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74th Constitutional Amendment Act

Last updated on November 21, 2022 by ClearIAS Team

74th amendment

The 74th Constitutional Amendment Act of 1992 established the Municipalities or Urban Local Governments system as a constitutional entity.

In India, the phrase “Urban Local Government” refers to the process through which the electorate governs an urban region. An urban local government can only regulate activities inside a given urban region that the state government has designated.

Municipalities are now governed by the Constitution’s justiciable provisions thanks to the Act.

Table of Contents

What is 74th Constitutional Amendment Act?

Decentralization of powers and authorities to Urban Local Bodies (ULB) at various levels was mandated by the 74th Amendment Act. Additionally, this amendment attempted to establish an institutional structure that would permit entry through autonomous local governments in the nation’s cities.

In order for urban governments to successfully serve as local government units, the legislation intends to revitalise and enhance them.

Part IXA, which went into effect on June 1, 1993, contains the provisions in this amendment. As a result, it provided the local self-government entities in metropolitan areas with a constitutional basis.

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Additionally, it granted the ULBs the authority to carry out the 18 tasks stated in the Indian Constitution’s 12th Schedule.

A fundamental basis for the decentralisation of rights and authorities to Municipal organisations at various levels is provided by the 74th Amendment Act of 1992. However, it is the States’ job to give it a concrete form.

Read 73rd constitutional amendment here .

What are the objectives of 74th Amendment Act?

  • Municipalities now have constitutional status thanks to the statute. They now fall under the protection of the Constitution’s justiciable provisions as a result.
  • In other words, state governments must implement the new municipal system in compliance with the act’s requirements within the terms of their constitutions.
  • In order for municipal governments to properly serve as local government units, the legislation aims to improve and reinvigorate them.

What are the constitutional provisions of 74th Constitutional Amendment Act?

  • It was passed by Parliament in December 1992 and came into force on 1 June 1993 adding Part IX A (Articles 243-P to 243-ZG) and the 12th schedule in the Constitution.
  • The 74th amendment provided a uniform law for all the municipalities in the nation.

Salient features of the 74th Constitutional Amendment Act

1. composition:.

  • Every member of a municipality must be chosen directly by the residents of that area.
  • Each municipal region will be divided into territorial constituencies known as wards for this purpose.
  • How a municipality’s chairperson is chosen may be regulated by the state legislature.

2. Wards Committees:

  • Within the boundaries of a municipality with a population of at least three lakh, a ward committee made up of one or more wards must be established.
  • The state legislature may also set any provisions for the formation of other committees in addition to the ward committees.
  • These committees’ chairs may become municipally elected officials.

3. Reservation of Seats:

  • Reservation of seats for SC and ST is provided in every municipality in proportion to their population.
  • Provision for reservation of 1/3rd of the total number of seats is also provided for women.
  • The state legislature has been empowered to make any provision for reservation in the municipality at any level in favour of the backward class.

4. Duration of Municipalities:

  • Every level of government has given municipalities a five-year term in office. It may, however, be disbanded before its tenure is over.
  • If a municipality is elected after it has been dissolved, it will remain in existence for the remainder of the time that it would have remained in existence had it not been dissolved.

5. Disqualifications:

  • if he is disqualified under any law for the time being in force for the purposes of elections to the legislature of the state concerned; or
  • if he is disqualified under any law made by the state legislature.
  • However, no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years.

6. State Election Commission:

  • The State Election Commission has been established and given a number of responsibilities, including oversight, direction, and control over the creation of electoral rolls.
  • The state election commission will also oversee the organisation of elections for Municipalities.

7. Powers and Functions:

  • The powers and functions of the Municipalities are endowed by the state legislature.
  • The Municipalities prepare a plan for economic development and social justice for the people of the Municipality.
  • It implements the scheme of the Central and State government for the betterment of the people at the ground level.
  • Municipalities have the power to enhance employment facilities and undertake development activities in the area.

8. Finances:

The state legislature may:

  • authorize a panchayat to levy and collect taxes, duties, duties, and fees;
  • assign to the Panchayat taxes, duties, duties, and fees levied and collected by the state government;
  • provide grants-in-aid to the Panchayats from the state’s consolidated fund, and
  • provide for the establishment of funds to credit all money of the Panchayats.

9. Finance Commission:

  • The governor appoints the finance panel to assess the Municipalities’ financial standing.
  • The governor is advised by this commission to choose the guidelines for how taxes should be split between the state and municipalities.
  • Additionally, it decides what taxes, levies, tolls, and other charges can be levied against municipalities.
  • According to the rules established by the state government, the municipalities are required to maintain accounts and to have those accounts audited.

10. Audit of Accounts:

  • State legislatures can make provisions regarding the maintenance and auditing of municipalities’ accounts.

11. Application to Union Territories:

  • The provisions of this Part apply to the territories of the Union. However, the president may specify and direct any exception or modification as required.

12.  Exempted Areas:

  • At present, ten states of India have scheduled areas – Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Orissa, and Rajasthan.
  • Presently, there are a total of ten tribal areas (autonomous districts) in the four states of Assam (3), Meghalaya (3), Tripura (1), and Mizoram (3).
  • It shall also not affect the functions and powers of the Darjeeling Gorkha Hill Council of West Bengal.

13. District Planning Committee:

  • A district planning committee must be established in each state at the district level to coordinate the plans created by the panchayats and municipalities within the district and to draught a development plan for the district as a whole.
  • According to the act, the elected officials of the district’s municipalities and district panchayats shall elect from among themselves four-fifths of the members of a district planning committee.

14. Metropolitan Planning Committee:

  • A Metropolitan area means an area having a population of 10 lakh or more, in one or more districts, and consisting of two or more municipalities or panchayats or other contiguous areas.
  • The act lays down that two-thirds of the members of a metropolitan planning committee should be elected by the elected members of the municipalities and chairpersons of the panchayats in the metropolitan area from amongst themselves.

15. Continuance of Existing Laws and Panchayats:

  • Up until one year following the start of this act, all state legislation pertaining to municipalities shall continue to be in force.
  • This means that within a year of the act’s implementation on April 24, 1993, the states must implement the new municipality structure it is built on.
  • However, unless they are dissolved earlier by the state legislature, all municipalities that existed before the act’s passage will remain in existence until the end of their terms.

16. Bar to Interference by Courts in Electoral Matters:

  • The law forbids courts from meddling in local elections.
  • It states that no law governing the definition of constituencies or the distribution of seats within those constituencies may be contested in a court.
  • Additionally, it states that no election for a municipality may be contested without an election petition submitted in accordance with the rules established by the state legislature and submitted to the appropriate authority.

Types of urban governments under 74th Constitutional Amendment Act

Article 243Q provides for the establishment of 3 kinds of Municipalities in every state.

Governor will by public notice, will define these three areas based on the population, density of population, revenue generated for local administration, % of employment in Non-agricultural activities and other factors.

Further, a Governor may also if, he fits it necessary, based upon the industrial establishments, If there is an urban area where municipal services are being provided by an industrial establishment, then the governor may specify that area to be an industrial township. In such a case, a municipality may not be constituted.

1. Nagar Panchayat: A Nagar Panchayat is for those areas which are transitional areas i.e. transiting from Rural Areas to Urban areas.

2. Municipal Council:  A Municipal council is for smaller urban area

3. Municipal Corporation: A municipal Corporation for Larger Urban Areas

Significance of Urban Local Bodies

  • The economic expansion of the country is significantly influenced by cities and towns.
  • These metropolitan centres considerably contribute to the rural hinterland’s expansion.
  • To keep this economic change in line with needs and realities at the local level, the people and their representatives must be fully involved in the planning and implementation of the programs.
  • If democracy is to continue to be strong and stable in the Parliament and State Legislatures, its roots must reach into the towns, villages, and cities where people live.

Article written by: Aseem Muhammed

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write an essay on 74th amendment of indian constitution

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30 Useful Questions on 73rd and 74th Amendment of Indian Constitution

Table of Contents

In this Section, I will take you through 30 Useful Questions on 73rd and 74th Amendment of Indian Constitution. As per NCERT , During India’s freedom movement, Mahatma Gandhi had strongly pleaded for decentralization of economic and political power. He believed that strengthening village panchayats was a means of effective decentralization. All development initiatives must have local involvement in order to be successful.

Panchayats therefore were looked upon as instruments of decentralization and participatory democracy. Our national movement was concerned about the enormous concentration of powers in the hands of the Governor General sitting at Delhi. Therefore, for our leaders, independence meant an assurance that there will be decentralization of decision making, executive and administrative powers.

