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74th Constitutional Amendment Act

Last updated on November 21, 2022 by ClearIAS Team

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.

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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74th Amendment Act - Indian Polity Notes

Patil Amruta

Jun 19, 2024

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74 th Amendment Act is known for giving constitutional status to Urban Local Bodies. It has created an institutional framework to let in grassroots democracy or democratic decentralization through self-governing local bodies in urban areas of the country. It also gave the ULBs, the power to exercise 18 functions listed in the 12th Schedule of the Indian Constitution. The topic “74th Constitutional Amendment Act” is an important part of the UPSC/IAS Exam Polity and Governance syllabus which is discussed in this article in detail. On this topic, in UPSC Prelims and UPSC Mains many times questions have been asked.

Historical Background

• The village panchayats lost their autonomy and became weak during British rule.
• 1870: The Mayo Resolution (1870) forced the development of local institutions by expanding their powers and responsibilities. Mayo also presented the concept of elected officials in urban municipalities.
• 1882: Following this, Lord Rippon provided the essential democratic framework for these institutions.
• 1907: The appointment of the Royal Commission on Centralization gave a boost to the local self-government institution.
• Post–Independence: After the Constitution came into power, Article 40 mentions the panchayats, and Article 246 enables the state lawmaking body to enact any subject identifying with local self-government.
• 1959: Balwant Rai Mehta Committee proposed three-level PRIs , to be specific, Gram Panchayats at the village level, Panchayat Samiti at the block level, and Zilla Parishad at the district level.
• 1977: The appointment of the Ashok Mehta Committee introduced Panchayat Raj. The Committee suggested a two-level Panchayat Raj institutional design consisting of Zilla Parishad and Mandal Panchayat.
• 1985: The G.V.K. Rao Committee suggested making the "district" the fundamental unit and holding regular elections. However, the L.M.Singhvi Committee suggested giving more financial resources and Constitutional status to the panchayats to reinforce them.
• 1989: The Rajiv Gandhi Government presented the 65th Constitutional Amendment Bill (Nagarpalika bill) in the Lok Sabha. The bill pointed toward strengthening and revamping the municipal bodies by giving Constitutional status to them.
• 1991-93: The Narasimha Rao Government also introduced the Amended Municipalities Bill in Lok Sabha. It eventually became the 74th Constitutional Amendment Act of 1992 and entered into force on June 1, 1993.

Objectives - 74th Constitutional Amendment Act

• The act granted municipalities constitutional status. It has brought them under the purview of the Constitution's justiciable provisions.
• In other words, state governments have a constitutional obligation to implement the new municipal system in accordance with the provisions of the act.
• The act's goal is to revitalize and strengthen municipal governments so that they can function effectively as units of local government.

Constitutional Provisions – 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 - 74th Constitutional Amendment Act

Three types of municipalities.

The act provides for the constitution of the following three types of municipalities in every state.

• A Nagar Panchayat (by whatever name called) for a transitional area.
• A municipal council for a smaller urban area.
• A municipal corporation for a larger urban area.
• However, there is one exception, 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.

Composition

• All the members of a municipality shall be elected directly by the people of the municipal area.
• For this purpose, each municipal area shall be divided into territorial constituencies to be known as wards.
• The state legislature may provide the manner of election of the chairperson of a municipality.

Wards Committees

• A wards committee shall be constituted consisting of one or more wards, within the territorial area of a municipality having a population of three lakh or more.

Other Committees

• In addition to the ward committees, the state legislature is also allowed to make any provision for the constitution of other committees.
• The chairpersons of such committees may be made members of the municipality.

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 favor of the backward class.

Duration of Municipalities

• 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.

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.

State Election Commission

• The State Election Commission has been constituted and has been endowed with various roles like superintendence, direction and control of the preparation of electoral rolls.
• The conduct of elections to the Municipalities shall also be handled by the state election commission.

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.

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.

Finance Commission

• The finance commission is constituted by the governor to review the financial position of the Municipalities.
• This commission recommends the governor to decide on the principles that should govern the distribution of taxes between the state and the Municipalities.
• It also determines the taxes, duties, tolls, and fees that may be assigned to Municipalities.
• The provisions with respect to the maintenance of accounts by the Municipalities and the auditing of such accounts are done according to the provisions decided by the state legislature.

Audit of Accounts

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

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 of modification as required.

Exempted Areas

The act does not apply to scheduled areas and tribal areas in the following states.

• 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.

District Planning Committee

• Every state shall constitute at the district level, 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 act lays down that four-fifths of the members of a district planning committee should be elected by the elected members of the district panchayat and municipalities in the district from amongst themselves.

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.

Continuance of Existing Laws and Panchayats

• All state laws pertaining to municipalities shall remain in effect until one year after the commencement of this act.
• In other words, states must implement the new municipality system based on this act within a year of its enactment on April 24, 1993, the date of the act's enactment.
• However, all municipalities that existed prior to the enactment of the act will continue until the end of their terms, unless dissolved earlier by the state legislature.

Bar to Interference by Courts in Electoral Matters

• The act prohibits courts from interfering in municipality elections.
• It declares that the constitutionality of any law relating to the delimitation of constituencies or the allocation of seats to such constituencies cannot be challenged in any court.
• 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.

Twelfth Schedule

The following 18 functional items are placed within the purview of municipalities:

• Urban planning including town planning;
• Regulation of land use and construction of buildings;
• Planning for economic and social development;
• Roads and bridges;
• Water supply for domestic, industrial, and commercial purposes;
• Public health, sanitation, conservancy, and solid waste management;
• Fire services;
• Urban forestry, protection of the environment, and promotion of ecological aspects;
• Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded;
• Slum improvement and upgradation;
• Urban poverty alleviation;
• Provision of urban amenities and facilities such as parks, gardens, and playgrounds;
• Promotion of cultural, educational, and aesthetic aspects;
• Burials and burial grounds, cremations and cremation grounds, and electric crematoriums;
• Cattle ponds, prevention of cruelty to animals;
• Vital statistics including registration of births and deaths;
• Public amenities including street lighting, parking lots, bus stops, and public conveniences; and
• Regulation of slaughterhouses and tanneries.

Significance of 74th Amendment Act

• Cities and towns make significant contributions to the nation's economic growth.
• The growth of the rural hinterland is significantly aided by these urban centers.
• The people and their representatives must be fully involved in the planning and implementation of the programmes at the local level in order to maintain this economic change in line with requirements and realities at the grassroots level.
• The roots of democracy must extend into the towns, villages, and cities where people live if it is to remain strong and stable in the Parliament and State Legislatures.
• At the point when we take the provisions of the Part IXA of our constitution, we can say with certainty that the 74th amendment act 1992 is perhaps the most significant and fundamental amendment so far concerning urban developments. The Act attempted to make local bodies efficient and transparent.
• The 74th amendment to the Constitution was intended to empower Urban Local government with decision-making abilities, revenue generation, and financial autonomy.
• As far as financial autonomy or independence, Urban Local governments have unquestionably shown improvement over their rural counterparts, nonetheless, no Indian city can in any case coordinate with any of the metros in developed nations even following 25 years of underlying change.
• The implementation of the 74th CAA by the State Governments across the country has not been done enough to implement it with few exceptions like Kerala and West Bengal.

Recent Remarks

• In 2018, NITI Aayog official said that even after the twenty-five years of passing the 74th Constitutional Amendment Act, 1992 that aimed at strengthening democracy at the grass root level through local bodies, only 11 states have managed to devolve municipal functions to Urban Local Bodies.
• Before the hit of the second wave of the Covid pandemic, The 15th Finance Commission had called out the need for decentralized primary healthcare to be handled by local bodies, with the engagement of elected councilors, communities, and resident welfare associations.

• The 74th Amendment to the Constitution marks a watershed moment in India's evolution of local government.
• Municipalities and municipal corporations in urban India have been granted constitutional status for the first time.
• The Nagar Palika Central Legislation, also known as the 74th CAA, has dispersed hundreds of small local governments across India.
• The 74th CAA not only constitutionalized the status of urban local government, but it also improved its life, structure, working, and financial conditions.

Question: Who can dissolve the Municipal Corporation?

The 74th Constitutional Amendment Act,1992 gave to the provision of Urban Local Self-government. The Municipal Corporation administers a region with a populace of more than 1 million. The individuals are straightforwardly chosen from wards known as councilors and the head is called Mayor. Its term is for a time of five years however can be broken down by the State Government(Governor) on the off chance that it neglects to play out its obligation appropriately or has abused the power given.

Question: What percentage of seats are reserved in the Municipal Council for women?

The constitution ensures the reservation of at least 33% of the absolute number of seats to be filled by direct election in local government bodies in towns and districts for women. Likewise, inside seats reserved in each village council (panchayat) or municipality council for scheduled caste and tribes at the very least 33% will be held for women belonging to this group. Basically, 33% of the office of chairpersons of the council is additionally reserved for women.

Question: What was the main purpose of the 74th amendment?

The 74th Constitutional Amendment Act required the establishment of Urban Local Bodies (ULBs), sometimes known as city governments, as the lowest level of government in cities and towns, and the devolution of powers to these bodies.

Question: What is the difference between the 73rd and 74th amendment Act?

The Panchayati Raj System was introduced to rural India by the 73rd Amendment Act, while the Municipality System was introduced to urban India by the 74th Amendment Act. The Panchayati Raj is the first tier of the three-tiered system established by the 73rd Amendment Act.

Question: Who notified the type of Municipalities in a state?

According to Article 243 Q, a transitional area, a smaller urban area or a larger urban area means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Pmcqs">MCQs

Question: What is the Twelfth Schedule?

The provisions of the 12th Schedule of the Indian Constitution outline the powers, authorities, and duties of municipalities. The 74th Amendment Act of 1992 created this schedule. It includes 18 topics.

Question: What is the Balwant Rai Mehta Committee?

The Balwant Rai Mehta Committee was established by the Government of India on January 16, 1957, to investigate the operations of the Community Development Programme and the National Extension Service and to recommend improvements.

Question: What are the Three Types of Municipalities mentioned in the 74th Constitutional Amendment Act?

Question: What is Article 244?

The management of scheduled regions and tribal areas is addressed under Article 244 of the Indian Constitution. The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam, Meghalaya, Tripura and Mizoram. The provisions of the Sixth Schedule must apply to the administration of tribal territories in Assam, Meghalaya, Tripura, and Mizoram.

Question: What is the L.M.Singhvi Committee?

The committee was formed in 1986 by the Government of India with the primary goal of recommending actions to revitalise the Panchayati Raj institutions for democracy and development.

