UPSC COURSE

VIDEO- 91

POLITY

MUNCIPALITIES
(Last Lecure of Polity)
BY DEWASHISH AWASTHI
MUNICIPALITIES
The Municipalities are the Local self government units in the urban areas.

✓ Some of the provisions are similar to those present in the part IX (Panchayati Raj) of the Constitution
like reservation of seats, State Finance Commission and the State Election Commission.

✓ The Municipalities are added in the Constitution through the 74th amendment act.

✓ The Municipalities are mentioned in the 12th Schedule of the Constitution.

✓ They are mentioned under Part IX A of the Indian Constitution.

✓ The Articles from 243 P to 243 ZG are related to Municipalities.

At the Central level, the subject of ‘urban local government’ is dealt with by the following three ministries:

(i) Ministry of Urban Development, created as a separate ministry in 1985

(ii) Ministry of Defence in the case of cantonment boards

(iii) Ministry of Home Affairs in the case of Union Territories

Historical Perspective
The 1st Municipal Corporation in India was set up in the year 1687, in Madras.

In the year 1726 municipal corporations were set up in Bombay and Calcutta.

In the year 1882, the viceroy of India Lord Rippon issued a resolution of Local Self government.

Lord Rippon is called the ‘Father of Local Self Government” in India.

 CONSTITUTIONAL STATUS TO MUNICIPALITIES:

Rajiv Gandhi was the first Prime Minister who made an attempt to provide the constitutional status to the
Municipalities.

In the year 1989, 65th Constitutional amendment bill (Nagar Palika bill) was introduced in the Parliament.
(Defeated)

In the year 1991 P V Narasimha Rao became the Prime Minister of India.

In September 1991 the 74th Constitutional amendment bill was introduced in Lok Sabha.

The amendment bill was passed by both the houses of the Parliament in December 1992.
 74TH AMENDMENT ACT:

A new part IX-A has been added.

✓ This came into force on June 1, 1993.

✓ This consists of provisions from articles 243 P to 243 ZG.

✓ The act also added 12th schedule to the constitution.

✓ The 12th schedule consists of 18 items.

✓ It is an obligation to the states to adopt the new system of municipalities in accordance with the
provisions of the 74th amendment act.
 SALIENT FEATURES OF THE 74TH AMENDMENT ACT:

The act created 3 types of municipalities. (Article – 243 Q)

• Nagar Panchayat

• Municipal Council

• Municipal Corporation

Article 243Q makes it obligatory for every state to constitute such units.

Nagar Panchayat is a transitional area. This is an area in transition from a rural to an urban area.

Municipal council is a smaller urban area.

A Municipal Corporation is a larger urban area.

To conduct elections at regular intervals entire municipal area is divided into wards. (Constituency)

The members of a municipality shall be elected directly by the people. Composition - (Article – 243 R)

The legislature of a state may also provide for representation in municipality

• With persons of special knowledge or experience in Municipal administration without vote power

• Members of Lok sabha – representing the constituency of that area.

• Members of Rajya Sabha – registered as an elector in the municipal area.

• Members of State Assembly - representing the constituency of that area.

• Members of Legislative Council – registered as an elector in the municipal area.

• The chairpersons of committees other than ward committees.

Wards Committees (Article – 243 S)
There shall be constituted a wards committee, consisting of one or more wards, within the territorial
area of a municipality having population of three lakh or more.

The state legislature may make provision with respect to the composition and the territorial area of a
wards committee and the manner in which the seats in a wards committee shall be filled.

RESERVATION OF SEATS: (Article – 243 T)

TERM: (Article – 243 U)

 Disqualifications:(Article – 243 V)

POWERS, AUTHORITY AND RESPONSIBILITIES: (Article – 243 W)

According to the Article 243W of the Constitution state legislatures are provided with the power to
confer on Municipalities all such powers and authority as may be necessary to enable them to function as
institutions of self government.