74th Amendment of Indian Constitution

73rd and 74th Amendment of Indian Constitution

Also Read: 37 Best Questions on Constitutional Amendment of India

1. What is 73rd Amendment of Indian Constitution is all about ?

Ans. The 73rd Amendment is about Rural Local body or Panchayati Raj Institution.

2. What is 74th Amendment of Indian Constitution is all about ?

Ans. The 74th Amendment of Indian Constitution is about Urban Local Government or Nagarpalikas

3. Which are the 3 Tiers of Panchayati Raj Institution ?

Ans. Below are the 3 Levels in Panchayati Raj Institutions:- a)Zilla Panchayat b)Mandal or Taluka Panchayats c)Gram Panchayat

4. Is Gram Sabha creation was mandatory in 73rd Amendment of Indian Constitution ?

Ans. Yes it is mandatory

5. What is the maximum year term for each level of Panchayati Raj ?

Ans. 5 Years

6. What if state government dissolves the Panchayat before the end of 5 Year term ?

Ans. Fresh Election must be held within 6 months of such dissolution.

7. How much reservation is provided for women in Panchayat ?

Ans. One third of the positions in all Panchayat Institutions are reserved for women.

8. How many state subjects need to be transferred to local body out of 29 State Subjects in 11th Schedule of the Constitution ?

Ans. It depends on state how many out of 29 subjects they transfer to local body.

9. Is 73rd Amendment was made applicable to all Adivasi Populations in India ?

Ans. No a separate act was passed in 1996 to extend Panchayati System in those areas.

10. Is state election commissioner comes under Election Commission of India ?

Ans. No, It is an autonomous body.

11. Which commission examine the financial position of the local government of the state ?

Ans. State Finance Commission

12. Which area is known as Urban Area ?

Ans. Below are the criteria for an area to become an Urban area :- a)Minimum Population of 5000 b)75% of working male population engaged in Non-agricultural activities c)Density of Population of atleast 400 persons per sq.km.

13. Is 74th amendment of Indian Constitution is a repetition of 73rd amendment ?

Ans. Yes only difference is that 74th amendment applies to Urban Body.

14. Is women reservation is also applicable in sarpanch and adhyakshas positions ?

15. who started amendment process of 74th amendment of indian constitution .

Ans. Prime Minister Rajiv Gandhi in 1989

16. Which amendment brought in the definitions of Panchayat and Municipalities within the ambit of Constitution ?

Ans. 7th Amendment

17. When was 74th amendment of Indian Constitution passed ?

Ans. December 1992

18. When was 74th Amendment came into effect ?

Ans. From April 1993

19. As per 2011 Census, how much population lives in Urban Areas ?

20. which amendment is known as sister of 74th amendment .

Ans. 73rd Amendment

21. Which amendment is known as the Panchayati Raj Act ?

22. which amendment is known as the nagarpalika act .

Ans. 74th Amendment

23. Which are the 3 Layers of Nagarpalika ?

Ans. Below are 3 layers of Nagarpalika from top to bottom:- a)Municipal Corporation b)Municipal Council c)Nagar Panchayat

24. Which amendment bill passed in parliament and became 73rd and 74th Amendment ?

Ans. 64th(73rd) and 65th(74th) Amendment Bills

25. Which committee recommended Constitutional Status for Panchayats in 1986 ?

Ans. L.M Singhvi Committee

26. Which article was inserted by 73rd Amendment Act, 1992 ?

Ans. Article 243

27. Which of the Establishment came into being after 73rd Amendment ?

Ans. Three of the Establishment were introduced as part of 73rd Amendment:- a)State Election Commission b)State Finance Commission c)District Planning Committee

28. When do we celebrate National Panchayat Raj day ?

Ans. 24th April

29. Why Dr. B.R Ambedkar was worried about creating a local governing body ?

Ans. Dr. B.R. Ambedkar which felt that the faction and caste-ridden nature of rural society would defeat the noble purpose of local government at the rural level.

30. Why Pandit Jawaharlal Nehru was worried about creating a local governing body ?

Ans. Pandit Jawaharlal Nehru looked upon extreme localism as a threat to unity and integration of the nation.

Reference: 73rd and 74th Amendment

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74th amendment of the constitution of india – summary.

write an essay on 74th amendment of indian constitution

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This Act has added Part IX-A to the Constitution of India. It is entitled as ‘The Municipalities’ and has inserted provisions from Articles 243-P to 243-ZG. In addition, the Act has also added Twelfth Schedule to the Constitution. It contains 18 functional items of municipalities listed under Article 243-W.

It gives constitutional status to the municipalities and has brought them under the purview of judicial review. In other words, the state governments are under a constitutional obligation to add this new system of municipalities in accordance with the provisions of the Act. The Act aims at revitalizing and strengthening the urban governments so that they may function as effective units of local government.

The Municipal Government :

The Act provides for the constitution of three kinds of municipalities in every state:

(1) Nagar panchayats for areas in transition from a rural area to an urban area.

(2) Municipal councils for smaller urban areas.

(3) Municipal corporation for larger urban areas.

A transitional area, a smaller urban area or a larger urban area means such areas as the governor may specify by public notification for this purpose with regard to (1) population density, (2) revenue and (3) percentage of employment in non-agricultural activities. All the members of a municipality are elected directly by the people of the municipal area. For this purpose, each municipal area is divided into territorial constituencies to be known as wards. The state legislature provides the manner of election of the chairperson of a municipality.

It may also provide the representation of persons having special knowledge or experience in municipal administration, the members of the Lok Sabha, the state legislative assembly, the Rajya Sabha and state legislative council and the chairpersons of committees. Ward committees shall be constituted consisting of one or more wards, within the territorial area of a municipality having population of three lakhs or more.

The state legislature may make provision with respect to the composition and the territorial area of a wards committee and the manner in which the seats in a ward committee should be filled. It may also make provisions for the constitution of committees in addition to the wards committees.

The reservation of seats for the Scheduled Castes and the Scheduled Tribes in every munici­pality in proportion of their population to the total population in the municipal area has been provided by the statute. It also provides for the reservation of not less than one-third of the total number of seats for women including the number of seats reserved for women belonging to the SCs and the STs.

The state legislature may provide for the manner of offices of chairpersons in the municipalities for the SCs, the STs and the women. It may also make any provision for the reser­vation of seats in any municipality or offices of chairpersons in municipalities in favour of backward classes. The term of office for every municipality is 5 years.

However, it can be dissolved before the completion of its term. The fresh election to constitute a municipality have to be completed (i) before the expiry of its duration of five years; or (ii) in case of dissolution, before the expiry of a period of six months from the date of its dissolution.

A person shall be disqualified for being chosen as or for being a member of a municipality if he is so disqualified under any law for the time being in force for the purposes of elections to the legislature of the state concerned; or under any law made by the state legislature. However, no person shall be disqualified on the ground of age if he has attained the age of 21 years. All questions of disqualifications shall be referred to such authority as the state legislature may determine.

The Election Commission of the state shall have the power of superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the municipalities. The state legislature has been vested with the power to endow the municipalities with authority as may be necessary to enable them to function as institutions of self-government.

The scheme may contain provisions for the devolution of powers and responsibilities with respect to the preparation of plans for development and social justice; and implementation of schemes, regarding 18 matters listed in the Twelfth Schedule. The state legislature can authorize a municipality to levy, collect and appropriate taxes, duties, tolls and fees, levied and collected by them or by the state government. It may provide for making grants-in-aid to the municipalities from the Consolidated Fund of the state; and provide for constitution of funds for crediting all moneys of the municipalities.

The Finance Commission with a term of five years is constituted by each state to review the financial position of panchayats and municipalities. It makes recommendations to the Governor about the principles which should govern the distribution between the state and the municipalities, the net proceeds of the taxes, duties, tolls and fees levied by the state, the determine of the taxes, duties, tolls and fees which may be assigned to the municipalities and the grants-in-aid to the munic­ipalities from the Consolidated Fund of the state.

The commission may recommend other matters referred by the Governor in the interests of sound finance of municipalities. The Central Finance Commission may also suggest the measures needed to augment the Consolidated Fund of a state to supplement the resources on the basis of the recommendations made by the Finance Commission of the state.

The state legislature makes provisions with respect to the maintenance of accounts and the auditing of such accounts. The Act does not apply to the Scheduled Area and Tribal Areas (Article 244) and does not affect the functions and powers of the Darjeeling Gorkha Hill Council of West Bengal. The President may extend the provinces to union territories with exceptions.

Every state has to constitute a District Planning Committee to consolidate the plans prepared by panchayats and municipalities in the district, and to prepare a draft development plan for the district as a whole. The state legislature may make provision about the composition of such committees; and the manner of election of their members.