Question: A college student desires to get elected to the Municipal Council of his city. The validity of his nomination would depend on the important condition, among others, that: [UPSC 2000]

(a) he obtains permission from the principal of his college

(b) he is a member of a political party

(c) his name figures in the voters’ list

(d) he files a declaration owing allegiance to the Constitution of India

Answer: (c) See the explanation

• The main condition to choose for the legitimacy of nomination of a College student, who tries to be chosen for the Municipal Council of his/her City is that the name of the understudy should figure in the Voter list.
• Therefore, option (c) is correct.

Question: In India, the first Municipal Corporation was set up in which one among the following? [2009]

(a) Calcutta

Answer: (b) See the explanation

• The first municipal corporation was set up in India in 1687 at Madras preceding the Bombay and Delhi municipal corporations.
• Therefore, option (b) is correct.

Question: The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to (UPSC 2015)

(a) protect the interests of Scheduled Tribes

(b) determine the boundaries between States

(c) determine the powers, authority and responsibilities of Panchayats

(d) protect the interests of all the border States

Answer: (a) See the explanation

• Except for Assam, Meghalaya, Tripura, and Mizoram, the Fifth Schedule of the Constitution deals with the administration and control of scheduled regions and scheduled tribes in any state.
• The Sixth Schedule of the Constitution, on the other hand, deals with the governance of tribal territories in the four northeastern states of Assam, Meghalaya, Tripura, and Mizoram.
• It safeguards the interests of Schedule tribes. Hence option 1 is correct.
• Therefore option (a) is the correct answer.

Question: Which Schedule of the Constitution of India contains special provisions for the administration and control of Scheduled Areas in several States? (UPSC 2008)

(c) Seventh

• The fifth Schedule to the Indian Constitution provides unique provisions for the administration and management of scheduled territories in certain states.
• Scheduled Areas are defined in the Fifth Schedule under Article 244(1) of the Constitution.
• Article 244 (1) of the Indian Constitution defines Scheduled Territories as the areas established by the President of India that are included in the fifth schedule of the Constitution.
• Scheduled Areas are defined as areas declared by the President by order following consultation with the Governor of that state.
• This schedule includes measures for the administration and management of Scheduled and Tribal Areas in any state except Assam, Meghalaya, Tripura, and Mizoram.
• Therefore option (b) is the correct answer.

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Abhiyan store, abhiyan pedia, ‘urban local government’. 74th constitutional amendment act of 1992.

• Ministry of Housing and Urban Affairs – For States
• Ministry of Defence – For cantonment boards
• Ministry of Home Affairs – For Union Territories

Historical Perspective of Municipalities

• First municipal corporation in India – At  Madras
• Bombay and Calcutta Municipal corporations – In 1726
• Lord Mayo’s Resolution of 1870  – on financial decentralization visualized the development of local self-government institutions.
• Lord Ripon’s Resolution of 1882  – ‘ Magna Carta’  of local self-government. Ripon father of local-self-government in India.
• Royal Commission on decentralization in 1907 . Its chairman was Hob-house.
• Government of India Act of 1919  – Under the dyarchical scheme, local self-government became a transferred subject under the charge of a responsible Indian minister.
• Cantonments Act was passed – In 1924.
• Government of India Act of 1935  – Under the provincial autonomy scheme, local self-government was declared a provincial subject.

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.

Three Types of Municipalities –

• A nagar panchayat for a transitional area.
• A municipal council for a smaller urban area.
• A municipal corporation for a larger urban area.

The  governor has to specify  a transitional area, a smaller urban area or a larger urban area.

• Composition 243R – All the members of a municipality shall be elected directly by the people of the municipal area through territorial constituencies to be known as wards.
• Election of the chairperson of a municipality – As state legislature may determine.
• Special Representation – persons having special knowledge or experience in municipal administration without the right to vote in the meetings of municipality; members of Lok Sabha, Rajya Sabha; state legislative assembly, state legislative council.
• Wards Committees 243S – Consisting of one or more wards having population of  three lakh or more.  Composition and the territorial area of a wards committee may determine by state legislature.
• SC and ST  – in proportionate to their population.
• Women – Not less than  one-third of the total number of seats to be reserved for women, further not less than one-third of the total number of offices for chairperson at all levels of the panchayat to be reserved for women.
• State legislatures may make provisions to decide on the reservation of seats in favour of  backward classes.
• Duration of Municipalities 243U – Provides for a  five-year term  of office for every municipality. However, it can be dissolved before the completion of its term.
• Further, the fresh elections to constitute a municipality shall be completed  (a) before the expiry of its duration of five years; or  (b)  in case of dissolution, before the expiry of a period of six months from the date of its dissolution.
• NOTE – Where the remainder of the period (for which the dissolved municipality would have continued) is less than six months, it  shall not be necessary to hold any election  for constituting the new municipality for such period.
• Moreover, municipality reconstituted after premature dissolution  does not enjoy the full period of five years but remains in office  only for the remainder of the period.
• Disqualifications 243V – 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.
• All questions of disqualifications shall be referred to such authority as the state legislature determines.
• 21 years to be the minimum age for contesting elections to panchayats.
• State Election Commission for each state  – The superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the municipalities shall be vested in the state election commission.
• SEC conducts elections for Panchayats and Municipalities.
• The state legislature may make provision with respect to all matters relating to elections to the municipalities.
• Powers and Functions 243W – The state legislature may endow the municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government.
• Preparation of plans for economic development and social justice;
• Implementation of schemes for economic development and social justice as may be entrusted to them, including those in relation to the eighteen matters listed in the Twelfth Schedule.
• Finances – The state legislature may-
• authorise a municipality to levy, collect and appropriate taxes, duties, tolls and fees;
• assign to a municipality taxes, duties, tolls and fees levied and collected by state government;
• 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.
• Finance Commission 243Y – The finance commission (which is constituted for the panchayats) shall also, for  every five years , review the financial position of municipalities and make recommendation to the governor who shall place it before the state legislature.
• The central finance commission shall also suggest the measures needed to augment the consolidated fund of a state to supplement the resources of the municipalities in the state (on the basis of the recommendations made by the finance commission of the state).
• Audit of Accounts 243Z–  The state legislature may make provisions with respect to the maintenance of accounts by municipalities and the auditing of such accounts.
• Application to Union Territories 243ZB – Provisions of this part are applicable to the Union territories. But, the  President may direct  that they would apply to a Union territory subject to such exceptions and modifications as he may specify.
• Exempted Areas 243ZC – Scheduled areas and tribal areas in the states. It shall also not affect the functions and powers of the Darjeeling Gorkha Hill Council of the West Bengal.
• District Planning Committee 243ZD – Every state shall constitute at the district level 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.
• State legislature may make provisions with respect composition, functions, manner of election of members and chairpersons such committees.
• Four-fifths of the members of DPC should be elected by the elected members of the district panchayat and municipalities in the district from amongst themselves.
• The  chairperson  of such committee shall forward the development plan to the state government.
• Metropolitan Planning Committee for every metropolitan area   243ZE – To prepare a draft development plan.
• Two-thirds of the members  of MPC should be elected by the elected members of the municipalities and chairpersons of the panchayats in the metropolitan area from amongst themselves.
• Bar to Interference by Courts in Electoral Matters   243 ZG – It declares that the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies  cannot be questioned in any court.
• No  election to any municipality is to be questioned  except  by an election petition presented to such authority and in such manner  as provided by the state legislature.

Types of Urban Government

• Municipality :
• For administration of towns and smaller cities.
• Known as municipal council, municipal committee, municipal board, borough municipality, city municipality.
• Unlike Municipal corporation, head of council is called President /chairman and in place of commissioner they have a chief executive officer/chief municipal officer.
• Notified Area Committee:
• C reated for the administration of fast developing town and a town which does not yet fulfil all the conditions necessary for the constitution of a municipality,
• Created by a notification and unlike the municipality.
• An entirely nominated body, by the state government.
• Neither a statutory body nor an elected body.
• Town Area Committee:
• Set up by a separate act of state legislature for small town.
• Semi-municipal authority entrusted with limited civic functions.
• May be wholly elected or wholly nominated or partly elected and partly nominated as provided by state government.
• Cantonment Board:
• Municipal administration for civilian population in the cantonment areas.
• Set up under the provisions of the  Cantonment Act, 2006  by  central government.
• Under ambit of  Defence ministry  of central government. It is
• partly elected and partly nominated
• Ex-officio President  –  Military officer  commanding the station.
• Vice president  – Elected amongst by the elected members of board.
• Executive officer –  Appointed by the President of India.
• Established by public enterprises to provide civic amenities to its staff and worker.
• It is not an elected body and all members are appointed by the enterprise
• Port Trust:
• Consists of both elected and nominated
• To manage and protect the ports and to provide civic amenities.
• Created by an  Act of Parliament.
• Special Purpose Agency:
• To undertake designated activities or specific functions.
• These are function based, not area based.
• Known as ‘single purpose’, ‘uni-purpose’ or ‘special purpose’ or ‘functional local bodies’. E.g. Delhi Metro Rail Corporation.
• Established as statutory bodies by an  act of state legislature  or as departments by an executive resolution.
• Function as an autonomous body and are not subordinate agencies to local municipal bodies.
• NOTE – ULBs do not exist in  Arunachal Pradesh.
• Metropolitan area  – An area in the country where population is above 10 Lakh. (Article 243P)
• Presently (as of 2019) there are a total of ten tribal areas (autonomous districts) in the four states of Assam (3), Meghalaya (3), Tripura (1) and Mizoram (3). 6th schedule deals with administration of tribal areas in above four states.

Central Council of Local Government

• Set up in 1954. It was constituted under  Article 263  (Inter-state council) of the Constitution of India by an order of the President of India as an  advisory body.
• Chairperson  – Union minister for Urban Development
• It consists of the Minister in the Government of India and the ministers for local self-government in states.

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30th Anniversary of the 73rd and 74th Amendments

• 14 Mar 2023
• GS Paper - 2
• Local Self Governance
• Co-operative Federalism

For Prelims: 73 rd and 74 th Amendment, 11 th Schedule of the Constitution, Distribution of power, 2 nd ARC.

For Mains: Status of Democratic Decentralisation in India, Challenges Related to Decentralisation in India.

Why in News? ‘

The year 2023 marks the 30 th anniversary of the 73 rd and 74 th Amendment to the Indian Constitution. But still India’s local government requires many technical, administrative and financial fixes.

What are the 73 rd and 74 th Constitutional Amendments?

