqualifications are resolved by an authority designated by the State.

Importance & Impact

– It ensures qualified individuals represent local governance effectively
– Young people’s participation in local bodies is encouraged through age provisions.
– State-specific laws can enhance local governance by adding more disqualifications.
– Maintaining integrity in municipal leadership is a primary goal of this article.
– Dispute resolution provisions promote fairness in local political representation

Sample UPSC Question

Which of the following statements are true regarding Article 243V of the Indian Constitution? A) It allows disqualification for municipal membership based on age. B) It provides that disqualifications may be set by state law. C) It states that disputes about disqualification are resolved by the Supreme Court. D) Members can be disqualified if they are under 21 years old. Select the correct option.

Answer

The correct answer is B. Article 243V allows State Legislatures to determine additional disqualifications for municipal members. It aims to ensure that local governance remains effective and accountable. Article 243V of the Indian Constitution outlines the disqualifications for being a member of a Municipality.

Key Takeaways

✓ Article 243V outlines disqualifications for Municipality membership
✓ State laws can define more specific disqualifications
✓ Individuals over 21 can still join Municipalities
✓ Disputes about membership eligibility are resolved by designated authorities.
✓ The article promotes integrity in local governance

FAQs

Article 243V of the Indian Constitution outlines the disqualifications for being a member of a Municipality. This article affects individuals seeking to become members of local self-governments in urban areas. It states that if a person is disqualified by any law related to elections for the State Legislature, they cannot be a member of a Municipality.

This means that states can impose additional restrictions on who can serve in local bodies. For example, if someone has committed certain crimes or has been declared bankrupt, they may be disqualified by state law. The intention behind these provisions is to maintain the integrity of local governance and ensure that capable individuals lead municipalities.

They can designate an authority to determine if a member has become disqualified. This system ensures that local governance operates smoothly and that only qualified individuals represent the community. Ultimately, Article 243V plays a critical role in shaping the local political landscape by defining who can participate in municipal governance.

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Editor-in-Chief Pramod

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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