The functions of these committees in relation to district planning are determined by the legislature of the states. Four-fifths of the members of a District Planning Committee are elected by the elected members of the district panchayats and municipalities in the district from amongst themselves.

The representation of these members in the committee is in proportion to the ratio between the rural and urban population of the district. The DPC in preparing the Draft Development Plan gives regard to matters of common interest between the panchayats and the municipalities’ spatial planning; sharing of water and natural resources; development of infrastructure and environment conservation.

The plan so prepared by the DPC is sent to the state government by the chairperson of the committee. The Act also provides for the establishment of a Metropolitan Planning Committee to prepare a draft development plan. The metropolitan area should have a population of 10 lakhs or more encompassing one or more districts and/or two or more municipalities or panchayats as contiguous area.

The state legislature may make provisions with respect to composition and repre­sentation in these committees and also their functions in relation to planning and coordination for metropolitan areas. The Act lays down that two-thirds of the members of a metropolitan planning committee have to be elected by the elected members of the municipalities and chairpersons of the panchayats in the metropolitan area from amongst themselves.

The 74th Amendment states that the Metropolitan Planning Committee shall prepare a draft development plan for the area as a whole. Not less than two-thirds of the members of such committees are elected by and from amongst the elected members of the municipalities and chairpersons of the panchayats in the municipalities and the panchayats in that area.

There were 23 metropolitan agglomerations in the country in 1993. The Draft Development Plan, takes account of local plans in the metropolitan area and the matters of common interest, hire spatial plans, water and resource, development, infrastructure and environ­mental conservation. The overall objectives and priorities set by the Government of India and the state government are organised in view of resources available.

Like the Eleventh Panchayati Raj Schedule, the 74th Amendment contains the Twelfth Schedule of municipal functions which are 18 in number.

These basic urban functions are:

(1) Urban planning including town planning

(2) Regulation of land use and construction of buildings

(3) Planning for economic and social development

(4) Roads and bridges

(5) Water supply for domestic, industrial and commercial purposes

(6) Public health, sanitation, conservancy and solid waste management

(7) Fire services

(8) Urban forestry protection of the environment and promotion of ecological aspects

(9) Safeguarding the interests of weaker sections of society including the handicapped and mentally retarded

(10) Slum improvement and up gradation

(11) Urban poverty alleviation

(12) Provision of urban amenities and facilities such as parks, gardens, playgrounds

(13) Promotion of cultural, educational and aesthetic aspects

(14) Burials and burial grounds, cremations grounds and electric crematoriums

(15) Cattle ponds, prevention of cruelty to animals

(16) Vital statistics including registration of births and deaths

(17) Public amenities including street lighting, parking lots, bus stops and public conveniences

(18) Regulation of slaughter houses and tanneries.

The Variety of Urban Local Institution :

A look on the items of the schedule indicates that the Act has taken care of a wide variety of subjects and areas where municipal planning and services will be needed in future. It preserves the existing structure of urban local bodies and has further provided for unfunctional local institutions for experimentation in big cities.

The Act creates eight kinds of these urban local bodies for urban areas in states:

(1) Municipal Corporation

(2) Municipality

(3) Notified Area Committee

(4) Town Area Committee

(5) Cantonment Board

(6) Township

(7) Port Trust

(8) Special Purpose Agency.

Related Articles:

  • 73rd And 74th Constitution Amendments and Reservation for Women
  • 73rd Amendment of the Constitution of India, 1992 – Summary

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An Overview of 74th Constitutional Amendment Act

Important amendments of Indian Constitution

Amendments are an important part of constitution. Our framers of the constitution had written a constitution way back in the year 1949 and that constitution came to force on 26th January.1950. Now with the change in times, the provisions given in the constitution has to be changed or new provisions must be added keeping in mind the welfare of the society. These alterations of the constitution of India are known as amendments. Today we will discuss about the 74th Constitutional Amendment Act also known as 74th CAA.

The 74th Constitutional Amendment Act was passed in December month of the year 1992. The former president of India Shri Shnakar Dayal Sharma gave consent on the bill on 20th April,1993. This Act came to force on 1st June,1993. By the 74th Constitutional Amendment Act, part IXA was added to the constitution of India and this amendment also added 12th schedule to the constitution. This amendment gave the power for setting up the Urban Local Government or City Government like nagar panchayats, municipalities and municipal corporation in the cities and towns. This initiative was taken in order to enhance the development of the urban areas. This act decentralized the powers of the center to the local government bodies.

Now we will look into some of the provisions mentioned in the act

  • Article 243Q of the constitution provides for the formation of o urban local bodies. Urban local bodies are divided into three types- Nagar panchayats, municipal council or municipality and municipal corporation. All of these three types of urban local bodies are classified based on the population of the town or city. Nagar panchayats are formed with a minimum population of eleven thousand (11,000) to a maximum population of twenty-five thousand (25,000). Nagar panchayats are actually those local bodies which are recently developed from a village to a town. They are also called as municipal board. Next comes the municipality or the municipal council, also known as Nagar Palika. Municipality is formed with a population ranging between one hundred thousand (100,000) to one million (1,000,000). However, of the population crosses over twenty-five thousand (25,000) municipalities are formed. And the last are the municipal corporations or Nagar Nigam. These are the local governing bodies which has a very large population exceeding 1 million (1,000,000). The municipal corporations are found in very large cities like Mumbai, Chennai, Delhi, Kolkata, Bengaluru etc.
  • It told that the Urban local bodies are to be elected directly by the local people of the area for a period of five years. The term is held from the beginning of the first meeting after the newly formed municipal committee to the exact date after five years. The elections are governed by the Election Commission of India. This provision is mentioned in article 243U of the constitution.
  • This Act constituted that there will be a reservation of one-third of the committee for the women. The women must be a part in running of urban local government. They have to be a part in order to recognize women safety in that locality.
  • The Urban local bodies are given powers to legislate and form new schemes in order to develop the locality. The new schemes that are taken are built to enumerate social justice and economic development. In other words, the constitution gave powers to the urban local bodies the power to form laws for its locality but only for the development of the locality. This specific power is given to the urban local government in article 243W of the Indian constitution.
  • The State legislature can assign new types of taxes, tolls, duties, permits in order to maintain these urban local bodies.

These were the major provisions which were mentioned under this act. Article 243P defines metropolitan area as a place where the population exceeds 1 million (1,000,000). This is referred to as municipal corporation or Nagar Nigam. According to article 243S of the constitution of India, there is a provision of forming wards in a locality. Every urban local bodies are to be constituted of one or more wards. Thus, this article provides for the formation of ward committees.

Now we will talk about the eighteen functions that are mentioned in the twelfth schedule of the Constitution of India. These functions are as follows: –

1. There must be a proper urban planning including town planning. This means the urban local bodies must do a proper planning in order to properly develop the city o the town. 2. There must be a proper land management for the proper construction of buildings and structures. It is the duty of urban local body to effectively manage the land in order that no land is left wasted or unproductive. 3. The urban local bodies must provide for proper plans in order to do economic and social development. 4. These local governing bodies must build proper roads and bridges for a better communication. 5. The bodies must do a proper water supply for the domestic, industrial and institutional purposes. 6. These bodies must provide for proper health service. 7. The bodies must arrange for fire services. 8. The bodies must secure urban forestry and protection of wildlife. 9. The bodies must safeguard the interest of the weaker sections of the society. 10. There must be a proper slum development and upgradation that helps to enhance the positions of the BPL people. 11. The bodies must ascertain for the removal of poverty in its constituency. 12. The bodies must build amenities like parks, gardens and playgrounds. 13. The bodies must promote the educational and cultural aspects of that place. 14. The bodies must provide for proper burial grounds and crematoriums. 15. The bodies must keep records of the birth and death of that locality. 16. The bodies must construct and provide amenities like bus stops, parking lots and street lighting. 17. There must be a regulation in slaughter houses and tanneries. 18. The bodies must ascertain that there must be no cruelty to the animals.

According to article 243Z, the accounts of the municipality are to be checked and audited every year in accordance to the provisions in the state law. According to article 243ZA there is provision for superintendence, direction and control of the electoral rolls of that locality. Article 243ZB makes provisions for the applicability of this amendment to the union territories as well. Article 243ZC talks about the non-applicability of this amendment in some areas like the scheduled areas referred in article 244 of the constitution like Assam, Meghalaya, Mizoram and some areas covered under Darjeeling Gorkha hill council.

Now for the critical analysis we have to understand article 12 of the Indian constitution. The article 12 defines ‘state’. According to the definition ‘State’ refers to –(i) Government of India and the parliament (ii) Government and state legislature (iii)local authorities (iv) other authorities. This local government defines all the governing bodies that helps in upbringing of a locality or a society like the village panchayats, municipal board, municipality and municipal corporation. The term local authority is described in section 3(31) of the General Clauses Act. Thus, from the critical analysis it is found that the urban local bodies fall under ‘State’ according to article 12.