• Panchayati Raj Institution was constitutionalized through the 73 rd Constitutional Amendment Act, 1992.
• This act has added a new Part-IX to the Constitution of India and consists of provisions from Articles 243 to 243 O.
• In addition, the act has also added a new 11 th Schedule to the Constitution and contains 29 functional items of the panchayats.
• Urban local governments were constitutionalized through the 74 th Amendment Act during the regime of P.V. Narsimha Rao's government in 1992. It came into force on 1st June 1993.
• It added Part IX -A and consists of provisions from Articles 243-P to 243-ZG.
• In addition, the act also added the 12 th Schedule to the Constitution. It contains 18 functional items of Municipalities.

What is the Status of Democratic Decentralisation in India?

• This has led to greater participation of citizens in governance and decision-making processes.
• Local governments are more directly accountable to citizens, and decision-making processes are more transparent and open to public scrutiny.
• This has led to more inclusive policies that address the needs and interests of all citizens, regardless of their social, economic, or cultural background.
• Some states and regions have been more successful in implementing decentralisation than others, which has led to uneven development outcomes.
• In most cases, the Municipal Commissioner, appointed by the State Government has all the powers and the elected Mayor ends up performing the role of the subordinate.
• While some have their own building, they lack basic facilities such as toilets, drinking water, and electricity.
• Although Panchayats have internet connections, they are not always functional. Panchayat officials have to visit Block Development offices for any data entry purposes, which delays the work.

Way Forward

• This can be done by revising laws, regulations and procedures that constrain the functioning of local governments
• This can be achieved through training programs, exchange visits and mentoring.
• Community participation can be enhanced through awareness campaigns, public meetings and consultations.

UPSC Civil Services Examination, Previous Year Questions (PYQ)

Q1. Local self-government can be best explained as an exercise in (2017)

(a) Federalism (b) Democratic decentralisation (c) Administrative delegation (d) Direct democracy

Q2. The fundamental object of the Panchayati Raj system is to ensure which among the following? (2015)

• People’s participation in development
• Political accountability
• Democratic decentralisation
• Financial mobilisation

Select the correct answer using the code given below

(a) 1, 2 and 3 only (b) 2 and 4 only (c) 1 and 3 only (d) 1, 2, 3 and 4

Q1. Assess the importance of the Panchayat system in India as a part of local government. Apart from government grants, what sources can the Panchayats look out for financing developmental projects? (2018)

Q2. To what extent, in your opinion, has the decentralisation of power in India changed the governance landscape at the grassroots? (2022)

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The Constitution (Seventy-fourth Amendment) Act, 1992

Statement of Objects and Reasons appended to the Constitution (Seventy-third Amendment) Bill, 1991 which was enacted as the Constitution (Seventy-fourth Amendment) Act, 1992

STATEMENT OF OBJECTS AND REASONS

In many States local bodies have become weak and ineffective on account of a variety of reasons, including the failure to hold regular elections, prolonged supersession and inadequate devolution of powers and functions. As a result, Urban Local Bodies are not able to perform effectively as vibrant democratic units of self-government.

2. Having regard to these inadequacies, it is considered necessary that provisions relating to Urban Local Bodies are incorporated in the Constitution particularly for-

(i) putting on a firmer footing the relationship between the State Government and the Urban Local Bodies with respect to-

(a) the functions and taxation powers; and

(b) arrangements for revenue sharing;

(ii) Ensuring regular conduct of elections;

(iii) ensuring timely elections in the case of supersession; and

(iv) providing adequate representation for the weaker sections like Scheduled Castes, Scheduled Tribes and women.

3. Accordingly, it is proposed to add a new part relating to the Urban Local Bodies in the Constitution to provide for-

(a) constitution of three types of Municipalities:

(i) Nagar Panchayats for areas in transition from a rural area to urban area;

(ii) Municipal Councils for smaller urban areas;

(iii) Municipal Corporations for larger urban areas.

The broad criteria for specifying the said areas is being provided in the proposed article 243-0;

(b) composition of Municipalities, which will be decided by the Legislature of a State, having the following features:

(i) persons to be chosen by direct election;

(ii) representation of Chairpersons of Committees, if any, at ward or other levels in the Municipalities;

(iii) representation of persons having special knowledge or experience of Municipal Administration in Municipalities (without voting rights);

(c) election of Chairpersons of a Municipality in the manner specified in the State law;

(d) constitution of Committees at ward level or other level or levels within the territorial area of a Municipality as may be provided in the State law;

(e) reservation of seats in every Municipality-

(i) for Scheduled Castes and Scheduled Tribes in proportion to their population of which not less than one-third shall be for women;

(ii) for women which shall not less than one-third of the total number of seats;

(iii) in favour of backward class of citizens if so provided by the Legislature of the State;

(iv) for Scheduled Castes, Scheduled Tribes and women in the office of Chairpersons as may be specified in the State law;

(f) fixed tenure of 5 years for the Municipality and re-election within six months of end of tenure. If a Municipality is dissolved before expiration of its duration, elections to be held within a period of six months of its dissolution;

(g) devolution by the State Legislature of powers and responsibilities upon the Municipalities with respect to preparation of plans for economic development and social justice, and for the implementation of development schemes as may be required to enable them to function as institutions of self-government;

(h) levy of taxes and duties by Municipalities, assigning of such taxes and duties to Municipalities by State Governments and for making grants-in-aid by the State to the Municipalities as may be provided in the State law;

(i) a Finance Commission to review the finances of the Municipalities and to recommend principles for-

(1) determining the taxes which may be assigned to the Municipalities;

(2) Sharing of taxes between the State and Municipalities;

(3) grants-in-aid to the Municipalities from the Consolidated Fund of the State;

(j) audit of accounts of the Municipal Corporations by the Comptroller and Auditor-General of India and laying of reports before the Legislature of the State and the Municipal Corporation concerned;

(k) making of law by a State Legislature with respect to elections to the Municipalities to be conducted under the superintendence, direction and control of the chief electoral officer of the State;

(l) application of the provisions of the Bill to any Union territory or part thereof with such modifications as may be specified by the President;

(m) exempting Scheduled areas referred to in clause (1), and tribal areas referred to in clause (2), of article 244, from the application of the provisions of the Bill. Extension of provisions of the Bill to such areas may be done by Parliament by law;

(n) disqualifications for membership of a Municipality;

(o) bar of jurisdiction of Courts in matters relating to elections to the Municipalities.

4. The Bill seeks to achieve the aforesaid objectives.

NEW DELHI; SHEILA KAUL.

The 11th September, 1991.

THE CONSTITUTION (SEVENTY-FOURTH AMENDMENT) ACT, 1992

[20th April, 1993.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-third Year of the Republic of India as follows:-

1. Short title and commencement.-(1) This Act may be called the Constitution (Seventy-fourth Amendment) Act, 1992.

(2) It shall come into force on such date_681 as the Central Government may, by notification in the Official Gazette, appoint.

2. Insertion of new Part IXA.-After Part IX of the Constitution, the following Part shall be inserted, namely:-

THE MUNICIPALITIES

243P. Definitions.-In this Part, unless the context otherwise requires,-

(a) "Committee" means a Committee constituted under article 243S;

(b) "district" means a district in a State;

(c) "Metropolitan area" means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be a Metropolitan area for the purposes of this Part;

(d) "Municipal area" means the territorial area of a Municipality as is notified by the Governor;

(e) "Municipality" means an institution of self-government constituted under article 243Q;

(f) "Panchayat" means a Panchayat constituted under article 243B;

(g) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published.

243Q. Constitution of Municipalities.-(1) There shall be constituted in every State,-

(a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area;

(b) a Municipal Council for a smaller urban area; and

(c) a Municipal Corporation for a larger urban area,

in accordance with the provisions of this Part:

Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify to be an industrial township.

(2) In this article, "a transitional area", "a smaller urban area" or "a larger urban area" means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Part.

243R. Composition of Municipalities.- (1) Save as provided in clause (2), all the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards.

(2) The Legislature of a State may, by law, provide-

(a) for the representation in a Municipality of-

(i) persons having special knowledge or experience in Municipal administration;

(ii) the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal area;

(iii) the members of the Council of States and the members of the Legislative Council of the State registered as electors within the Municipal area;

(iv) the Chairpersons of the Committees constituted under clause (5) of article 243S:

Provided that the persons referred to in paragraph (i) shall not have the right to vote in the meetings of the Municipality;

(b) the manner of election of the Chairperson of a Municipality.

243S. 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 area of a Wards Committee;

(b) the manner in which the seats in a Wards Committee shall be filled.

(3) A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee.

(4) Where a Wards Committee consists of-

(a) one ward, the member representing that ward in the Municipality; or

(b) 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.

(5) Nothing in this article shall be deemed to prevent the Legislature of a State from making any provision for the constitution of Committees in addition to the Wards Committees.

243T. Reservation of seats.-(1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipally and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality.

(2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.

(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality.

(4) The officers of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide.

(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334.

(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens.

243U. Duration of Municipalities, etc.-(1) Every Municipality, 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:

Provided that a Municipality shall be given a reasonable opportunity of being heard before its dissolution.

(2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Municipality at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1).

(3) An election to constitute a Municipality shall be completed,-

(a) before the expiry of its duration specified in clause (1);

(b) before the expiration of a period of six months from the date of its dissolution:

Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Municipality for such period.

(4) A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under clause (1) had it not been so dissolved.

243V. Disqualifications for membership.-(1) A person shall be disqualified for being chosen as, and for being, a member of a Municipality-

(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned:

Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;

(b) if he is so disqualified by or under any law made by the Legislature of the State.

(2) If any question arises as to whether a member of a Municipality has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide.

243W. Powers, authority and responsibilities of Municipalities, etc.- Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow-

(a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to-

(i) the preparation of plans for economic development and social justice;

(ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule;

(b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule.

243X. Power to impose taxes by, and Funds of, the Municipalities.-The Legislature of a State may, by law,-

(a) authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;

(b) assign to a Municipality such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits;

(c) provide for making such grants-in-aid to the Municipalities from the Consolidated Fund of the State; and

(d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Municipalities and also for the withdrawal of such moneys therefrom.

as may be specified in the law.

243Y. Finance Commission.-(1) The Finance Commission constituted under article 243-I shall also review the financial position of the Municipalities and make recommendations to the Governor as to-

(a) the principles which should govern-

(i) the distribution between the State and the Municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Municipalities at all levels of their respective shares of such proceeds;

(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Municipalities;

(iii) the grants-in-aid to the Municipalities from the Consolidated Fund of the State;

(b) the measures needed to improve the financial position of the Municipalities;

(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Municipalities.

(2) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.

243Z. Audit of accounts of Municipalities.-The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Municipalities and the auditing of such accounts.

