In Brief
The State of Rajasthan issued a notification declaring Gram Panchayat Roopbas as a Municipal Board under the Rajasthan Municipalities Act, 2009. The High Court quashed it, holding that no separate public notification under Article 243Q(2) of the Constitution was produced specifying Roopbas as a "transitional area." The Supreme Court allowed the appeal, holding that the State Legislature has plenary power under Entry 5 of List II to classify and establish municipalities by notification, without requiring a separate prior notification under Article 243Q(2). The constitutional scheme does not mandate two separate notifications; a single notification issued under the State Act, if consistent with Part IXA, suffices. The Court emphasized that the legislature's discretionary powers in municipal classification cannot be curtailed by courts absent express constitutional limitation.
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