Amendments are really necessary for the betterment of a society and locality. The amendment of 1992 or the 74th Constitutional amendment helped to form local governing bodies in order to develop and enhance a locality in which we live. It is impossible for central or state government to monitor every locality. Thus, this amendment is brought in the parliament and added a whole new system in proper governance of the country.

Author: Sattwik Biswas, 2nd Year BBA LLB under IFIM Law School, Bangalore

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Constitution of India

Home / constitution of india, constitutional law, 73rd and 74th constitutional amendment acts,  30-oct-2023.

  • Constitution of India, 1950 (COI)

Introduction

  • With the objective of having a more democratic form of governance, the 73 rd and 74 th Amendment Acts were introduced.
  • These Amendment acts played a major role in decentralizing power in India by transferring power from the central and state governments to the local bodies.
  • The 73 rd and 74 th Constitutional Amendment Acts came into force on 24 th April 1993 and 1 st June 1993, respectively.

73 rd Amendment Act, 1992

  • This amendment brought the State Governments under the constitutional obligation to adopt the new system of Panchayati Raj.
  • This act also added Part IX to the COI which contained provisions from Articles 243 to 243 O.
  • The scheduled areas and tribal areas in the states.
  • The hill areas of Manipur with district councils.
  • The Darjeeling district of West Bengal with the Darjeeling Gorkha Hill Council.
  • However, subject to the exceptions and modifications specified by the Parliament, the provisions of this Part may be extended to scheduled areas and tribal areas.

Salient Features of 73 rd Amendment Act, 1992

  • Gram Sabhas are the basic units of democratic system which consists of the people registered in the electoral rolls of the village within the area of the Panchayat.
  • As per Article 243B of the COI , there shall be constituted in every State, Panchayats at the village, intermediate and district levels. However, Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs.
  • The members of Panchayats at the village, intermediate, and district levels shall be elected directly by the people.
  • The chairman of the Panchayat at the intermediate and district level shall be elected indirectly from amongst the elected members thereof.
  • The conduct of elections to the Panchayats shall also be handled by the State election commission.
  • Seats shall be reserved for Schedule Castes and Schedule Tribes and chairpersons of the Panchayats at all levels in proportion to their population.
  • One third of the positions in all panchayat institutions are reserved for women.
  • As per Article 243E of the COI, every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.
  • The powers and functions of the Panchayats are endowed by the State legislature.
  • The Panchayats prepare a plan for economic development and social justice for the people of the Panchayats.
  • It implements the scheme of the Central and State government for the betterment of the people at the ground level.
  • Panchayats have the power to enhance employment facilities and undertake development activities in the area.
  • The act prohibits courts from interfering in panchayat elections.
  • It also states that no election to a panchayat may be challenged unless accompanied by an election petition filed with the appropriate authority and in the manner prescribed by the state legislature.

74 th Amendment Act, 1992

  • The act granted municipalities constitutional status. It has brought them under the purview of the Constitution's justiciable provisions.
  • This act added Part IX-A to the COI which contained provisions from Articles 243P to 243ZG.
  • It also added 12 th schedule to the COI containing 18 functional items which are to be placed within the purview of municipalities.

Salient Features of 74 th Amendment Act, 1992

  • Article 243Q of the COI deals with the Constitution of Municipalities i.e., Nagar Panchayat, Municipal Council, and Municipal Corporation.
  • Article 243R deals with the Composition of Municipalities; it states that all of its members are directly elected by the people of the Municipal area which is divided into territorial constituencies known as wards.
  • Article 243S talks about the constitution and composition of ward committees consisting of wards and members of wards who represent that ward in the Municipality.
  • Reservation of seats for Schedule Castes and Schedule Tribes is provided in every municipality in proportion to their population.
  • Provision for reservation of 1/3 rd of the total number of seats is also provided for women.
  • The State legislature has been empowered to make any provision for reservation in the municipality at any level in favor of the backward class.
  • Municipalities have been provided with a five-year term of office at every level. It can however be dissolved before the completion of its term.
  • A municipality, if elected after the dissolution of the municipality, shall continue for the remaining period for which the dissolved municipality would have continued had it not been dissolved.
  • If he is disqualified under any law for the time being in force for the purposes of elections to the legislature of the state concerned; or
  • If he is disqualified under any law made by the State legislature.
  • However, no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years.
  • Article 243W deals with the powers, authorities, and responsibilities of municipalities that include urban planning, financial and social development, and so on.
  • Article 243X states that the COI has left it open to the Legislature of a State to specify by law matters relating to the imposition of taxes.
  • Article 243Y provides for the constitution of the Finance Commission which will give its opinion on the distribution of finances between the State and the municipality and will determine the aid subsidies.
  • Article 243ZA provides for the establishment of a State Election Commission, independent of Election Commission of India, which conducts elections for every Municipal Corporation for a term of 5 years.
  • These include Assam, Meghalaya, Tripura, and Mizoram. It is also not applicable to the area under Darjeeling Gorkha Hill Council.
  • A Metropolitan area means an area having a population of 10 lakh or more, in one or more districts, and consisting of two or more municipalities or panchayats or other contiguous areas.
  • The act prohibits courts from interfering in municipality elections.
  • It also states that no election to a municipality may be challenged unless accompanied by an election petition filed with the appropriate authority and in the manner prescribed by the state legislature.
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write an essay on 74th amendment of indian constitution

Amendments to the Indian Constitution – Indian Polity Notes 

  • Amending the Indian Constitution is the process of changing the nation’s fundamental law or supreme law.  
  • The procedure for amending the constitution is outlined in Part XX (Article 368) of the Indian Constitution. This procedure ensures the sanctity of the Indian Constitution and checks the Parliament of India’s arbitrary power. 
  • The Constitution’s drafters believed that it needed to reflect societal changes as well as the population’s aspirations 
  • They did not regard the Constitution as a sacred and unchangeable law. As a result, they included provisions for incorporating changes on occasion. These modifications are known as constitutional amendments. 
  • However, the procedure for amending the Indian constitution is neither as simple as in the United Kingdom nor as difficult as in the United States. 
  • It was taken from South Africa’s constitution. 

Table of Contents

Power to Amend the Constitution 

  • Part XX of the constitution contains Article 368, which deals with Parliament’s powers to amend the constitution. 
  • The Supreme Court stated in the Keshavananda Bharati decision that Parliament cannot amend those parts of the constitution that are part of the ‘Basic Structure’. 
  • Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights but without affecting the ‘basic structure’ of the Constitution” . Article 368 of Part XX of the Indian Constitution allows for two types of amendments. 
  • Parliamentary special majority 
  • By a special majority of the Parliament and ratification by half of the total number of states. 

Amendment Types 

  • Article 368 of the Indian Constitution provides for two types of amendments: amendments by a special majority of Parliament and amendments by a special majority of Parliament plus ratification by a simple majority of half of the state legislatures. 
  • Certain provisions of the Constitution require amendment by a simple majority of each house, that is, a majority of members present and voting in each house (similar to ordinary legislation). Article 368 does not consider these amendments to be amendments. 
  • It means that the Indian Constitution can be amended in three ways: by a simple majority of the Parliament, by a special majority of the Parliament, or by a special majority of the Parliament and the ratification of half of the state legislatures. 

Types of Amendments: 

Amendment procedure under article 368 .

  • The procedure for amending the Indian Constitution following Article 368 is as follows: 
  • A constitutional amendment may be initiated only by the introduction of a Bill in either House of Parliament, not in the state legislature. 
  • The bill does not need the President’s permission to be introduced in Parliament. 
  • The bill must be introduced by a minister or a private member. 
  • The bill must be passed by a special majority in each house, which is the majority of the total membership of the house plus the majority of two-thirds of the members present and voting. 
  • The bill must be passed separately by each house, and there is no provision for a joint sitting if the two houses disagree. 
  • If the bill seeks to amend a federal provision of the constitution, it must also be ratified by a simple majority of half of the state legislature. 
  • The bill is presented to the president for his assent after being duly passed by both houses and ratified by the states (if required). 
  • The President has no authority to withhold or return a bill to the legislature for reconsideration. As a result, the President must give his assent to the bill. 
  • The bill will become an Act after the President’s assent. 

Simple Majority 

  • This refers to a majority of more than 50% of those present and voting, and it is not covered by Article 368. This is also known as the working majority or functional majority. In Parliamentary business, the simple majority is the most commonly used form of majority. When the constitution or laws do not specify the type of majority required, the simple majority is used. 
  • Consider the Lok Sabha situation to better understand the simple majority. On a particular day, 45 of the 545 members were absent, and 100 abstained from voting on an issue. As a result, only 400 members were present and voting. The simple majority is then 50% of 400 plus 1, or 201. 