243ZA. Elections to the Municipalities.-(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission referred to in article 243K.

(2) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Municipalities.

243ZB. Application to Union territories.-The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under article 239 and references to the Legislature or the Legislative Assembly of a State were references in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly:

Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.

243ZC. Part not to apply to certain areas.-(1) Nothing in this Part shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas referred to in clause (2), of article 244.

(2) Nothing in this Part shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under any law for the time being in force for the hill areas of the district of Darjeeling in the State of West Bengal.

(3) Notwithstanding anything in this Constitution, Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the tribal areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.

243ZD. Committee for district planning.-(1) There shall be constituted in every State at the district level a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalitiies in the district and to prepare a draft development plan for the district as a whole.

(a) the composition of the District Planning Committees;

(b) the manner in which the seats in such Committees shall be filled:

Provided that not less than four-fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district;

(c) the functions relating to district planning which may be assigned to such Committees;

(d) the manner in which the Chairpersons of such Committees shall be chosen.

(3) Every District Planning Committee shall, in preparing the draft development plan,-

(a) have regard to-

(i) matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;

(ii) the extent and type of available resources whether financial or otherwise;

(b) consult such institutions and organisations as the Governor may, by order, specify.

(4) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.

243ZE. Committee for Metropolitan planning.-(I) There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.

(a) the composition of the Metropolitan Planning Committees;

Provided that not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area;

(c) the representation in such Committees of the Government of India and the Government of the State and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such Committees;

(d) the functions relating to planning and coordination for the Metropolitan area which may be assigned to such Committees;

(e) the manner in which the Chairpersons of such Committees shall be chosen.

(3) Every Metropolitan Planning Committee shall, in preparing the draft development plan,-

(i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area;

(ii) matters of common interest between the Municipalities and the Panchayats, including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;

(iii) the overall objectives and priorities set by the Government of India and the Government of the State;

(iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government of the State and other available resources whether financial or otherwise;

(4) The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.

243ZF. Continuance of existing laws and Municipalities.- Notwithstanding anything in this Part, any provision of any law relating to Municipalities in force in a State immediately before the commencement of THE CONSTITUTION (Seventy-fourth 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 or other competent authority or until the expiration of one year from such commencement, whichever is earlier:

Provided that all the Municipalities 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.

243ZG. 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 243ZA shall not be called in question in any court;

(b) no election to any Municipality 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.'.

3. Amendment of article 280.- In clause (3) of article 280 of the Constitution, sub-clause (c) shall be relettered as sub-clause (d) and before sub-clause (d) as so relettered, the following sub-clause shall be inserted, namely:-

"(c) the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Municipalities in the State on the basis of the recommendations made by the Finance Commission of the State;".

4. Addition of Twelfth Schedule.-After the Eleventh Schedule to the Constitution, the following Schedule shall be added, namely:-

"TWELFTH SCHEDULE

(Article 243W)

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 upgradation.

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, cremation grounds and electric crematoriums.

15. Cattle pounds; 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.''.

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.

74th Constitutional Amendment Act,1992

Part IX-A has been added to the Constitution by the Constitution Seventy fourth Amendment) Act, 1992. It has inserted 18 new Articles and Twelfth Schedule relating to urban local bodies. It provides setting up of three types of Municipal Corporations. Explaining the purpose behind the introduction of Part IX-A in the Constitution, the Apex Court in Bondu Ramaswamy v. Bangalore Development Authority, ” said: The Constitution (Seventy-fourth Amendment) Act, 1992 seeks to strengthen the system of municipalities in urban areas, by placing these self-Governments on sound and effective footing and provide measures for regular and fair conduct of elections.

Constitution of Municipalities (Article 243-Q)

Article 243-Q(1) provides for the establishment of the following types of Municipalities in every State-

• A Municipal Council for a smaller urban area.
• A Municipal Corporation for a larger urban area.

Clause (2) provides that in Article 243Q, “a transitional area”, or ” smaller urban area” or “a larger urban area” means such area as the Govern may, having regard to the population of the area, the density of the population, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by Public Notification for the purpose of this Part.

Composition Of Municipalities ( Article 243-R)

Article 243R says that, all Municipalities shall be filled by persons chosen by direct election from territorial constituencies in the Municipal area and for this purpose each municipal area shall be divided into territorial constituencies known as wards.

Clause 2 of Article 243R empowers the Legislature of a State to law, for the representation in a Municipality of the following:

• Persons having special knowledge or experience in Municipal administration.
• The members of the Lok Sabha and of the Legislative Assembly of the State representing the constituencies which comprise wholly or partly the Municipal area.
• The members of the Rajya Sabha and of the Legislative Council of the State registered as electors within the Municipal area
• The Chairpersons of the Committees constituted under Clause (5) of Article 243S
• However, the persons referred to in paragraph (i) above shall not have right to vote in the meetings of the Municipality.
• The State Legislature may also provide, by law, the manner of election Chairperson of a Municipality.

Constitution and Composition of Wards Committees (Article 243-S):

Article 243S (1) provides for the constitution of Wards Committees within the territorial area of a Municipality having a population of 3 lakhs or more. The Wards Committee may consist of one or more Wards. The Legislature of a State may, by law, make provision with respect.

• The composition and the territorial area of a Wards Committee
• The manner in which the seats in a Wards Committee shall be filled

Reservation of Seats (Article 243-T):

• Article 243T (1) provides for the reservation of seats in Municipality for the Scheduled Castes, and the Scheduled Tribes in the same proportion as the population of the SCs and STs in the Municipal area bears to the total population of that area. Such seats may be allotted by rotation to different constituencies in a Municipality.
• Of the total seats reserved under Clause (1) above, not less than one-third shall be reserved for Women belonging to the SCs and STs, as the case may be.
• Of the total seats (including the seats reserved for Women belonging SCS & STs) to be filled by direct election in every Municipality.
• Clause(3) of Article 243-T requires that not less than one-third shall be reserved for women and such seats may be allotted by rotation to different constituencies.
• Clause (4) of Article 243-T provides that the offices of Chairpersons in the Municipalities shall be reserved for the SCs & STs and women in manner as the Legislature of a State may, by law, provide.
• Clause (6) empowers the Legislature of a State to make provisions for the reservation of seats, as well as, the offices of Chairpersons in the Municipalities in favour of backward class of citizens.

Duration Of Municipalities (Article 243-U):

• According to Article 243-U (1), every Municipality, unless sooner dissolved under any law for the time being in force, shall continue for 5 years from the date appointed for its first meeting and no longer.
• Clause (2) of Article 243-U further provided that no amendment of any law for the time being in force, shall have the effect of causing dissolution of a Municipality at any level, which is functioning immediately before such amendment, till the expiration of its duration of five years.
• Clause (3) of Article 243-U provides that an election to constitute Municipality shall be completed-
• Before the expiry of its duration of 5 years.
• Before the expiration of a period of six months from the date of its dissolution.

In case of a dissolved Municipality, if the remainder of the period for which it would have continued is less than six months, it shall not be necessary to hold any election for constituting that Municipality for such period. A Municipality constituted upon its dissolution shall continue only for the remainder of the period for which the dissolved Municipality would have continued had it not been so dissolved.

Disqualifications for Membership (Article 243-V)

According to Clause (1) of Article 243-V, a person shall be disqualified for being chosen as, and for being, a member of a Municipality:

• If he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned. 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.
• If he is so disqualified by or under any law made by the Legislature of the State.

Any question as to whether a member of a Municipality has become subject to any of the disqualifications mentioned above the question shall be referred for the decision of such authority and in such manner as the legislature of a State may, by law, provide.

Power, Authorities and Responsibilities (Article 243W)

It provides that the Legislature of a State, subject to the Constitution, may by law endow:

the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self government.

Power to Impose Taxes, etc. (Article 243-X)

Article 243-X provides that the Legislature of a State may, by law;

• Authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits.
• Assign to Municipality such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits
• Provide for making such grants-in-aid to the Municipalities from the Consolidated Fund of the State
• Provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Municipalities and also for the withdrawal of such moneys there from.

Finance Commission:

Article 243-Y provides that the Finance Commission constituted under Article 243 I shall also review the financial position of the Municipalities and may recommendations to the Governor on all such matters as contained in Article 243 I.

Audit of Accounts of Municipalities (Article 243-Z)

Article 243 Z empowers the Legislature of the State to make provision with respect to the maintenance of accounts by the Municipalities and the auditing of such accounts.

Elections To The Municipalities (Article 243-ZA)

Article 243-ZA envisages that the superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the Municipalities is vested in the State Election Commission (SEC) referred to under Article 243-K (relating to Panchayats). The Legislature of a State may by law, make provisions with respect to all matters relating to, or in connection with, elections to the Municipalities.

Application of Part IX-A to Union Territories (Article 243-ZB) :

Article 243-ZB lays down that the provisions of Part IX-A shall apply to the Union Territories. However, the President may, by public notification, direct that the provisions of Part IX-A shall apply to any Union Territory or part thereof subject to such exceptions and modifications as he may specify in notification.

Exclusion of Application of Part IX-A to certain Areas (Article 243-ZC):

Article 243-ZC lays down that Part IX-A shall not apply to the Scheduled Areas, the Tribal Areas, Darjeeling Gorkha hill council. Clause (3) empowers Parliament to extend, by law, the provisions to Scheduled/Tribal Areas . No such law will be considered as amendment under Article 368.

Committee for District Planning (Article 243-ZD):

Article 243-ZD (1) provides for the constitution of a District Planning at the district level in every State. The main functions of the Committee shall be to consolidate the plansby the Panchayats and the Municipalities in the district and to draft development plan for the district as a whole. The legislature of a State may, by law, make provisions with respect the composition of the District Planning Committee:

• The manner in which the seats in such Committees shall be filled: Provided that not less than four-fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district:
• The functions relating to district planning which may be assigned to such Committee.
• The manner in which Chairpersons of such Committees shall be chosen.

Clause (3) of Article 243-ZD requires that every District Planning shall, in preparing the draft development plan,” have regard to –

• Matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation.
• The extent and type of available resources whether financial or otherwise.
• Consult such institutions and organisations as the Governor may by order specify.

Committee for Metropolitan Planning (Article 243-ZE):

Article 243-ZE (1) provides for the constitution of a Planning Committee (MPC) in every Metropolitan area, to prepare a development plan for the Metropolitan area (MA) as a whole. The Legislature of a State may, by law, make provision with respect to –

• The composition of the MPCs
• The manner in which the seats in such Committees shall be filed Provided that not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the MA in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area
• The representation in such Committees of the Government of India and the Government of the State and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such Committees
• The functions relating to planning and co-ordination for the MA which may be assigned to such Committees.
• The manner in which the Chairpersons of such Committees shall be chosen.

