Urban Local Government in India

Topics Discussed: -

·       Introduction

·       74th Constitutional Amendment Act, 1992

·       Composition of Urban Local Bodies

·       Qualification for Membership (Art 243V)

·       Powers, authority and responsibilities of Municipalities (243W)

·       District Planning Committees (243ZD) and Metropolitan Planning Committees (243E)

·       Introduction

The term urban local government in India signifies the governance of an urban area by the People through their elected representatives. The jurisdiction of an urban local government is limited to a specific Urban area which is demarcated for this purpose by the State Government.

·       74th Constitutional Amendment Act, 1992

This Amendment Act has inserted a new Part IX an into the Constitution which deals with the administration of the Municipalities and Nagar Palikas. It Consists of Articles 243P to 243ZG. In addition, the act also added a new twelfth Schedule to the Constitution. The act gave Constitutional Status to the municipalities.

Some of the compulsory provisions which are binding on all States are:

1.    Constitution of Nagar panchayats, municipal councils and municipal corporations in transitional areas (areas in transition from a rural area to urban area), smaller urban areas and larger urban areas respectively;

2.    Reservation of seats in urban local bodies for Scheduled Castes / Scheduled Tribes roughly in proportion to their population; (Article 243 T)

3.    Reservation of seats for women up to one-third seats (Article 243 T)

4.   The State Election Commission, constituted in order to conduct elections in the panchayati raj bodies (see 73rd Amendment) will also conduct elections to the urban local self- governing bodies (Article 243 ZA)

5.    The State Finance Commission, constituted to deal with financial affairs of the Panchayati Raj bodies will also look into the financial affairs of the local urban self-governing bodies (Article 243 Y)

6.    Tenure of urban local self-governing bodies is fixed at five years and in case of earlier dissolution fresh elections are to be held within six months (Article 243 Q)

Some of the voluntary provisions which are not binding, but are expected to be observed by the States are:

1.    Giving representation to members of the Union and State Legislatures in these bodies;

2.    Providing reservation for backward classes;

3.    Giving financial powers in relation to taxes, duties, tolls and fees etc.;

4.    Making the municipal bodies autonomous and devolution of powers to these bodies to perform some or all of the functions enumerated in the Twelfth Schedule added to the Constitution through this Act and/or to prepare plans for economic development.

In accordance with the 74th Amendment, municipal corporations and municipalities (municipal boards or municipal committees) are now regulated in a fairly uniform manner in all the States. However, one must remember that local self-government continues to be a subject in the State List.

Thus, the 73rd and 74th amendments provide a framework for the States in respect of local government. Thus, each State has its own Election Commission which conducts elections to all local bodies after regular intervals of five years.

Each State has its Finance Commission to regulate finances of the local bodies. Seats are reserved in the corporations and municipalities for Scheduled Castes and Tribes. One-third seats are reserved for women in all local bodies – urban and rural.

·       Composition of Urban Local Bodies (Art 243R)

Ø The members of a Municipality would generally be elected by direct election from territorial Constituencies. The Chairperson Shall is elected in the manner provided by the Legislature. The Legislature of a State may by law provide for representation in a municipality, without right to vote in the meetings of the Municipality, of following people.

Ø Persons having Special Knowledge or experience in municipal administration,
2. Members of Lok Sabha, State Assembly, Rajya Sabha and ‘Legislative Council and
3. The Chairpersons of Committees Constituted under CI. (5) of Art 243S.

·       Qualification for Membership (Art 243V)

The Qualification is the same as is required for being Chosen as a member of State Legislature. The Only difference is that whereas the minimum age for Contesting election here is 21 years [years in case of State Legislature (Article 173)].

·       Powers, authority and responsibilities of Municipalities (243W)

Ø Legislatures of States have been Conferred the Power to Confer on the Municipalities All Such Powers and authority as may be necessary to enable them to function as institutions of self-government. It has specifically been mentioned that they may be given the responsibility of: -

o   Preparation of plans for economic development and Social Justice.
b. implementation of Schemes as may be entrusted to them, and
c. in regard to matters listed in the 12th Schedule. This Schedule Contains 18 items, e.g., Urban Planning, Regulation of Land Use, Roads and Bridges, Water Supply, Public Health, Fire Services Urban Forestry, Slums etc.

·       Powers to impose taxes and financial resources

o   A State Legislature may by law authorize a Municipality to levy, Collect and appropriate taxes, duties, tolls etc. The law may lay down the limits and prescribe the procedure to be followed. It Can also assign to a Municipality Various taxes, duties etc. Collected by the State Government. Grants-in-aid may be given to the Municipalities, from the Consolidated Fund of the State.

·       District Planning Committees (243ZD) and Metropolitan Planning Committees (243E)

Ø Apart from giving Constitutional recognition to Municipalities the 74th Amendment lays down that in every State two Committees Shall be Constituted.
1. At the district level a District Planning Committee [Art. 243D]
2. In every metropolitan area a Metropolitan Planning Committee [Art. 243ZB].

Ø The Composition of the Committees and the manner in which the Seats are to be filled are to be provided by a law to be made by the State Legislature. But it has been laid down that,

Ø In Case of the District Planning Committee at least 4/5th of the members Shall be elected by the elected members of the District Level Panchayat and of the Municipalities in the district from amongst themselves. Their proportion would be in accordance with the ration of urban and rural population of the district.

Ø In Case of Metropolitan Planning Committee at least 2/3rd of the members of the Committee Shall be elected by the Members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area from amongst themselves. The proportion of seats to be shared by them would be based on the ratio of the population of the Municipalities and the Panchayats in the area.

Ø While the District Planning Committee is to prepare a development plan for the whole district, the Metropolitan Planning Committee Will prepares a development plan for the whole Metropolitan area.

Ø The State Legislature Would by law makes provision with respect to:-
1. The functions relating to district planning/metropolitan planning that may be assigned to the district Committees, and
2. The manner in which the Chairperson of a district Committee may be Chosen.
3. The representation of the Central and State Governments and of such organization and institutions in the Metropolitan Planning Committee as may be deemed necessary.

Ø The respective Committee shall prepare and forward the development plan to the State Government.