Cases where the simple majority is used: 

  • Ordinary/Money/Financial bills must be passed. 
  • Non-confidence motion/Adjournment Motion/Censure Motion/Confidence Motion must be passed. 
  • The simple majority required in Lok Sabha to remove the Vice President is A67 (b). 
  • Declare a financial crisis. 
  • Declare a state of emergency (Presidential power). 
  • Formation of new states and changes to existing states’ areas, boundaries, or names 
  • State legislative councils may be abolished or established. 
  • Citizenship – acquisition and termination, Use of official language 
  • Speaker and Deputy Speaker of Lok Sabha and state legislatures are elected. 
  • Fifth Schedule: administration of scheduled areas and tribes; Sixth Schedule: administration of tribal areas. 

The Special Majority  

  • The special majority refers to all types of majorities other than the absolute, effective, or simple majority. There are four types of special majority, each with its own set of clauses. 
  • The Fundamental Rights and Directive Principles of State Policy (DPSP) are the two most important provisions that can be changed by a special majority; however, any changes must remain within the constraints of the Constitution’s Basic Structure. 
  • Type 1 – Special Majority as Per Article 249. 
  • Type 2 – Special Majority as per Article 368. 
  • Type 3 – Special Majority as per Article 368 + 50 percent state ratification by a simple majority. 
  • Type 4 – Special Majority as per Article 61. 

Article 249: Special Majority 

  • Article 249 requires a special majority of two-thirds of those present and voting. For example, if only 150 of the Rajya Sabha’s 245 members are present and voting, the special majority required under Article 249 is 101. 
  • Cases in which the special majority of article 249 is used: 
  • To pass a Rajya Sabha resolution authorizing the legislature to make laws on the state list. (Valid for one year, but can be extended an unlimited number of times). 

Article 368: Special Majority 

  • Article 368 specifies that a special majority of two-thirds of the members present and voting must be supported by more than half of the total strength of the house. Most constitutional amendment bills require this type of majority. To pass a constitution amendment bill in Rajya Sabha, the bill must be supported by more than two-thirds of the members present and voting, in addition to 123 members. 

Cases requiring a special majority under Article 368: 

  • To pass a constitutional amendment bill that has no impact on federalism. 
  • Judges of the Supreme Court and the High Court should be removed. 
  • CEC/CAG removal. 
  • Article 368 requires a special majority in both houses to declare a national emergency. 
  • Resolution of the state legislature establishing/decreasing the Legislative Council (Article 169). 

Special Majority as Per Article 368 Plus State Ratification 

  • When a constitutional amendment bill attempts to change the federal structure, a special majority is required. A special majority, as defined in Article 368, plus state ratification requires a simple majority of more than 50% of the state legislatures present and voting. 
  • Cases in which a special majority under Article 368 plus state ratification is used: To pass a constitutional amendment bill affecting federalism, such as the position of Supreme Court Justices. 

Article 61: Special Majority 

  • Article 61 requires a special majority of two-thirds of the total strength of the house. The special majority required by Article 61 in the Lok Sabha is 364; in the Rajya Sabha, the special majority required by Article 61 is 164. 
  • Cases in which a special majority is used under Article 61: Impeachment of the Indian President. 

Fundamental Rights Amendment and the Evolution of the Basic Structure 

  • The evolution of the basic structure was motivated by the question of whether or not Fundamental Rights can be amended by Parliament under 368. Important incidents in this regard include 
  • Case of Shankari Prashad, 1951: The Supreme Court ruled that Parliament’s power to amend the Constitution under Article 368 includes the ability to amend the Fundamental Rights. 
  • Case of Golakhnath, 1967: The Supreme Court overturned its previous decision. The Supreme Court ruled in this case that Fundamental Rights are given a “transcendental and immutable” status. As a result, the Parliament cannot limit or eliminate any of the Fundamental Rights. 
  • The 24th Amendment Act, of 1971 , was passed in response to the Court’s decision in the Golakhnath Case in 1967. The act amended Articles 13 and 368, declaring that Parliament has the authority to limit or eliminate any of the Fundamental Rights under Article 368 and that such an act will not be considered a law under Article 13. 
  • Kesavananda Bharati Case, 1973: The Supreme Court overruled its judgment made in the Golakhnath Case and stated that the Parliament is empowered to take away any of the Fundamental Rights but at the same time it introduced a new doctrine of the “Basic Structure”. It ruled that Parliament’s power under Article 368 does not allow it to change the Constitution’s “Basic Structure/Feature,” and declared Fundamental Rights to be a basic structure of the Constitution. 
  • The 42nd Amendment Act of 1976 amended Article 368 and declared that there are no limitations on Parliament’s constituent power and that no amendment can be challenged in any court. 
  • Minerva Mills Case, 1980: The Supreme Court invalidated the provision in this case because it prohibits judicial review, which is a “basic feature” of the Constitution. 
  • Waman Rao Case, 1981: The Supreme Court clarified that the Basic Structure doctrine would apply to constitutional amendments enacted after April 24, 1973. (i.e., after the date of the judgment of the Keshwanand Bharti case). 

Recent Significant Amendments to the Constitution: 

Important indian constitutional amendments .

  • The First Amendment (1951) protected property owners’ rights while making it more difficult for the government to enact land reform measures. It also included the Ninth Schedule, which shielded certain laws from legal challenge. 
  • Fourth Amendment (1955): This amendment gave the government the authority to take over the management of “absentee landlord” estates, which were estates owned by landlords who did not live on or manage the land. 
  • Seventh Amendment (1956): This amendment expanded the government’s authority to acquire property for public purposes and compensate the owners. 
  • Eleventh Amendment (1961): This amendment authorized the government to take over the management of “inam” lands, which were lands granted by the government to individuals or institutions. 
  • The Sixteenth Amendment (1966) authorized the government to levy agricultural income taxes. 
  • The Eighteenth Amendment (1971) made significant changes to the Indian Constitution, including the creation of a new state (Meghalaya), the addition of a new language (Santali) to the Eighth Schedule, and the abolition of the former rulers of the princely states’ privy purses. 
  • The Twenty-fifth Amendment (1971) established the right to property as a legal right rather than a fundamental right. 
  • Thirty-ninth Amendment (1975): This amendment safeguarded Sikkim’s constitutional position after it was merged with India. 
  • The Forty-second Amendment (1976) made several changes to the Indian Constitution, including adding the words “secular” and “socialist” to the Preamble and inserting the Fundamental Duties of Citizens. 
  • The Forty-fourth Amendment (1978) reversed many of the changes made by the Forty-second Amendment and restored citizens’ rights and freedoms. 
  • The Fifty-second Amendment (1985) established the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act as a fundamental right. 
  • The Sixty-first Amendment (1989) reduced the voting age from 21 to 18. 
  • Sixty-ninth Amendment (1991): This amendment established Delhi as a Union Territory with a legislature. 
  • The Seventy-third Amendment (1992) recognized the right to panchayats (local self-governments) as a fundamental right and provided for the reservation of seats in panchayats for Scheduled Castes and Scheduled Tribes. 
  • The Seventy-fourth Amendment (1992) recognized the right to municipalities (local self-government) as a fundamental right and provided for the reservation of seats in municipalities for Scheduled Castes and Scheduled Tribes. 
  • The 77th Amendment (1995) provided for the reservation of seats in cooperative societies for Scheduled Castes and Scheduled Tribes. 
  • The 93rd Amendment (2006) provided for the reservation of seats in higher education institutions for Scheduled Castes and Scheduled Tribes. 
  • The 95th Amendment (2009) provided for the reservation of seats for Scheduled Castes and Scheduled Tribes in government job promotions. 
  • The 103rd Amendment (2019) provided for the reservation of seats in higher education institutions for economically disadvantaged members of society. 
  • We must recognize that the Constitution is the foundation of this democracy. While it was revolutionary for our founding fathers to include amendment provisions, such provisions mustn’t be abused. Misuse could result in excessive legislative or executive power, tearing the fabric of our democracy. 

Frequently Asked Questions (FAQs)

Faq: how many amendments have been made to the indian constitution.

Answer: As of my last knowledge update in January 2022, there have been 105 amendments to the Indian Constitution. Please verify with the latest sources for any changes after this date.

FAQ: What is the significance of the 73rd and 74th Amendments to the Indian Constitution?