Bar to Interference by Courts (Article 243-ZG):

• Article 243-2G (a) provides for the exclusion of jurisdiction of courts in respect of the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made under Article 243-ZA.
• An election to any Municipality or that of the Chairman of the committee shall not be called in question except by an election petition presented to such authority and in such manner as is provided for by or any law made by the Legislature of a State.

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An Overview of 74th Constitutional Amendment Act

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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Rajya Sabha TV In Depth – 74th Constitutional Amendment

Rajya Sabha TV In Depth – 74 th Constitutional Amendment

Year 2018 marks the 25 th anniversary of the historic 73 rd and 74 th amendments to the Constitution of India that conferred constitutional status to local self governments in rural and urban areas and strengthened democracy at grass root levels . Prior to these amendments only states were recognized as sub-national entities while Union, State and Concurrent lists identified the domains of governance, policy making and legislation.

• DEMOCRACY means that every person has a right to raise issues related to development of their region. Decentralization of power and local self government are crucial in this direction.
• Municipal Governance in India has existed since 1687 (Madras Municipal Corporation) and later in 1726 (Calcutta and Bombay Municipal Corporation). During rule of British in India, Lord Ripon passed a resolution of Local Self Government.
• The demands for participation of local residents living within villages and towns in decision making has been raised since India gained independence in 1947.
• AMENDMENTS: To address the social, economic and political problems of the society, an elaborate procedure to amend the Constitution exists under Article 368 that includes three categories:
• First category: Excluded from the purview of Article 368, it requires a simple majority in the Parliament. Example: Delimitation of constituencies.
• Second category: Requires a prescribed ‘special majority’ in the Parliament. Example: Fundamental Rights
• Third category: Requires ratification by ½ of the states by a simple majority in addition to ‘special majority’ of the Parliament. Examples: 73 rd and 74 th amendments, election of the President, etc.
• Thus, originally Indian Constitution had a preamble, 395 articles, 22 parts, 8 schedules and currently it has a preamble, 25 parts, 448 articles, 12 schedules, 5 appendices and 101 amendments . The 101 st amendment, 2016 commenced on 1 July 2017 introduced the Goods and Services Tax.
• Both 73 rd amendment (for panchayats at village level ) and 74 th amendment (for local administration in the urban areas ) are milestones in decentralization of power in India. They increased people’s participation in governance and made third tier of administration (after central and state levels) stronger and more effective.
• Holding local body elections became a constitutional obligation by these amendments.
• 74 th AMENDMENT of 1992: 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 12 th schedule in the Constitution.
• 74 th amendment provided a uniform law for all the municipalities in the nation. They were intended to become independent units of self-governance.
• Article 243-Q: (Constitution of Municipalities)
• Nagar Panchayat: In areas of transition from rural to urban area.
• Municipal Council: For smaller urban areas (Tier-II town and population > 1 lakh).
• Municipal Corporation: For larger urban areas (In general, population > 1 million) like in Guwahati, Patna, etc.
• Article 243R: (Composition of Municipalities) All of its members are directly elected by the people of the Municipal area which is divided into territorial constituencies (wards).
• Article 243W: Powers, authorities and responsibilities of municipalities which includes urban planning, financial and social development, etc.
• Article 243 Y: Constitution of Finance Commission which will recommend in relation to sharing of finances between state and municipality and determine grant in aids.
• Article 243-ZA: State Election Commission (independent of Election Commission of India) conducts election for every Municipal Corporation (term of 5 years).
• 73 rd AMENDMENT of 1992: It came into force on 24 April 1993 adding Part-IX (Articles 243 to 243 O) and 11 th Schedule in the Indian Constitution. It gave a constitutional status to the Panchayati Raj institutions and also a practical shape to Article 40.
• Article 40: Based on Gandhian ideology, this Directive Principles of State Policy requires the state to organize village panchayats and endow them with necessary powers and authority.

TIMELINE OF PANCHAYATI RAJ INSTITUTIONS IN INDIA:

1952: Community development program started.

1957: Balwant Rai Mehta committee recommended a Three-level Panchayati Raj system at local level on a regular basis.

1959: Panchayati Raj system was first adopted in Nagaur district of Rajasthan. 

1977: Ashok Mehta committee recommended a Two-tier system in Panchayati raj system.            But, it could not be implemented.

1985: GVK Rao committee recommended strengthening the Zila Parishads.

1986: LM Singhvi committee recommended strengthening the Gram Sabha, regular elections of Panchayati Raj and constitutional status to them.

1992: 73 rd and 74 th Amendments Acts were passed and implemented in 1993.

Conclusion:

73 rd and 74 th Amendments provided a broad guideline to the states for organizing the governance of urban local bodies and rural bodies.  It ensures regular election, devolution of finances, authority to collect tax and some regular functions to such local bodies. They are a step towards realizing Mahatma Gandhi’s dream of ‘Gram Swaraj’.

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Essay on the The constitution 74th amendment act

With the assumption of power by the National Front Government in December 1989, the provisions of the Constitution 65th Amendment Bill 1989 were reviewed.

A revised Amendment Bill, incorporating the provisions relating to Panchayats as well as municipalities, was introduced in the Lok Sabha in September, 1990. This bill also lapsed on account of dissolution of the then Lok Sabha.

When the Narasimha Rao government took charge in 1991, it introduced a Constitution Amend­ment Bill pertaining to municipalities in the Lok Sabha on 16 September 1991. With a few modifications,

A number of task forces, committees and commissions, appointed by the Government of India, have examined the problem of urban development in India.

ADVERTISEMENTS:

The Task Force on Planning and Development of Small and Medium Towns and Cities (1975), the Study Group on Strategy of Urban Development (1983) and others has made useful recommendations on streamlining urban development in India.

Urban development policy, which needs to be holistic, involves the components of physical planning, socio-economic planning, environment, circulation pattern, local government, financing, and other associated factors.

In August 1988, the Government set up the National Commission on Urbanisation (NCU), reference to which has been made above, under the chairmanship of C.M. Correa, with the purpose of reviewing and analysing the urbanisation process and formulating policies for integrated urban development.

The commission examined several issues and problems relating to urban government. Some of these re­lated to urban management, spatial planning, resource allocation, urban housing, conservation, urban poverty, legal framework, information system etc. Some of the recommendations of the commission are

1. The Ministry of Urban Development is restructured to make it the nodal ministry to deal with urbanisation.

2. A National Urbanization Council (NUC) is set up to formulate urbanisation policies and monitor and evaluate the implementation of policies.

3. An Indian Council for Citizens’ Action (ICCA) is created to encourage citizens through organized voluntary effort.

4. Every town, with a population of more than 50,000, be provided with an urban community develop­ment department, through which development programmes be implemented.

It’s “New Deal for the Urban Poor”, incorporating 13 points for action, is worthy of consideration. Besides, it gave a large number of recommendations on the efficient administration of urban areas.

The year 1985 proved to be a landmark year as, during that year, the Ministry of Urban Development was set up at the Union level. To begin with, it was under the Ministry of Health.

In 1966, a part of urban government, viz., urban development was shifted to the Ministry of Works and Housing which was later renamed the Ministry of Works, Housing and Urban Development. In 1967, urban development was again shifted to the Ministry of Planning, Works, and Housing and Urban Development. Much later, in 1985, a separate Ministry of Urban Development was set up.

The constitution 65th amendment bill, 1989

The Constitution 65th Amendment Bill brought by the then Prime Minister, Rajiv Gandhi, sought to ensure municipal bodies being vested with necessary powers and removing their financial constraints to enable them to function effectively as units of local government.

Three types of Nagar Palikas were envisaged; Nagar panchayat for a population between 10,000 and 20,000; municipal council for urban areas with a population between 20,000 and 3, 00,000 and municipal corporation for urban areas with a population exceeding 3, 00,000.

It made provisions for elected Ward Committees, adequate representa­tion for women and SC/ST in the urban bodies, conduct of elections by the Central Election Commis­sion, setting up Finance Commissions in the states to ensure soundness of local body finances, audit of accounts by the Comptroller and Auditor General of India and creation of district level committees to co­ordinate the plans of Nagar Palikas and Panchayats.

It also envisaged granting of urban bodies with a constitutional status. Though passed in the Lok Sabha, the bill was defeated in the Rajya Sabha in October 1989.

The constitution 74th amendment act

A revised Amendment Bill, incorporating the provisions relating to Panchayats as well as municipalities, was introduced in the Lok Sabha in September, 1990. This bail also lapsed on account of dissolution of the then Lok Sabha.

When the Narasimha Rao government took charge in 1991, it introduced a Constitution Amend­ment Bill pertaining to municipalities in the Lok Sabha on 16 September 1991. With a few modifications, it was essentially based on the 65th Amendment Bill. It was passed by both the Houses in December 1992.

The bill has since been ratified by a resolution of at least half the number of state legislatures. It received the assent of the President on 20 April 1993 and was published in the gazette on the same day as the Constitution 74th Amendment Act, 1992.

The 74th Constitutional Amendment Act (CAA) was passed in 1992 to accord formal recognition to ULBs in the Constitution and make them more autonomous and participatory.

It provided powers to ULBs to function as ‘independent institutions of self-government’ and directed states to devolve specific (18) functions to ULBs under Schedule XII (Annex C). ULBs were also empowered to collect taxes and states were required to set up State Finance Commission (SFCs) to review and make recommendations regarding distribution of taxes, revenue-sharing, grant-in-aid system, issues of local autonomy between the state and ULBs.

This amendment also provided for having an elected council for each ULB (with reservation for women); constitution of ward committees; creation of a district/ metropolitan planning committee and establishment of funds at the ULB level to handle receipts and disbursements.

Although most states have amended their municipal laws in accordance with the CAA, the extent of devolution / decentralization to ULBs has been uneven across the states.

The Act introduces a new part, namely, Part IXA, in the Constitution. This part deal with issues relating to municipalities such as their structure and composition, reservation of seats, elections, powers and functions, finances, and some miscellaneous provisions.

The 74th Amendment Act thus gives a constitutional status to the municipalities. The provisions of the Act apply to the states as well as the union territories. However, in relation to the latter, the President can make certain reservations and modifications.

The provisions do not apply to the Scheduled Areas and Tribal Areas governed by Article 244(1) and (2) of the Constitution. All elected bodies in municipalities existing immediately before the commencement of the Act, shall continue till the expiry of their elected duration, unless they are dissolved earlier by the state legislature.

