MUNICIPALITIES

Municipalities represent urban local governments responsible for administering towns and cities in India. The 74th Constitutional Amendment Act institutionalised urban local governance and strengthened democratic decentralisation in urban areas.

HISTORICAL BACKGROUND
- 1688: First Municipal Corporation in Madras.
- 1726: Municipal Corporations established in Bombay and Calcutta.
- 1870: Mayo’s Resolution on financial decentralisation.
- 1882: Ripon’s Resolution – “Magna Carta” of local self-government.
- 1907: Royal Commission on Decentralisation (Hobhouse Committee).
- 1919: GOI Act – local government became a transferred subject.
- 1924: Cantonments Act passed.
- 1935: GOI Act – local government became a provincial subject.
- 1992: 74th Constitutional Amendment enacted; in force from 1 June 1993.

ADMINISTRATIVE JURISDICTION
Urban local government is handled by:
- Ministry of Housing & Urban Affairs (States)
- Ministry of Defence (Cantonment Boards)
- Ministry of Home Affairs (Union Territories)

SIGNIFICANCE OF THE 74TH AMENDMENT
- Added Part IXA (Articles 243P–243ZG).
- Introduced Twelfth Schedule (18 functions under Article 243W).
- Obligated states to establish municipalities.
- Created uniformity and strengthened urban decentralisation.
- Ensured independent elections to municipal bodies.

TYPES OF MUNICIPALITIES (ARTICLE 243Q)
1. Nagar Panchayat – Transitional area (rural → urban).
2. Municipal Council – Smaller urban area.
3. Municipal Corporation – Larger urban area.

SALIENT FEATURES OF THE ACT

1. AREA CLASSIFICATION
Governor specifies the classification of urban areas.

2. COMPOSITION (243R)
- Members elected directly from wards.
- Chairperson elected as per state law.
- Special representation: experts in municipal administration, MPs, MLAs, etc., without voting rights.

3. WARDS COMMITTEES (243S)
- Mandatory for population ≥ 3 lakhs.
- Composition and powers decided by State Legislature.

4. RESERVATION (243T)
- SC/ST reservation proportional to population.
- Women: minimum one-third of seats & chairperson posts.
- States may reserve seats for Backward Classes.

5. TENURE (243U)
- Five-year term.
- Elections to be held within 6 months of dissolution.

6. DISQUALIFICATIONS (243V)
- Same criteria as State Legislature.
- Decided by an authority specified by State Legislature.
- Minimum age: 21 years.

7. STATE ELECTION COMMISSION (243K)
- Conducts elections to Municipalities and Panchayats.

8. POWERS & FUNCTIONS (243W)
Municipalities prepare and implement plans for:
- Economic development
- Social justice
- 18 subjects under Twelfth Schedule:
  → Urban planning, regulation of land use, water supply, roads, bridges, sanitation, fire services, public health, urban forestry, slum improvement, poverty alleviation, etc.

9. MUNICIPAL FINANCES (243X)
State Legislature may:
- Authorise collection of taxes, duties, tolls, fees.
- Assign state revenues to municipalities.
- Provide grants-in-aid.
- Create municipal funds.

10. FINANCE COMMISSION (243Y)
- State Finance Commission reviews financial position of Municipalities every 5 years.
- Central Finance Commission recommends measures to augment state finances to support Municipalities.

11. AUDIT OF ACCOUNTS (243Z)
- State Legislature provides for account maintenance & audit.

12. APPLICATION TO UNION TERRITORIES (243ZB)
- Applicable with modifications as directed by the President.

13. DISTRICT PLANNING COMMITTEE (243ZD)
- Consolidates rural and urban plans.
- 4/5th members elected from Panchayats & Municipalities.

14. METROPOLITAN PLANNING COMMITTEE (243ZE)
- For metropolitan areas.
- 2/3rd members elected from local bodies.

15. BAR ON JUDICIAL INTERFERENCE (243ZG)
- No court can question delimitation or seat allocation.
- Election disputes only via election petition.

TYPES OF URBAN GOVERNMENT BODIES

1. MUNICIPAL CORPORATION
- For large cities.
- Structure:
  • Council (legislative)
  • Standing Committee (executive support)
  • Commissioner (administrative head)
- Headed by Mayor.

2. MUNICIPALITY (Municipal Council)
- For towns/smaller cities.
- Headed by Chairperson/President.
- Chief Executive Officer administers.

3. NOTIFIED AREA COMMITTEE
- For fast-growing towns.
- Entirely nominated by state government.
- Not an elected or statutory body.

4. TOWN AREA COMMITTEE
- For small towns.
- Semi-municipal authority.
- May be elected, nominated, or mixed.

5. CANTONMENT BOARD
- Administers civilian areas in cantonments.
- Under Defence Ministry.
- Composition: partly elected, partly nominated.
- President: Station Commander (military).
- Vice-President: elected by board members.
- Executive Officer appointed by President of India.

6. TOWNSHIP
- Set up by public enterprises for employees’ welfare.
- Entirely appointed body.

7. PORT TRUST
- Manages ports & civic amenities.
- Created by Act of Parliament.
- Contains elected and nominated members.

8. SPECIAL PURPOSE AGENCY
- Task-specific bodies (e.g., water supply, transport, housing).
- Function-based, not area-based.
- Independent or semi-autonomous.

CENTRAL COUNCIL OF LOCAL GOVERNMENT
- Created in 1954 under Article 263.
- Advisory body to strengthen local governance.
- Chairperson: Union Minister for Urban Development.
- Members: State ministers for local self-government.

---

PDF File:

No PDF attached

---

Subject: Polity

← Back