Answer: The 73rd and 74th Amendments, passed in 1992, introduced a historic decentralization of power in India. The 73rd Amendment pertains to rural local bodies (Panchayats), while the 74th Amendment relates to urban local bodies (Municipalities). These amendments aimed to strengthen local self-governance by transferring certain powers and responsibilities to elected representatives at the grassroots level, promoting grassroots democracy and local development.

FAQ: Can fundamental rights be amended in the Indian Constitution?

Answer: While the Indian Constitution allows for amendments, certain core principles known as “basic structure” cannot be altered. The Supreme Court, in the Kesavananda Bharati case (1973), held that while Parliament has the power to amend the Constitution, it cannot alter its basic structure, which includes fundamental rights. Therefore, fundamental rights can be amended, but any such amendment should not violate the basic structure doctrine.

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74th Amendment of the Indian Constitution

74th Amendment of the Indian Constitution, 1992 became effective on June 1, 1993. It introduced Part IX A, focusing on municipalities and granting constitutional status to Urban Local Bodies (ULBs). It introduced the concepts of local self-government and municipality in India.

The main purpose of the 73rd and 74th Constitutional Amendments is to decentralize power and promote local self-government by transferring power to rural people.

In this article, we will read about the 74th Amendment of the Indian Constitution, its history, objectives, provisions, significance, and features. You will also read about municipalities or urban local government and the reservation of seats in municipalities.

Table of Content

What is the 74th Amendment of the Indian Constitution?

History of the 74th amendment of the indian constitution, objectives of the 74th amendment of the indian constitution, provisions of 74th amendment of the indian constitution, significance of 74th amendment of the indian constitution, features of 74th amendment of the indian constitution, reservation of seats in the.

The 74th Constitutional Amendment Act of the Indian Constitution was proposed in 1992 but came into force on 1st June 1993. It introduced the concept of local self-government and municipality in India. The system of Municipalities or “Nagarpalika” was constitutionalized through this amendment act. The 74th Amendment Act of the Indian Constitution, 1992 has introduced a new Part IXA in the Constitution, which deals with Municipalities in articles 243 P to 243 ZG. This amendment is, also known as the Nagarpalika Act.

The need for urban governance was highlighted by various committees and commissions, including the Balwant Rai Mehta Committee (1957), the GVK Rao Committee (1985), and the Sarkaria Commission (1988). The 74th Constitutional Amendment Act of the Indian Constitution was proposed in 1992 but came into force on 1st June 1993. 74th Amendment Act dealt with municipalities and urban local bodies(ULBs) . This amendment was passed in 1992 to ensure further power devolution to local governments and bolster the democratic framework of urban local authorities. It attempted to encourage local self-governance and highlighted the necessity of elected representation in metropolitan areas.

Also Read: Roles and Functions of Local Government Importance of Local Government Bodies

The Objectives of the 74th Amendment of the Indian Constitution are as follows:

  • Municipalities were granted constitutional status through the 74th Constitutional Amendment.
  • This inclusion brings them under the justiciable provisions of the Constitution.
  • State governments are constitutionally mandated to implement the new municipal system by the act’s provisions.
  • The primary goal of the act is to strengthen and rejuvenate municipal governments.
  • The aim is to enable municipalities to efficiently fulfill their responsibilities as local government entities.

The following are the provisions of the 74th Amendment of the Indian Constitution:

  • 74th Amendment act added a new part to the Constitution, Part IX-A.
  • Part IX-A consist of articles from 243-P to 243-ZG.
  • This act offers a structure for the delegation of responsibilities and tasks to Municipalities system entities at various state levels.
  • Provisions for the reservation of seats for SCs, STs, and women in municipal bodies to promote social justice and gender equality.
  • Municipalities must receive powers, duties, and responsibilities from the state in order for them to operate as institutions of self-governance.
  • The 74th Amendment to the Constitution outlines the rules pertaining to the holding of local body elections, guaranteeing an open and democratic process.

The economic expansion of the country is significantly influenced by cities and towns. These urban hubs play a major role in the development of the rural hinterland.

  • The amendment aims to decentralize urban administration by recognizing urban local bodies (ULBs) as organizations of self-government.
  • It aimed to strengthen local government authority and decision-making skills.
  • To sustain this economic transformation in accordance with needs and realities at the grassroots level, the people and their representatives must be fully involved in the planning and execution of the local programs.
  • If democracy is to stay strong and stable in the Parliament and State Legislatures, its roots must reach into the towns, villages, and cities where people live.

The following are the features of 74th Amendment of the Indian Constitution:

  • There are three kinds of Municipalities present in every State. Nagar Panchayat, Municipal Council, Municipal Corporation are three kinds of Municipalities.
  • All the members of a Municipality are to be directly elected by the people of the Municipal area.
  • Duration of the municipality has been fixed at 5 years from the date appointed for its first meeting.
  • The minimum age to be qualified as a member is 21 years.
  • The manner of election of Chairpersons of municipalities has been left to be specified by the State Legislature.

Reservation of the seats for the Scheduled castes and scheduled tribes in every municipality corporation has to be provided in proportion to their population to the total population in the municipal area.

  • The proportion of seats to be reserved for SC/ST to the total number of seats has to be same as the proportion of the population of SC/ST in the municipal area.
  • The reservation has to be made for only those seats that are to be filled by the direct elections. (This means no reservation for nominated seats)
  • This article also provides that not less than one-third of the total number of seats reserved for SC/ST shall be reserved for women belonging to SC/ST. (Mandatory provision)
  • In respect of women, the seats shall be reserved to the extent of not less than one-third of the total number of seats. This includes seats reserved for women belonging to SC/ST. These reservations will apply for direct elections only. (Mandatory provision)
  • There are no bar on State Legislatures from making provisions for reservation of seats in any municipality or office of Chairperson in the municipalities in favor of backward class of citizens. (Optional Provision). {Article 243S}

Conclusion – 74th Amendment of the Indian Constitution

The 74th Amendment Act was passed in 1992 during P.V. Narsimha Rao’s administration, which had provisions for constitutionalized urban local councils. It came into force on June 1st, 1993. It added Part IX-A and consists of provisions from Articles 243-P to 243-ZG. This amendment act also added the 12th Schedule to the Constitution. It contains 18 functional matters of Municipalities. All members of the municipality should be elected directly by the people. Each municipal area shall be divided into territorial constituencies known as wards. A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee. A Wards Committee consists of two or more wards, one of the members representing such wards in the Municipality elected by the members of the Wards Committee shall be the Chairperson of that Committee.

People Also Read: 105th Constitutional Amendment Act, 2021 – Impact and Significance 13th Amendment of the Indian Constitution 88th Amendment Act 2003 of Indian Constitution 102nd Amendment of the Indian Constitution

FAQs on 74th Amendment of the Indian Constitution

Why 74th constitutional introduced in indian constitution.

74th Amendment Act was introduced to decentralize power and promote local government by forming Municipalities for urban areas.

What is the difference between 73rd Constitutional Amendment and 74th Constitutional Amendment?

The 73rd Constitutional Amendment introduced the Panchayati Raj System to rural India while the 74th Amendment introduced the Municipality System to urban India.

Which part was added in Indian Constitution after 74th Amendment Act?

Part IX-A was added in Indian Constitution after 74th Amendment Act.

Which area of country is known as Metropolitan area?

According to Article 243P, Metropolitan area in the country is an area where population is above 10 Lakh.

What is the significance of the 74th Constitutional Amendment?

The 74th Constitutional Amendment act provide decentralization of powers from higher level to lower level. This act provides a basic framework of decentralization of powers to the municipal bodies at different levels.

What is the other name of 74th Amendment?

The 74th Constitutional Amendment act is also known as “Nagarpalika act”.

What is the 74th Amendment Act 12th schedule?

12th Schedule was added after the 74th constitutional amendment in 1992. This Schedule contains 18 provisions.

What is the conclusion of the 74th Amendment?

The 74th Amendment provides provisions for Municipalities. The 74th amendment of the Indian Constitution incorporated the 12th schedule.

References:

cag.gov.in/

mohua.gov.in/

www.education.gov.in/

en.wikipedia.org/

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74th Amendment in Constitution of India | 74 Constitutional Amendment

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write an essay on 74th amendment of indian constitution

Panchayati Raj Institution Under 73rd Constitutional Amendment: Feature, Significance and Impact

write an essay on 74th amendment of indian constitution

Empowering Local Governance – Essence of the Panchayati Raj

The 73rd Amendment of Indian Constitution aimed at strengthening local self governments and ensuring an element of uniformity in their structure and functioning across the country.