In order to provide time to allow changes to be made in the existing laws, which are inconsistent with the provisions of the 74th Amendment Act, a transition period of one year was allowed.

The 74th Amendment provides for the constitution of District Planning Committee – which is to prepare the draft development plan for the whole district, including both rural and urban areas. Where there are DPC, they have tended to be rather unwieldy – as its composition comprises a very large number of people.

Absence of Autonomy: At the dis­trict, there is little autonomy for plan­ning as national and state plans have to be accommodated. Many of the schemes are centrally funded (IRDP, ICDS, Drinking Water supply, etc.) – and the norms and targets are more or less defined.

There is room at best for slight adjustments. As such, for district plan to be meaningful there has to be a District list. If there is such a list, plan­ning pertaining to these items at the district level can become functional.

The evolutionary review over, we now shift to a discussion on the struc­ture and functioning of urban local gov­ernment

Recommendation of the second administrative reforms commission on local bodies

A number of recommendations of the Sixth Report of the Sec­ond Administrative Reforms Commission titled “Local Gover­nance- an Inspiring Journey into the Future” have been ac­cepted by Government of India.

The following recommenda­tions have been accepted by the Government of India: The accounting system for the urban local bodies (ULBs) as provided in the National Municipal Accounts Manual (NMAM) should be adopted by the State Governments.

The financial statements and balance sheet of the urban local bodies should be audited by an Auditor in the man­ner prescribed for audit of Government Companies un­der the Companies Act, 1956 with the difference that in the case of audit of these local bodies, the C&AG should prescribe guidelines for empanelment of the Chartered Accountants and the selection can be made by the State Governments within these guidelines.

The audit to be done by the Local Fund Audit or the C&AG in discharge of their responsibilities would be in addition to such an audit.

The existing arrangement between the C&AG of India and the State Governments with regard to providing Technical Guidance and Supervision (TGS) over maintenance of accounts and audit of PRIs and ULBs should be institutionalized by making provisions in the State Laws governing local bodies.

It should be ensured that the audit and accounting standards and formats for Panchayats are prepared in a way which is simple and comprehensible to the elected representatives of the PRIs.

The right to information act, 2005

This recent Act has far-reaching implication for governance and transparency in public financial management. It requires government bodies to provide any information sought on its operations within a specified time frame.

It also promotes proactive disclosure of certain information by govern­ment bodies. The Act provides for elaborate disclosure requirements, appointment of responsible officers as Central and State Information Commissioners, an independent appeal mechanism and stringent penalties for default.

However, its effective implementation at the local government level remains a challenge due to poor recordkeeping and computerization practices, weak political will as well as the traditional mindset of information scarcity and reluctance to part with ‘official information’ by the government.

Draft urban local government disclosure bill, 2006

This proposed initiative is aimed at providing transparency and accountability in the functioning of the municipalities. As per the draft bill, every municipality shall maintain all its records in a manner and the form which facilitates the municipal authority to disclose the required information at regular intervals to the public.

The manner of disclosure has been defined as through newspapers, internet, notice boards, ward offices, etc. This envisages voluntary sharing of information by the ULBs and is a step forward from the RTI Act.

Urban reform incentive fund (URIF)

In order to accelerate and incentivize the process of urban reforms, the Government of India de­cided to provide reform-linked assistance to states. The 2002-03 budgets called for setting up an Urban Reform Incentive Fund (URIF) with an initial outlay of Rs. 500 crores per annum during the 10th Plan.

URIF was designed to provide incentives to state governments for reforms in state and local govern­ment including repeal of Urban Land Ceiling Act; rationalization of stamp duty; reform of rent control laws; introduction of computerized registration; reform of property tax; levy of user charges; and adop­tion of Double Entry Accounting System (DEAS).

URIF in practice became more allocation-driven than reform-driven. The progress towards the envisaged reforms was extremely slow and one of the prime reasons behind this was stated to be the low levels of incentive to carry out reforms.

Other donor efforts such as City Challenge Fund (CCF) also did not materialize because of similar problems of low levels of incentives. Out of the 24 states that signed Memorandum of Agreement (Moa), only 12 states remained eligible to receive the second installment.

Jawaharlal Nehru national urban renewal mission (JNNURM)

The latest in the realm of urban reforms vehicles in India is the JNNURM. JNNURM is designed to be a reforms-driven, fast track mission for integrated and planned development of 63 identified cities with focus on asset creation and management, efficiency in urban infrastructure and services delivery, community participation and accountability. JNNURM has a central outlay of Rs. 50,000 crore ($11 bil­lion) for a seven year period.

The key to achieving its ambitious objectives includes initiatives for better PFMA in the targeted cities. In fact, the JNNURM requires a tri-partite Moa between the ULB, the State government and the Centre that clearly identifies reforms in areas of PFMA, among others, and a timeline for achieving the same at all levels.

To summarize, there exists a sound policy framework (74th CAA, RTI), reform led nationally sponsored initiatives (JNNURM, NMAM), instances of best practices at state/local level, and increas­ing demand from civil society for transparency and reforms. More progress has been made in the last five years than in the last two decades. However, a lot still needs to be done.

There is a need for greater institutionalization, internal reforms and more visible results especially in the areas of public financial management and accountability. It is this which the current report hopes to address.

Some other provisions of the 74th constitution amendment act

Together with the various forms of urban local government existing at present, the Act also provides for setting up of Nagar Panchayats.

They exist in some states already. A Nagar Panchayat will be constituted for a transitional area. Such an area is basically rural in character, which over a period of time is likely to develop urban characteristics. Hence, this urban local body would have to perform both rural and urban functions.

Each state/UT will have to constitute a State Election Commission (SEC), headed by a State Election Commissioner appointed by the Governor of the state. The superintendence, direction and control of the preparation of the electoral rolls and the conduct of all elections to the Panchayats and municipalities shall be vested in the SEC. Already; several states have appointed such commissions.

In order that the financial position of the municipalities is reviewed periodically, it has been laid down that a State Finance Commission will have to be constituted by the Governor of the state within one year from the commencement of the Constitution 74th Amendment Act, and, thereafter, at the expiry of every five years.

The composition, qualifications and manner of appointment of the members of the SFC will be determined by the state legislature, it will make recommendations which will broadly cover the following areas:

The mandatory reforms and the 74th amendment and JNNURM

(1) Article 243Q of the 74th Amendment whereby Municipalities shall be constituted at three levels all over India, namely, Nagar Panchayats in areas in transition from rural areas to urban areas; Municipal Councils in smaller urban areas, and, Municipal Corporations in larger urban areas

(2) Article 243Q (2) whereby the classification among the above mentioned categories shall be done having regard to –

(i) Population of the area

(ii) Density of the population therein

(iii) The revenue generated for local administration

(iv) The percentage of employment in non-agricultural activities

(v) The economic importance, or

(vi) Such other factors as the Governor may deem fit

(3) Article 243R (1) whereby all the seats in a Municipality shall be filled by persons chosen by direct election, conducted vide Article 243ZA by the State Election Commission, constituted under Article 243K both for Municipalities and Panchayats, from the wards into which each municipal area shall be divided Article 243R (2) provides an option to the State Legislature (i.e. the State Government) to provide representation in a Municipality of –

(i) Persons having special knowledge or experience in municipal – With no voting rights administration

(ii) MPs, MLAs & MLCs, and – With voting rights

(iii) Chairpersons of Committees constituted under clause 5 of article – With voting rights 243S on “Constitution and composition of Wards Committees” or other Committees

Community Participation Law

Also, according to a JNNURM mandate, a Community Participation Law shall be enacted in each State to institutionalize citizen participation in all urban areas through Area Sabhas

(4) Article 243T provides that seats in each Municipality and for Chairpersons thereof, shall be reserved for the Scheduled Castes, the Scheduled Tribes and women, and may be reserved in favour of backward classes of citizens, as per the norms specified therein

(5) Article 243U stipulates that each Municipality shall enjoy a term of 5 years and no more, provided that if a Municipality is dissolved, subject to the conditions as specified, the election to constitute a new Municipality shall be held “before the expiration of a period of six months” from the date of its dissolution

(6) Article 243Y provides that the Finance Commission constituted under Article 243-1 shall also review the financial position of the Municipalities besides that of the Panchayats, and make recommendations to the Governor for the distribution between the State and the Municipalities of the net proceeds of the taxes, duties, tolls and fees livable by the State as also the assignment of, or appropriation of taxes, duties, tolls and fees by the Municipalities, or of the grants-in-aid from the State and on the measures needed to improve the financial position of the Municipalities.

Article 280, as amended, further provides that the (Central) Finance Commission shall have the duty to make recommendations to the President on the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Municipalities in the State on the basis of the recommendations made by the Finance Commission of the State

(7) Articles 243ZD and 243ZE provide that a Committee for District Planning in each District, and a Committee for Metropolitan Planning in every metropolitan area*, shall be set up, subject to the conditions that:

(i) in the case of a District Planning Committee not less than four-fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district.

(ii) in the case of a Committee for Metropolitan Planning, not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area.

Thus, the people’s representatives would, henceforward, have a predominant say in all planning matters. Distribution of income between the state government and municipalities, determination of taxes, duties, tolls and fees to be assigned or appropriated to the municipalities, grants-in-aid to municipalities from the Consolidated Fund of the state, measures needed to improve the financial position of the municipalities, grants-in-aid to municipalities from the Consolidated Fund of the state, and allocation of the shares of such proceeds between the municipalities at all levels in a state.

The Act also provides for setting up of ward committees in order to provide the citizens ready access to their elected representatives. The composition, territorial jurisdiction and the manner in which seats in ward committees shall be filled has been left to the state legislature to be specified by law.

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Highlights of 74th amendment act, 1992 in india.

ADVERTISEMENTS:

This article provides highlights of the 74th Amendment Act 1992 in India.

Introduction:

The constitution 74th Amendment Act 1992, relating to Municipalities (Urban local Government) was passed by the parliament in 1992.

It received the assent of the president of India on 20th April 1993. The Act seeks to provide a common framework for the structure and mandate of urban local bodies to enable them to function as effective democratic units of local Self Government.

Government of India notified 1st June 1993 as the date from which the 74th Amendment Act came into force. The Act provided for a period of one year from the date of its commencement, within which the then existing municipal laws (which were in force at that time In states/union territories) were required to be changed/amended/modified in order to bring them in conformity with the provisions of the constitution (74th Amendment) Act—1992.

The Salient Features of the Constitution (74th Amendment) Act, 1992:

(a) Constitution of Municipalities.

(b) Composition of Municipalities.

(c) Constitution of wards committees.

(d) Reservation of seats.

