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Article 243N, 243O - Constitution of India 1949

What is Continuance of existing laws and Panchayats? What is Bar to interference by courts in electoral matters? Article 243N and 243O of Constitution of India, 1949

Continuance of existing laws and Panchayats and Bar to interference by courts in electoral matters are defined under Article 243N and 243O of Constitution of India 1949. Provisions under these Articles are:

 

 

Article 243N of Constitution of India "Continuance of existing laws and Panchayats"

Notwithstanding anything in this Part, any provision of any law relating to Panchayats in force in a State immediately before commencement of the Constitution (Seventy-third Amendment) Act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent Legislature other competent authority or until the expiration of one year from such commencement whichever is earlier:

Provided that all the Panchayats existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each house of the Legislature of that State.

 

Article 243O of Constitution of India "Bar to interference by courts in electoral matters"

Notwithstanding anything in this Constitution;

(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies made or purporting to be made under Article 243K, shall not be called in question in any court;

(b) no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any Law made by the legislature of a State.

 

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