Constitutional Status to Local Self Government in India – For Rural and Urban 

  • Rural Government: The 73rd Amendment Act  is about rural local governments which are also known as Panchayati Raj Institutions or (PRIs).
  • Urban Government: The 74th Amendment made the provisions relating to urban local government (Nagarpalikas).  
  • The 73 rd and 74 th Amendments came into force in 1993.
  • Adoption of State: Since local self government is a State subject , the States had to change their laws about local bodies in order to bring these in conformity with the amended Constitution.

What are the key features of the 73 rd Amendment of Indian Constitution?

1. Three Tier Structure within Rural Self-Governing Bodies:

  • The three-tier structure of local self government in India is a framework for decentralized governance that empowers different levels of local bodies.
  • Gram Panchayats: These are the lowest-level local self government bodies, typically responsible for governing individual villages or groups of villages.
  • Panchayat Samitis: The intermediate level, Panchayat Samitis, covers a group of Gram Panchayats. 
  • Zila Parishads: At the top of the three-tier structure are Zila Parishads, responsible for district-level governance and coordination. 

2. Gram Sabha: The Vital Role of Gram Sabha and Gram Panchayat

  • Mandatory Provision: The amendment also made a provision for the mandatory creation of the Gram Sabha . 
  • Members: The Gram Sabha would comprise all the adult members registered as voters in the Panchayat area. 
  • Its role and functions are decided by State Legislation.
  • The Gram Sabha is a key factor in making the Gram Panchayat play its role and be responsible.
  • It is the place where all plans for the work of the Gram Panchayat are placed before the people. 
  • The Gram Sabha prevents the Panchayat from doing wrong things like misusing money or favoring certain people. 
  • It plays an important role in keeping an eye on the elected representatives and in making them responsible to the persons who elected them.

3. Elections: Democratic Foundations

  • All the representatives at three level s of Panchayati Raj institutions are elected directly by the people .
  • Term: The term of each Panchayat body is five years .
  • Provision for immediate elections after dissolution i.e., if the State government dissolves the Panchayat before the end of its five-year term, fresh elections must be held within six months of such dissolution.

4. Reservations in Panchayati Raj for Women and Marginalized Communities

  • Women Reservation: One-third of the positions in all panchayat institutions are reserved for women.
  • If the States find it necessary , they can also provide reservations for the Other Backward Classes (OBCs).
  • Positions of Chairpersons or ‘Adhyakshas’ at all the three levels, also have reservations.
  • Further, the reservation of one-third of the seats for women is not merely in the general category of seats but also within the seats reserved for Scheduled Castes, Scheduled Tribes, and backward castes.

5. Decentralization Dynamics: Transfer of Subjects to Panchayati Raj Institutions

Article 243G

  • These subjects are to be transferred to the Panchayati Raj institutions. 
  • The actual transfer of these functions depends upon the State legislation . 
  • Each State decides how many of these twenty-nine subjects would be transferred to the local bodies (Article 243G).

6. State Election Commissioner

  • The State government is required to appoint a State Election Commissioner who would be responsible for conducting elections to the Panchayati Raj institutions.
  • The State Election Commissioner is an independent officer and is not linked to nor is this officer under the control of the Election Commission of India.

7. State Finance Commission 

  • The State government is also required to appoint a State Finance Commission once in five years.
  • The Commission would examine the financial position of the local self governments in the State.
  • It would also review the distribution of revenues between the State and local governments on the one hand and between rural and urban local governments on the other .

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Constitution of India: Meaning, Structure, Enactment, Salient Features & Significance

Constitution of India

The Constitution of India , as the fundamental law of the land , embodies the values, principles, and governance framework of our country. It serves as the supreme law, guiding the state’s functioning and ensuring citizen’s rights and responsibilities. With its roots grounded in historical struggles, philosophical ideals, and societal aspirations, it reflects the nation’s collective journey toward democracy, justice, and equality. This article of Next IAS aims to explain the meaning, structure, salient features, significance, and other aspects of the Constitution of India.

Meaning of Constitution

A Constitution of a state is a fundamental set of principles or established precedents according to which the state is governed. It outlines the organization, powers, and limits of government institutions, as well as the rights and duties of citizens. It serves as the supreme law of the land , providing a framework for the functioning of the government, the protection of individual liberties, and the maintenance of social order.

Constitution of India

The Constitution of India is the supreme law of the Republic of India. It lays down the framework for the country’s political system, defining the powers and responsibilities of government institutions, safeguarding fundamental rights, and outlining the principles of governance. It is a set of rules and regulations guiding the administration of a country.

Constitution of India

Structure of the Indian Constitution

The Indian Constitution is one of the longest and most detailed written constitutions in the world. Various components of the structure of the Indian Constitution can be seen as follows:

  • The Indian Constitution is structured into various Parts, each dealing with a specific aspect of the country’s legal, administrative, or governmental framework.
  • Originally, there were 22 parts in the Constitution of India. As of now, there are 25 parts of the Indian Constitution.
  • Each part of the constitution contains several articles numbered sequentially.
  • Originally, there were 395 articles in the Constitution of India. As of now, the Indian Constitution contains 448 articles .
  • They provide clarity and supplementary details, making the Constitution more comprehensive and functional.
  • Originally, there were 8 schedules in the Constitution of India. As of now, there are 12 schedules in the Indian Constitution.

Enactment and Adoption of the Indian Constitution

  • The Constitution of India was framed by a Constituent Assembly which was established in 1946. The President of the Constituent Assembly was Dr. Rajendra Prasad .
  • On 29th August 1947, a resolution was moved in the Constituent Assembly for the appointment of a Drafting Committee to draft a permanent constitution of India. Accordingly, the Drafting Committee was appointed under the chairmanship of Dr. B.R. Ambedkar .
  • The Drafting Committee took a total of 166 days , which was spread over 2 years, 11 months, and 18 days to prepare a draft constitution. The final draft of the Constitution was introduced in the Constituent Assembly on 4th November 1948 .
  • After many deliberations and some modifications, the Draft Constitution was declared as passed by the Constituent Assembly on 26th November 1949. This is known as the “ Date of Adoption ” of the Constitution of India.
  • A few provisions of the Constitution came into force on 26th November 1949. However, the major part of the Constitution came into force on 26th January 1950, making India a sovereign republic. This date is known as the “ Date of Enactment ” of the Constitution of India.

Salient Features of the Indian Constitution

Lengthiest written constitution.

The Constitution of India is the lengthiest of all the written Constitutions of the world. It is a very comprehensive and detailed document.

  • Several factors that have contributed to its elephantine size include – the need to accommodate the vast diversity of the country, a single constitution for both the Center and States, the presence of legal experts and luminaries in the Constituent Assembly, etc.

Drawn from Various Sources

The Constitution of India has borrowed most of its provisions from the Government of India Act of 1935 as well as from the constitutions of various other countries.

Blend of Rigidity and Flexibility

Constitutions are classified into – rigid (requires a special procedure for its amendment) and flexible (can be amended in the same manner as ordinary laws are made).

  • The Constitution of India is neither rigid nor flexible, but a synthesis of both.

Federal System with Unitary Bias

The Constitution of India establishes a federal system of government and contains all the usual features of a federation. However, it also contains a large number of unitary or non-federal features.

Parliamentary Form of Government

The Constitution of India has adopted the British Parliamentary System of Government. The parliamentary system is based on the principle of cooperation and coordination between the legislative and executive organs.

Synthesis of Parliamentary Sovereignty and Judicial Supremacy

The synthesis of parliamentary sovereignty and judicial supremacy in India represents a delicate balance between the authority of the legislature to enact laws and the power of the judiciary to review and interpret these laws in light of constitutional principles.

  • While Parliament retains the ultimate authority to make laws , the judiciary serves as the guardian of the Constitution , ensuring that parliamentary actions adhere to constitutional norms and protect fundamental rights.

Integrated and Independent Judiciary

The Indian Constitution establishes an integrated and independent judicial system in the country.

  • An integrated judicial system means that a single system of courts, comprising of Supreme Court, High Courts, and Subordinate Courts, enforces both the central laws as well as the state laws.
  • An independent judicial system means that the Indian judiciary operates autonomously, free from the influence of the executive and legislative branches of government.

Fundamental Rights

The Indian Constitution guarantees six fundamental rights to all citizens, which promotes the idea of political democracy in the country. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.

Directive Principles of State Policy

The Indian Constitution contains a set of principles in the form of DPSPs, which denote the ideals that the state should keep in mind while formulating policies and enacting laws.

  • The Directive Principles seek to establish a ‘Welfare State’ in India by promoting the ideal of social and economic democracy.

Fundamental Duties

The fundamental duties are a set of moral and civic obligations outlined in the Constitution of India.

  • These duties serve as a guide for citizens to contribute towards building a strong and harmonious nation.

