MUNICIPALITIES
1. Evolution of Municipalities in India
- The evolution of municipalities in India has a rich history that reflects the country's changing governance structure and urban development needs.
- The development of municipalities can be traced through various phases, each marked by legal and administrative reforms aimed at improving urban governance, local self-governance, and community participation.
- Colonial Era: The concept of municipalities in India has its roots in the British colonial period. The East India Company established the first municipal corporation in Madras (Chennai) in 1688. Subsequently, other major cities like Bombay (Mumbai) and Calcutta (Kolkata) also saw the establishment of municipal bodies. These early municipalities were primarily responsible for basic services like sanitation, water supply, and public health.
- Reforms of the 19th Century: The 19th century witnessed the enactment of several municipal acts by the British colonial government to address the growing urban population and emerging urban issues. The Bombay Municipal Act (1888) and the Madras Municipal Act (1919) were important milestones that laid the groundwork for more organized urban governance.
- Post-Independence Period: After gaining independence in 1947, India focused on strengthening local self-governance and decentralization. The Constitution of India recognized municipalities as local bodies and assigned them to the State List in the Seventh Schedule. This allowed states to frame their own laws for municipal governance.
- The 74th Constitutional Amendment Act (1992): The 74th Amendment Act, often referred to as the "Nagarpalika Act," aimed to empower urban local bodies and provide them with greater autonomy and resources. It introduced constitutional provisions for municipalities in Part IX-A, which established the framework for their composition, powers, and functions. It mandated the creation of three types of municipalities: Nagar Panchayats for transitional areas, Municipal Councils for smaller urban areas, and Municipal Corporations for larger cities.
- Devolution and Empowerment: Post the 74th Amendment, states began enacting their own municipal acts to align with the constitutional provisions. These acts defined the roles, responsibilities, and functions of municipalities. Various urban governance reforms and policies were introduced to strengthen local self-governance and enhance municipal capacities in areas such as urban planning, infrastructure development, and service delivery.
- Smart Cities Mission and Urban Rejuvenation: In recent years, the Indian government launched the Smart Cities Mission (2015) to promote sustainable urban development. This initiative focuses on improving infrastructure, services, and quality of life in select cities through technology and innovation.
2. Municipalities (74th Amendment Act, 1992)
- The 74th Amendment Act of 1992, also known as the Constitution (Seventy-Fourth Amendment) Act, is a landmark constitutional amendment in India that aimed to empower local self-governance in urban areas.
- Enacted to address the challenges of urbanization and to promote grassroots democracy, the amendment introduced significant changes to the structure, powers, and functions of urban local bodies (ULBs) in the country.
Key features and provisions of the 74th Amendment Act include:
Part IX-A of the Constitution: The amendment inserted Part IX-A titled "The Municipalities" into the Constitution of India. This part contains provisions related to the composition, powers, and functions of municipalities, thereby granting constitutional status to urban local governance.
Three Types of Municipalities: The amendment introduced a three-tier structure for urban local bodies:
- Nagar Panchayats: Designed for transitional areas with smaller populations.
- Municipal Councils: Intended for smaller urban areas with a comparatively larger population.
- Municipal Corporations: Established for larger cities and urban centers with higher populations.
Reservation of Seats: The amendment mandated the reservation of seats for SCs, STs, OBCs, and women in proportion to their population in municipal bodies. This provision aimed to enhance the participation of marginalized and underrepresented sections in decision-making processes.
Powers and Functions: The 74th Amendment Act conferred a range of powers and functions to municipalities, such as urban planning, development, public health, sanitation, solid waste management, water supply, and environment conservation. This enabled municipalities to address the specific needs and challenges of urban areas.
Finance Commission: The amendment introduced the concept of State Finance Commissions and mandated their establishment to recommend the financial resources that should be allocated to urban local bodies. This move aimed to ensure financial autonomy and adequate resources for municipalities.
Ward Committees and Metropolitan Planning Committees: The amendment mandated the establishment of ward committees in larger municipalities to promote participatory governance at the grassroots level. Additionally, it introduced the concept of Metropolitan Planning Committees for metropolitan areas to ensure integrated and planned development.
State Legislation: States were required to enact legislation to give effect to the provisions of the 74th Amendment Act. This ensured that the principles and guidelines of the amendment were implemented uniformly across the country while accommodating local variations.
3. Types of Urban Governance
- Municipal Corporation: Administration of big cities, created by acts of state legislature (by Parliament in case of UTs).
- Administrative framework: Council headed by Mayor, standing committee, municipal
commissioner. - Municipalities: administration of towns and smaller cities, created by acts of the state legislature.
- Administrative framework: council headed by the president, standing committees, and CEO.
- Notified Area Committee: administration of fast-developing towns which does not fulfill conditions for a municipality created through gazette notification. Entirely a nominated body.
- Town Area Committee: small town administration, semi-municipal authority with limited functions, created by the state legislature. May be wholly elected or wholly nominated or partly elected and partly nominated as provided by the state government.
- Cantonment Board: The Cantonments Act of 2006 is a legislation enacted by the Central Government; deals with the civilian administration in the cantonment area, works under the defense ministry; partly elected and partly nominated.
- Township: Established by large public enterprises to provide civic amenities to its staff
and workers; no elected members. - Port Trust: established by an act of parliament for civil administration in and around ports. Consists of both elected and nominated members.
- Special Purpose Agency: Set up by the state for a specific purpose i.e. function-based organization and not area based.
4. District Planning Committee (DPC):
- Article 243ZD: to consolidate plans of panchayats and municipalities and to prepare a draft development plan.
- Every state shall constitute it at the district level to consolidate the plans prepared by panchayats and municipalities in the district.
- The state legislature may make provisions for the mode and manner of election, functions,
composition of DPC. - 4/5th members of DPC: should be elected by the elected members of the district panchayat and municipalities in the district from amongst themselves.
- 1/5th of members: are nominated Elected members are proportional to the Rural:
Urban population.
Metropolitan Planning Committee (243ZE):
- Metropolitan area: An area in the country where the population is above 10 Lakhs (Art. 243P) Prepares draft development plan.
- The state legislature may make provisions for the mode and manner of election, functions, and composition of MPC.
- 2/3rd 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.
- 1/3rd of members are nominated.
- Elected members are in proportion to the Rural: Urban population.