(e) Fixed duration of Municipalities.

(f) Power, Authority and responsibilities of Municipalities.

(g) Appointment of State Election Commission.

(h) Appointment of State Finance Commission.

(i) Constitution of Metropolitan and District Planning Committees.

Action has been taken by the State/Union Territory Governments to set up State Finance Commission/State Election Commissions. All states set up their Finance Commissions. Most of the State Finance Commissions submitted their report to the concerned State Government.

The concerned states accepted nearly all the recommendations made by their respective finance commissions. All State Governments/Union Territories set up their Election Commissions for conducting elections to urban Local Bodies.

Extension of Provisions of the Constitution (74th Amendment) Act 1992 to Scheduled Areas:

Part IX A of the constitution (i.e. the constitution (74th Amendment) Act 1992) is not applicable to Scheduled Areas referred to in clause (I) of Article 244 of the constitution. However in tomes of Article ‘JA3 Z,Q, (3), the parliament may, by law extend the provisions of I his part to those areas with such exceptions and modifications as may be specified in such law.

In order that the constitution (74th Amendment Act) is also extended to Scheduled Areas, a committee of MPs and experts was constituted by the ministry of Urban Development to examine the Issues and to make recommendations on the salient features of the law for this purpose.

Based on the recommendations of the above committee and after consulting the concerned central ministries and also the State Governments having Scheduled Areas, the ministry n( Urban Development and poverty Alleviation has introduced a Bill namely provisions of the Municipalities (Extension to the Scheduled Areas) Bill, 2001: in the Rajya Sabha on 30th August 2001.

In many states local bodies have become weak and ineffective on account of a variety of reasons, including the failure to hold regular elections, prolonged super-sessions and inadequate devolution of powers and functions. As a result, Urban Local Bodies are not able to perform effectively as vibrant democratic units of self-government.

Having regard to these inadequacies, it is considered necessary that provisions relating to urban local bodies are incorporated in the constitution particularly for:

(i) Putting on a firmer footing the relationship between the state Government and the Urban Local Bodies with respect to:

(a) The function and taxation powers.

(b) Arrangements for revenue sharing.

(c) Ensuring regular conduct of elections.

(d) Ensuring timely elections in the case of supersession.

(e) Providing adequate representation for the weaker sections like scheduled castes, Scheduled Tribes and women.

By 74th Amendment Act 1992, Part IX A was Inserted in the constitution. After defining the municipal area and the municipality, The Amendment Act lays down rules regarding the organisation powers, functions and finances of the institutions of Urban Local Government.

These can be described as follows:

1. Constitution of Municipalities:

1. There shall be constituted in every state:

(a) A Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area.

(b) A municipal council for a smaller urban area.

(c) A municipal corporation for a larger urban area in accordance with the provisions of this part.

2. Composition of Municipalities:

(i) As provided in clause (2) all the seats in a municipality shall be filled by persons chosen by direct election from the territorial constituencies in the municipal areas and for this purpose each municipal area shall be divided into territorial constituencies to be known as wards.

(ii) The Legislature of a state may, by law provide

(a) For the representation in a Municipality of:

(A) Persons having special knowledge or experience in municipal administration.

(B) The members of the Home of people and the members of the Legislative Assembly of the state representing constituencies which comprise wholly or partly the municipal area:

(C) The members of the council of states and the members of the Legislative Council of the state registered as electors within the municipal area.

(D) The chairpersons of the committees constituted under clause (5) of Article 243S: provided that the persons referred to in paragraph (A) shall not have the right to vote in the meetings of the municipality.

(b) The manner of election of the chairperson of a municipality.

Constitution and Composition of Wards C ommittees:

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 area of a ward committee.

(b) The manner in which the seats in a wards committee shall be filled.

3. A member of a municipality representing a ward within the territorial area of the wards committee shall be a member of that committee.

4. Where a wards committee consists of:

(a) One ward, the member representing that ward in the municipality, or 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.

5. Nothing in the article shall be deemed to prevent the Legislative of a state from making any provision for the constitution of committees in addition to the wards committees.

Reservation of Seats :

Seals shall be reserved for the scheduled castes and scheduled tribes in every municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that municipality as the population of the scheduled castes in the municipal area or of the scheduled tribes in the municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a municipality.

Duration of Municipalities :

Every Municipality unless sooner dissolved under any law for (lie time being in force, shall continue for five years from the date appointed for its first meeting and no longer provided that a municipality shall be given a reasonable opportunity of being heard before its dissolution.

Disqualification for Membership :

1. A person shall be disqualified for being chosen as and for being, a member of a municipality:

(a) If he is disqualified by or under any law for the time being in force for the purposes of elections to the legislature of the state concerned provided that no person shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of twenty-one year.

(b) If he is so disqualified by or under any law made by the legislature of the state.

2. If any question arises as to whether a member of a municipality has become subject to any of the disqualification mentioned in clause (i) the question shall be referred for the decision of such authority and in such manner as the legislature of a state may by law provide.

Powers, Authority and Responsibilities of Municipalities :

Subject to the provisions of the constitution, the legislature of state may by law, endow:

(a) The municipalities with such power and authority as may be necessary to enable them to function as Institutions of self-government and such law may contain provision for the devolution of powers and responsibilities upon municipalities, subject to such conditions as may be specified therein, with respect to

(i) The preparation of plans for economic development and social justice.

(ii) The performance of functions and the Implementation of schemes as may be entrusted to them including those in relation to the matter listed in the twelfth schedule.

(b) The committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth schedule.

Power to Impose Taxes by, and Funds of the Municipalities :

The legislature of a state may, by law:

(a) Authorize a municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits.

(b) Assign to a municipality such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits,

(c) Provide for making such grants-in-aid to the municipalities from the consolidated fund of the state and

(d) Provide for constitution of such funds for crediting all money received, respectively, by or on behalf of the municipalities and also for the withdrawal of such money therefrom, as may be specified in the law.

Finance Commission :

1. The Finance Commission constituted under Article 243-1 shall also review the financial position of the municipalities and make recommendations to the Governor.

2. The Governor shall cause every recommendation made by the commission under this Article together with an explanatory memorandum as to the action taken thereon to be laid before the legislature of the state.

Committee for District Planning :

There shall be constituted in every state at the district level a District Planning Committee to consolidate the plans prepared by the panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole.

Committee for Metropolitan Planning :

There shall be constituted in every metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the metropolitan area as a whole.

Every metropolitan planning committee shall, in preparing the draft development plan:

(a) Have regarded to:

(i) The plans prepared by the municipalities and the panchayats, in the metropolitan area.

(ii) Matters of common interest between the municipalities and the panchayats.

(iii) The overall objectives and priorities set by the Government of India find the State Government.

(iv) The extent and nature of investments likely to be made in metropolitan area by agencies of the Government of India and the Government of state and other available resources whether financial or otherwise.

(b) Consult such institutions and organizations as the Governor may by order, specify.

(c) The chairperson of every metropolitan planning committee shall forward the development plan, as recommended by such committee, to the Government of the State.

Twelfth Schedule (Article 243 W) :

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 upgradation.

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, cremation grounds and electric crematoriums.

15. Cattle pounds, prevention of cruelty to animals.

16. Vital statistics including registration of births and deaths.

17. Public amenities including street lighting, parking lots, bus slops and public conveniences.

18. Regulation of slaughter houses and tanneries.

Salient Features of the Municipalities after passing the 74th Amendment Act:

1. Constitution of three types of municipalities:

Constitution of three types of municipalities:

1. Nagar Panchayat

2. Municipal Council

3. Municipal Corporation

Nagar Panchayats are created for a transitional areas (the area which is fast changing from rural to urban area) or for a very small urban areas.

Its tenure is five years.

Municipal councils are created for smaller urban areas.

Municipal corporations are created for larger urban areas.

Its tenure is 5 years.

2. Fixed five year term and continuity of operation for municipalities.

3. Appointment for an election commission in each state for conducting local elections to the institutions of local government.

4. Constitution of metropolitan and district planning committees in each state.

5. Constitution of finance commission for local governments.

6. Provisions for reservation of seats for SCs, STs, OBCs and women.

7. Provision for reservation of seats of public offices for SCs and STs and women.

After the passing of the 74th Amendment Act, all the states of union were to enact/amend their respective municipal acts. This work was accomplished by 1994. The urban local Government institutions in all states were organised in their new forms with effect from 1994.

Although, 74th Amendment of the constitution has granted sufficient autonomy to urban local government and those have been accorded constitutional status, these are not completely free from governmental control. The urban local government institutions work within the limits prescribed by the state Municipal Act which creates and governs them.

Further the state government exercises its control over these bodies in several other ways:

1. Legislative control

2. Financial control

3. Control through Government Officials.

4. Power to dismiss the urban local institutions.

5. Administrative control etc.

The constitution 73rd and 74th Amendment Acts have made a hold attempt to ensure their continuity, stability, representativeness and autonomy to function as valuable systems of self governance.

Related Articles:

• Procedure of Amendment of the Constitution: Method of Amendment
• 74th Amendment of the Constitution of India – Summary

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Amendment of the Constitution: Meaning, Types, Procedure & Limitations

The Constitution of India , as the supreme law of the land , should be responsive to changing needs and situations. The provision for amendment of the Constitution of India under Article 368 accommodates this requirement. This article of Next IAS aims to explain the meaning of the amendment of the Constitution, its procedure, types, significance, limitations, and more.

Meaning of the Amendment of the Constitution

The Amendment of the Constitution refers to the process of making changes such as the addition, variation, or repeal of any provision of the Constitution in accordance with the procedure laid down for the purpose. The purpose of Constitutional Amendments is to ensure that the Constitution remains a living document capable of adapting to changing circumstances while upholding its fundamental principles and values.

Provisions of Amendment of Indian Constitution

The Indian Constitution, being a living document, provides for its amendment. The detailed provisions regarding the Amendment of the Constitution of India are contained in Article 368 in Part XX of the Indian Constitution . These provisions define the process and scope of amending the Constitution.

Various aspects of the Amendment of the Constitution of India are dealt with in detail in the sections that follow.

Procedure for Amendment to the Indian Constitution

• A bill for the amendment of the Constitution can be introduced only in either house of the Parliament, not in the State Legislatures.
• The bill can be introduced either by a minister or by a private member and does not require prior permission of the President.
• The bill must be passed in each House by a Special Majority , that is, a majority (more than 50 percent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting.
• Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for deliberation and passage of the bill.
• If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a Simple Majority , that is, a majority of the members of the House present and voting.
• After duly passed by both Houses of Parliament and ratified by the State Legislatures, where necessary, the bill is presented to the President for his/her assent.
• The President must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration by the Parliament.
• After the President’s assent, the bill becomes an Act (i.e. a Constitutional Amendment Act) , and the Constitution stands amended as per the changes made by the Act.