A Secular State

The Constitution of India does not uphold any particular religion as the official religion of the Indian State. Instead, it mandates that the state treat all religions equally, refraining from favoring or discriminating against any particular religion.

Universal Adult Franchise

The Indian Constitution adopts universal adult franchise as the basis of elections to the Lok Sabha and the State Legislative Assemblies.

  • Every citizen who is not less than 18 years of age has a right to vote without any discrimination based on caste, race, religion, sex, literacy, wealth, and so on.

Single Citizenship

Single citizenship is a constitutional principle in India whereby all citizens irrespective of the state in which they are born or reside enjoy the same political and civil rights of citizenship all over the country, and no discrimination is made between them.

Independent Bodies

The Indian Constitution has established certain independent bodies which are envisaged as the bulwarks of the democratic system of Government in India.

Emergency Provisions

The Indian Constitution contains emergency provisions to enable the President to meet any extraordinary situation effectively.

  • The rationale behind the incorporation of these provisions is to safeguard the sovereignty, unity, integrity, and security of the country, the democratic political system, and the Constitution .

Three-tier Government

The three-tier government refers to the division of governmental powers and responsibilities among three levels- the central government, state governments, and local governments (Panchayats and Municipalities).

  • This decentralized system allows for effective governance by delegating authority to address regional and local issues, promoting participatory democracy and grassroots development.

Co-operative Societies

The 9 7th Constitutional Amendment Act of 2011 gave constitutional status and protection to co-operative societies.

Significance of the Constitution of India

  • Rule of Law – The Constitution establishes the framework for governance based on the rule of law, ensuring that no individual, including government officials, is above the law.
  • Protection of Rights – It guarantees fundamental rights to citizens, safeguarding their freedoms of speech, expression, religion, and more, while also providing mechanisms for legal redress if these rights are infringed upon.
  • Structure of Government – The Constitution delineates the structure of government, defining the roles, powers, and limitations of the executive, legislative, and judicial branches. This separation of powers prevents the concentration of authority and promotes checks and balances.
  • Democratic Principles – Through provisions like a universal adult franchise, the constitution upholds democratic principles by ensuring citizens’ participation in governance through free and fair elections.
  • Stability and Continuity – The constitution provides stability and continuity in governance, serving as a framework for guiding successive governments and preventing abrupt changes in the political system.
  • National Unity – It fosters national unity by recognizing and respecting the diversity of the populace while also promoting a sense of common citizenship and allegiance to the nation.
  • Legal Framework – The constitution serves as the legal foundation upon which all laws and regulations are based, providing consistency and coherence in the legal system.
  • Adaptability – While providing a stable framework, the constitution also allows for necessary amendments to accommodate changing societal needs and values, ensuring its relevance over time.

Sources of the Constitution of India

  • Government of India Act of 1935 – Federal Scheme, Office of Governor, Judiciary, Public Service Commissions, Emergency Provisions, and Administrative Details.
  • British Constitution – Parliamentary System of Government, Rule of Law, Legislative Procedure, Single Citizenship, Cabinet System, Prerogative Writs, Parliamentary Privileges, and Bicameralism.
  • US Constitution – Fundamental Rights, Independence of the Judiciary, Judicial Review, Impeachment of the President, Removal of Supreme Court and High Court Judges, and the Post of the Vice-President.
  • Irish Constitution – Directive Principles of State Policy, the Nomination of Members to Rajya Sabha, and Method of Election of the President.
  • Canadian Constitution – Federation with a strong Centre, vesting of residuary powers in the Centre, appointment of state governors by the Centre, and advisory jurisdiction of the Supreme Court.
  • Australian Constitution – Concurrent List, Freedom of Trade, Commerce & Intercourse, and a Joint Sitting of the two Houses of Parliament.
  • Weimar Constitution of Germany – Suspension of Fundamental Rights during Emergency.
  • Soviet Constitution (USSR, now Russia) – Fundamental duties and the ideal of Justice (Social, Economic, and Political) in the Preamble.
  • French Constitution – Republic and the ideals of Liberty, Equality, and Fraternity in the Preamble.
  • South African Constitution – Procedure for amendment of the Constitution and election of members of Rajya Sabha.
  • Japanese Constitution – Procedure established by law.

Various Schedules of the Indian Constitution

Parts of the constitution.

Note – Part-VII (The States in Part B of the First Schedule), has been deleted by the 7th Constitutional Amendment of 1956.

In conclusion, the Indian Constitution stands as a testament to the nation’s democratic ideals and aspirations. Its meticulous crafting, rooted in historical struggles and visionary principles, continues to guide India’s journey towards a more just, inclusive, and prosperous society. The Indian Constitution stands as a testament to upholding its values, fostering unity amidst diversity, and safeguarding the rights and liberties of every citizen, thus ensuring a brighter future for generations to come.

Related Concepts

  • Constitutionalism – Constitutionalism is a system where the Constitution is supreme and the institution’s structure and processes are governed by constitutional principles. It provides the template or framework within which the state has to carry out its operations. It also puts limitations on the government.
  • Classification of the Constitution – Constitutions across the world have been classified into the following categories and sub-categories:

Frequently Asked Questions

What is the constitution of india.

The Constitution of India is the supreme law of the country, outlining its governance framework, rights, and duties. It establishes India as a sovereign, socialist, secular, democratic republic, ensuring justice, liberty, equality, and fraternity for its citizens.

When was the Constitution of India adopted?

The Constitution of India was adopted on 26th November 1949.

Why the Constitution of India is called a bag of Borrowing?

The Constitution of India is called a “bag of borrowing” due to its extensive adaptation of principles and provisions from various global sources. It amalgamates elements from multiple constitutions, including the British, American, Irish, Canadian, and others, reflecting India’s diverse legal heritage and democratic ideals.

Who is known as the ‘Father of Indian Constitution’?

Dr. B.R. Ambedkar is regarded as the “Father of the Indian Constitution” for his pivotal role as the chairman of the Drafting Committee and his significant contributions in shaping the provisions of the Indian Constitution.

When do we Celebrate the Constitution Day?

Constitution Day also famously known as ‘Samvidhan Divas’, is celebrated in our country on 26th November every year to commemorate the adoption of the Constitution of India.

What is the Philosophy of the Constitution of India?

The philosophy of the Constitution of India revolves around several key principles such as Sovereignty, Equality, Justice, Liberty, Fraternity, Dignity, Secularism, Federalism, Democratic Principles etc.

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  1. 74th Constitutional Amendment Act

    The 74th Constitutional Amendment Act of 1992 established the Municipalities or Urban Local Governments system as a constitutional entity. In India, the phrase "Urban Local Government" refers to the process through which the electorate governs an urban region. An urban local government can only regulate activities inside a given urban ...

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    74th Amendment Act introduced Municipalities or Urban Local Bodies as constitutional entities. Urban Local Bodies means a process by which an electorate in India governs the urban region. 74th Amendment Act aimed to create an institutional framework to let in grassroots democracy or democratic decentralization through self-governing local bodies in urban areas of the country.

  3. 30 Useful Questions on 73rd and 74th Amendment of Indian Constitution

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  4. Municipalities (Article 243P- 243ZG)

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  5. Highlights of 74th Amendment Act, 1992 in India

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  6. 74th Constitutional Amendment Act Of 1992

    74th Constitutional Amendment Act of 1992. New Part IX A 'The Municipalities'- Article 243 P To Article 243 ZG. Added a new Twelfth Schedule with 18 functional items of municipalities deals with Article 243-W. Constitutional obligation on State governments to adopt the new system of municipalities in accordance with the provisions of the act.

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    This Act has added Part IX-A to the Constitution of India. It is entitled as 'The Municipalities' and has inserted provisions from Articles 243-P to 243-ZG. In addition, the Act has also added Twelfth Schedule to the Constitution. It contains 18 functional items of municipalities listed under Article 243-W.

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    Constitution and composition of Wards Committees, etc.- (1) There shall be constituted Wards Committees, consisting of one or more wards, within the territorial area of a Municipality having a population of three lakhs or more. (2) The Legislature of a State may, by law, make provision with respect to-. (a) the composition and the territorial ...

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  18. PDF The Constitution (Seventy-fourth Amendment) Act, 1992

    Be it enacted by Parliament in the Forty-third Year of the Republic of India as follows:-. (1) This Act may be called the Constitution (Seventy-fourth Amendment) Act, 1992. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Short title and commence-ment.

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    Note - Part-VII (The States in Part B of the First Schedule), has been deleted by the 7th Constitutional Amendment of 1956.. In conclusion, the Indian Constitution stands as a testament to the nation's democratic ideals and aspirations. Its meticulous crafting, rooted in historical struggles and visionary principles, continues to guide India's journey towards a more just, inclusive, and ...

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