'Municipalities Are Supposed To Perform Functions & Implement Schemes As May Be Entrusted To Them': Allahabad HC Pulls Up Varanasi Authorities [Read Order]

"As per Article 243W of the Constitution of India, municipalities are supposed to perform functions and are required to implement schemes as may be entrusted to them, including those in relation to the matters listed in the Twelfth Schedule," the Division Bench comprising of Chief Justice Govind Mathur and Justice Siddhartha Varma said.

The Court has asked the Municipal Corporation, Varanasi to file an affidavit before the Court giving out complete reasons relating to the schemes available with it and their execution thereof.

The Court has particularly sought for execution of schemes with respect to the following entries in the 12^th Schedule:

Entry 6- public health, sanitation conservancy and solid waste management

Entry 8- Urban forestry, protection of environment, promotion of ecological aspects

Entry 10- slum improvement and up-gradation

Entry 12- provision of urban amenities and facilities such as parks, gardens, playgrounds

Entry 15- cattle ponds and prevention of cruelty towards animals

Further, the Bench has called for personal appearance of Commissioner, Municipal Corporation, Varanasi with all details relating to the issues referred to above.

The matter is listed for hearing on 23rd November, 2020.

Know the Law

The 12^th Schedule was added to the Indian Constitution by way of the 74th Amendment Act of 1992. It corresponds to Article 243W of the Constitution and contains the powers, authority and responsibilities of local self-Governments, i.e. Municipalities.

The Schedule has 18 items relating to which municipalities are required to perform and are also required to execute certain schemes. They are inclusive of such other matters as are permitted under Part- IXA (Municipalities) of the Constitution.

The Municipal Corporation Act, 1959 also incorporates matters referred under the 12^th Schedule.

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