Types of Amendments in Indian Constitution

• By a Special Majority of Parliament (50% of the total membership of the House + 2/3rd of the members present and voting),
• By a Special Majority of Parliament plus ratification of 1/2 of the states by a Simple Majority,
• However, these amendments are not deemed to be amendments for the purpose of Article 368.
• Amendment by a simple majority of the Parliament,
• Amendment by a special majority of the Parliament, and
• Amendment by a special majority of the Parliament and the ratification of half of the State Legislatur es.
• The process and scope of each type of amendment are discussed in detail below.

By Simple Majority of Parliament

• Several provisions in the Indian Constitution can be amended by a Simple Majority i.e. 50 percent of members present and voting.
• It is to be noted that these amendments fall outside the scope of Article 368.
• Admission or establishment of new states,
• Formation of new states and alteration of areas, boundaries, or names of existing states,
• Abolition or creation of Legislative Councils in states, etc.

By Special Majority of Parliament

• The majority of the provisions in the Constitution can be amended only by a Special Majority (more than 50 percent of the total membership of the House and a majority of two-thirds of the members of that House present and voting).
• Fundamental Rights,
• Directive Principles of State Policy,
• All other provisions that are not covered by the first and third categories.

By Special Majority of the Parliament and Consent of Half States

• The provisions of the Constitution that are related to the federal structure of the Indian polity require for their amendment a Special Majority of the Parliament along with the consent of half of the state legislatures by a Simple Majority.
• It does not require that all the states give their consent to the bill. The moment half of the states give their consent, the formality is completed and the bill is passed.
• The constitution has not prescribed any time limit within which the states should give their consent to the bill.
• Election of the President and its manner,
• Extent of the executive power of the Union and the States,
• Provisions related to the Supreme Court and High courts, etc.

Basic Structure of the Constitution

• The Basic Structure of the Indian Constitution refers to a set of core principles deemed essential, which cannot be destroyed or altered through amendments by the Parliament. This concept, though not explicitly mentioned in the Constitution, was established by the Supreme Court in the landmark Kesavananda Bharati case (1973).
• The Doctrine of Basic Structure is a check on the amending power of the Parliament and ensures that the fundamental ethos, principles, and the underlying framework of the Constitution remain intact, preserving its spirit.

Significance of the Constitutional Amendment

The provision for amendment of the Indian Constitution carries multifarious significance as listed below:

• Adaptability in Governance : The Constitution lays down fundamental principles of governance. A diverse and constantly evolving country like India cannot be governed by a set of fixed rules. The amendment of the constitution enables to bring changes in governance as per needs and situations.
• Accommodating New Rights : With rising awareness, various sections of society are becoming assertive of their rights . For example, of late, the LGBT community has been demanding their rights. The amendment enables providing for such rights.
• Evolution of New Rights : New interpretations of the Constitution led to the evolution of new rights . For example, a new interpretation of the Right to Life and Personal Liberty gave rise to the Right to Privacy. The amendment enables accommodating such rights.
• Addressing Emerging Issues : It enables addressing new emerging trends like bans, vigilantism, etc.
• Bringing Social Reform : It enables the eradication of outdated socio-cultural practices to usher in modernity.

Criticism of the Amendment Procedure

The procedure for amendment of the Indian constitution has been criticized on the following grounds:

• There is no provision for a special body for amending the Constitution such as the Constitutional Convention or Constitutional Assembly . The constituent power is vested in the Legislative Body itself i.e. the Parliament and the State Legislatures (in a few cases).
• There is no provision for a special process for amending the Constitution. Except for the requirement of Special Majority, the process of amendment is similar to that of a legislative process.
• The power to initiate an amendment lies only with the Parliament. The states have no such powers (except for passing a resolution to create or abolish state legislative councils).
• A major part of the Constitution can be amended by the Parliament alone. Only in a few cases, the consent of the state legislatures is required, and that too, only half of them.
• Lack of provision for holding a joint sitting of both Houses of Parliament for a constitutional amendment bill, sometimes, leads to the situation of a deadlock.
• The provisions relating to the amendment procedure, being too sketchy, leave a wide scope for creating disputes and taking the matters to the judiciary.

The process of amending the constitution is a crucial aspect of maintaining the relevance and adaptability of India’s legal framework to changing societal needs and circumstances. These constitutional amendments have played a significant role in shaping the country’s governance and legal framework. It ensures that the Constitution remains a living document, reflective of its people’s aspirations, challenges, and evolving societal values, ensuring its relevance and efficacy for generations to come.

Important Amendments in the Indian Constitution

Frequently Asked Questions (FAQs)

What is a constitutional amendment.

The Constitutional Amendment refers to the process of making changes such as the addition, variation, or repeal of any provision of the Constitution in accordance with the procedure laid down for the purpose.

Who has the power to amend the Constitution?

The Parliament alone has the power to amend the Constitution.

What is Simple Majority?

A Simple Majority refers to a majority of more than 50% of the members present and voting in the House.

What is Special Majority?

As per Article 368, Special Majority refers to the majority of 50% of the total strength of the House and a majority of 2/3rd of the members present and voting in the House.

What is Absolute Majority?

Absolute Majority refers to the majority of more than 50% of the total membership of the House.

What is Effective Majority?

It refers to the majority of more than 50% of the effective strength of the house which does not include the vacant seats of the total strength of the House.

What is Article 368?

Article 368 of the Indian Constitution pertains to the procedure for amending the Constitution of India.

Which part of the Constitution deals with amendment?

Article 368 of Part XX deals with the Amendment Procedure of the Indian Constitution.

Can Article 32 be amended?

Article 32 can be amended like any other provision of the Constitution without affecting the Basic Structure established by the Supreme Court of India in the landmark case of Kesavananda Bharati vs. the State of Kerala Case (1973).

How many times was the Preamble of the Constitution amended?

The Preamble of the Indian Constitution has been amended only once so far.

What is the latest amendment in the Indian Constitution?

The latest amendment in the Indian Constitution was the 106th Amendment Act, passed in 2023. This amendment deals with women’s reservation in Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. It reserves one-third of all seats for women, including those already reserved for Scheduled Castes and Scheduled Tribes.

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Essay on Constitution of India

500+ words indian constitution essay for students and children in english.

A Constitution is a set of rules and regulations guiding the administration of a country. The Constitution is the backbone of every democratic and secular fabric of the nation. The Constitution of India is the longest Constitution in the world, which describes the framework for political principles, procedures and powers of the government. The Constitution of India was written on 26 November 1949 and came into force on 26 January 1950. In this essay on the Constitution of India, students will get to know the salient features of India’s Constitution and how it was formed.

Constitution of India Essay

On 26th January 1950, the Constitution of India came into effect. That’s why 26th January is celebrated as Republic Day in India.

How Was the Constitution of India Formed?

The representatives of the Indian people framed the Indian Constitution after a long period of debates and discussions. It is the most detailed Constitution in the world. No other Constitution has gone into such minute details as the Indian Constitution.

The Constitution of India was framed by a Constituent Assembly which was established in 1946. Dr Rajendra Prasad was elected President of the Constituent Assembly. A Drafting Committee was appointed to draft the Constitution and Dr B.R. Ambedkar was appointed as the Chairman. The making of the Constitution took a total of 166 days, which was spread over a period of 2 years, 11 months and 18 days. Some of the salient features of the British, Irish, Swiss, French, Canadian and American Constitutions were incorporated while designing the Indian Constitution.

Also Read: Evolution and Framing of the Constitution

Features of The Constitution of India

The Constitution of India begins with a Preamble which contains the basic ideals and principles of the Constitution. It lays down the objectives of the Constitution.

The Longest Constitution in the world

The Indian Constitution is the lengthiest Constitution in the world. It had 395 articles in 22 parts and 8 schedules at the time of commencement. Now it has 448 articles in 25 parts and 12 schedules. There are 104 amendments (took place on 25th January 2020 to extend the reservation of seats for SCs and STs in the Lok Sabha and state assemblies) that have been made in the Indian Constitution so far.

How Rigid and Flexible is the Indian Constitution?

One of the unique features of our Constitution is that it is not as rigid as the American Constitution or as flexible as the British Constitution. It means it is partly rigid and partly flexible. Owing to this, it can easily change and grow with the change of times.

The Preamble

The Preamble has been added later to the Constitution of India. The original Constitution does not have a preamble. The preamble states that India is a sovereign, socialist, secular and democratic republic. The objectives stated by the Preamble are to secure justice, liberty, and equality for all citizens and promote fraternity to maintain the unity and integrity of the nation.

Federal System with Unitary Features

The powers of the government are divided between the central government and the state governments. The Constitution divides the powers of three state organs, i.e., executive, judiciary and legislature. Hence, the Indian Constitution supports a federal system. It includes many unitary features such as a strong central power, emergency provisions, appointment of Governors by the President, etc.

Fundamental rights and fundamental duties

The Indian Constitution provides an elaborate list of Fundamental Rights to the citizens of India. The Constitution also provides a list of 11 duties of the citizens, known as the Fundamental Duties. Some of these duties include respect for the national flag and national anthem, integrity and unity of the country and safeguarding of public property.

Also Read: Difference between Fundamental Rights and Fundamental Duties

India is a republic which means that a dictator or monarch does not rule the country. The government is of the people, by the people and for the people. Citizens nominate and elect its head after every five years.

Related Read: Constitution of India – 13 Major Features

The Constitution serves as guidelines for every citizen. It helped India to attain the status of a Republic in the world. Once Atal Bihari Vajpayee said that “governments would come and go, political parties would be formed and dissolved, but the country should survive, and democracy should remain there forever”.

We hope that this essay on the “Constitution of India” must have helped students. For the latest updates on ICSE/CBSE/State Board/Competitive Exams, stay tuned to BYJU’S. Also, download the BYJU’S App for watching interesting study videos.

Also Read: Independence Day Essay | Republic Day Essay | Essay on Women Empowerment

Frequently Asked Questions on Constitution of India Essay

Who is the father of our indian constitution.

Dr. B. R. Ambedkar is the father of our Indian Constitution. He framed and drafted our Constitution.

Who signed the Indian Constitution?

Dr. Rajendra Prasad was the first person from the Constitution Assembly to have signed the Indian Constitution.

What is mentioned in the Preamble of our Indian Constitution?

The preamble clearly communicates the purpose and emphasis the importance of the objectives of the Indian Constitution.

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