introduction
The 74th Amendment to the Indian Constitution, enacted in 1992, marked a significant step in strengthening grassroots democracy by institutionalizing urban local governance. This amendment introduced Part IX-A, dedicated to municipalities, and added the Twelfth Schedule, which enumerates 18 functional areas of local self-governance, such as urban planning, public health, and slum improvement. The amendment aimed to empower urban local bodies (ULBs), including municipal corporations, municipalities, and Nagar Panchayats, by providing them with constitutional status, ensuring regular elections, and specifying their powers and responsibilities. By mandating state governments to devolve financial resources and administrative authority, the 74th Amendment sought to promote decentralized governance, accountability, and public participation in urban development. This reform was a pivotal effort to address the growing challenges of urbanization and enhance the quality of life in cities and towns across India.
important provisions
Key points on the 74th Constitutional Amendment Act, 1992:
- Introduction of Part IX-A:
- The amendment added Part IX-A to the Indian Constitution, titled “The Municipalities,” dealing with the structure, governance, and powers of urban local bodies.
- Establishment of Urban Local Bodies (ULBs):
- It provided constitutional status to municipal corporations, municipal councils, and Nagar Panchayats for different urban areas based on population.
- Twelfth Schedule:
- The amendment introduced the Twelfth Schedule, which lists 18 functional items under the purview of ULBs, such as urban planning, public health, sanitation, waste management, and slum improvement.
- Composition of Municipalities:
- Municipalities are to be composed of elected representatives from wards and may include members with special knowledge or experience.
- Reservation of Seats:
- Reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women (one-third) in every municipality to ensure inclusivity.
- Five-Year Tenure:
- Municipalities are granted a fixed tenure of five years. Elections must be conducted before the end of the term or within six months in case of dissolution.
- State Election Commission (SEC):
- Each state must establish a State Election Commission to oversee, direct, and control municipal elections.
- Devolution of Powers:
- State governments are required to devolve powers and responsibilities to municipalities through legislation, enabling them to function as self-governing institutions.
- State Finance Commission (SFC):
- States must constitute a State Finance Commission every five years to recommend financial devolution to municipalities.
- Types of Urban Local Bodies:
- Defined three types of municipalities based on the size and nature of urban areas:
- Nagar Panchayats for transitional areas.
- Municipal Councils for smaller urban areas.
- Municipal Corporations for larger urban areas.
- District Planning Committees (DPCs):
- Mandates the establishment of DPCs for planning at the district level, integrating rural and urban development plans.
- Metropolitan Planning Committees (MPCs):
- Introduced for metropolitan areas with a population exceeding 10 lakh, focusing on coordinated planning.
The 74th Amendment aimed to promote decentralized governance, ensure grassroots participation, and enhance accountability and transparency in urban administration.