POWERS OF MUNCIPALITY TO IMPOSE TAXES (Article – 243 X)

STATE FINANCE COMMISSION: (Article – 243 Y)

AUDITING OF PANCHAYAT ACCOUNTS (Article – 243 Z)

THE STATE ELECTION COMMISSION: (Article – 243 ZA)

Applications to Union Territories (Article – 243 ZB)

Exempted areas and states (Article – 243 ZC)

The act does not apply to the 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 (Article – 243 ZD)

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 (Article – 243 ZE)

Metropolitan Planning Committee Every metropolitan area shall have a metropolitan planning
committee to prepare a draft development plan

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 (Article – 243 ZF)

1st June 1993 (1 year)

Bar on Interference by Courts (Article – 243 ZG)

SUBJECTS IN THE 12TH SCHEDULE: (18 Subjects)

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 environment and promotion of ecological aspects

THERE ARE 8 TYPES OF URBAN GOVERNMENTS:

Municipal corporations

Municipalities

Notified area committees

Town area committees

Cantonment board

Township

Port trust

Special purpose agency

 1) MUNICIPAL CORPORATION:
Municipal corporations are created for the administration of big cities like Delhi, Mumbai, Kolkata,
Hyderabad, Bangalore and others

The Municipal Corporations are established in the states by the acts of the state legislatures.

The Municipal Corporations are established in the Union Territories through the acts of the Parliament.

A Municipal Corporation consists of three different authorities.

• Council (Mayor Head , Legislative Body) .

The election of the Mayor is decided by the state legislature.

The council consists of the members directly elected by the people.

• Standing committees (Facilitate Council)

• Municipal Commissioner (Implementation of decisions) IAS officer

 2) MUNICIPALITY:
The Municipalities are established up by the acts of state legislatures.

The Municipalities set for the administration of small cities and towns.

For the Union Territories the municipalities are set up by the acts of the Parliament.

A Municipality consists of three different authorities.

• Council (President/ Chairman , Legislative Body)

The council consists of the members directly elected by the people.

The election of the Chairman is decided by the state legislature.

• Standing committees (Facilitate Council)

• Chief Executive Officer (Implementation of decisions)

 3. Notified Area Committee

A notified area committee is created for the administration of two types of areas—

a fast developing town due to industrialisation, and

a town which does not yet fulfil all the conditions necessary for the constitution of a municipality, but
which otherwise is considered important by the state government.

But unlike the municipality, it is an entirely nominated body, that is, all the members of a notified
area committee including the chairman are nominated by the state government.

Thus, it is neither an elected body nor a statutory body.

 4. Town Area Committee

A town area committee is set up for the administration of a small town.

It is created by a separate act of a state legislature.

Its composition, functions and other matters are governed by the act.

It may be wholly elected or wholly nominated by the state government or partly elected
and partly nominated
 5. Cantonment Board

A cantonment board is established for municipal administration for civilian population in the cantonment area.

It is set up under the provisions of the Cantonments Act of 2006

It works under the administrative control of the defence ministry of the Central government.

Thus, unlike the above four types of urban local bodies, which are created and administered by the state
government, a cantonment board is created as well as administered by the Central government.

Category Civil Population

I above 50,000
They are grouped into four categories
II 10,000 to 50,000
on the basis of the civil population.
III 2,500 to 10,000
IV Below 2,500
 A cantonment board consists of partly elected and partly nominated members.

The executive officer of the cantonment board is appointed by the President of India.

6. Township

This type of urban government is established by the large public enterprises to provide civic amenities to
its staff and workers who live in the housing colonies built near the plant.
 7. Port Trust

The port trusts are established in the port areas like Mumbai, Kolkata, Chennai and so on for two
purposes:

(a) to manage and protect the ports; and

(b) (b) to provide civic amenities.

A port trust is created by an Act of Parliament.

It consists of both elected and nominated members.

 8. Special Purpose Agency

These are function-based and not area-based.

They are known as ‘single purpose’, ‘uni-purpose’ or ‘special purpose’ agencies or ‘functional local bodies’.
Some such bodies are:

1. Town improvement trusts.

2. Urban development authorities.

3. Water supply and sewerage boards.

4. Housing boards.

5. Pollution control boards.

6. Electricity supply boards.

7. City transport boards.

These functional local bodies are established as
statutory bodies by an act of state legislature or as
departments by an executive resolution.