write an essay on 74th amendment of indian constitution

• Skip to primary navigation
• Skip to main content
• Skip to primary sidebar

UPSC Coaching, Study Materials, and Mock Exams

Enroll in ClearIAS UPSC Coaching Join Now Log In

Call us: +91-9605741000

74th Constitutional Amendment Act

Last updated on November 21, 2022 by ClearIAS Team

The 74th Constitutional Amendment Act of 1992 established the Municipalities or Urban Local Governments system as a constitutional entity.

In India, the phrase “Urban Local Government” refers to the process through which the electorate governs an urban region. An urban local government can only regulate activities inside a given urban region that the state government has designated.

Municipalities are now governed by the Constitution’s justiciable provisions thanks to the Act.

Table of Contents

What is 74th Constitutional Amendment Act?

Decentralization of powers and authorities to Urban Local Bodies (ULB) at various levels was mandated by the 74th Amendment Act. Additionally, this amendment attempted to establish an institutional structure that would permit entry through autonomous local governments in the nation’s cities.

In order for urban governments to successfully serve as local government units, the legislation intends to revitalise and enhance them.

Part IXA, which went into effect on June 1, 1993, contains the provisions in this amendment. As a result, it provided the local self-government entities in metropolitan areas with a constitutional basis.

UPSC CSE 2025: Study Plan ⇓

(1) ⇒ UPSC 2025: Prelims cum Mains

(2) ⇒ UPSC 2025: Prelims Test Series

(3) ⇒ UPSC 2025: CSAT

Note: To know more about ClearIAS Courses (Online/Offline) and the most effective study plan, you can call ClearIAS Mentors at +91-9605741000, +91-9656621000, or +91-9656731000.

Additionally, it granted the ULBs the authority to carry out the 18 tasks stated in the Indian Constitution’s 12th Schedule.

A fundamental basis for the decentralisation of rights and authorities to Municipal organisations at various levels is provided by the 74th Amendment Act of 1992. However, it is the States’ job to give it a concrete form.

Read 73rd constitutional amendment here .

What are the objectives of 74th Amendment Act?

• Municipalities now have constitutional status thanks to the statute. They now fall under the protection of the Constitution’s justiciable provisions as a result.
• In other words, state governments must implement the new municipal system in compliance with the act’s requirements within the terms of their constitutions.
• In order for municipal governments to properly serve as local government units, the legislation aims to improve and reinvigorate them.

What are the constitutional provisions of 74th Constitutional Amendment Act?

• It was passed by Parliament in December 1992 and came into force on 1 June 1993 adding Part IX A (Articles 243-P to 243-ZG) and the 12th schedule in the Constitution.
• The 74th amendment provided a uniform law for all the municipalities in the nation.

Salient features of the 74th Constitutional Amendment Act

1. composition:.

• Every member of a municipality must be chosen directly by the residents of that area.
• Each municipal region will be divided into territorial constituencies known as wards for this purpose.
• How a municipality’s chairperson is chosen may be regulated by the state legislature.

2. Wards Committees:

• Within the boundaries of a municipality with a population of at least three lakh, a ward committee made up of one or more wards must be established.
• The state legislature may also set any provisions for the formation of other committees in addition to the ward committees.
• These committees’ chairs may become municipally elected officials.

3. Reservation of Seats:

• Reservation of seats for SC and ST is provided in every municipality in proportion to their population.
• Provision for reservation of 1/3rd of the total number of seats is also provided for women.
• The state legislature has been empowered to make any provision for reservation in the municipality at any level in favour of the backward class.

4. Duration of Municipalities:

• Every level of government has given municipalities a five-year term in office. It may, however, be disbanded before its tenure is over.
• If a municipality is elected after it has been dissolved, it will remain in existence for the remainder of the time that it would have remained in existence had it not been dissolved.

5. Disqualifications:

• if he is disqualified under any law for the time being in force for the purposes of elections to the legislature of the state concerned; or
• if he is disqualified under any law made by the state legislature.
• However, no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years.

6. State Election Commission:

• The State Election Commission has been established and given a number of responsibilities, including oversight, direction, and control over the creation of electoral rolls.
• The state election commission will also oversee the organisation of elections for Municipalities.

7. Powers and Functions:

• The powers and functions of the Municipalities are endowed by the state legislature.
• The Municipalities prepare a plan for economic development and social justice for the people of the Municipality.
• It implements the scheme of the Central and State government for the betterment of the people at the ground level.
• Municipalities have the power to enhance employment facilities and undertake development activities in the area.

8. Finances:

The state legislature may:

• authorize a panchayat to levy and collect taxes, duties, duties, and fees;
• assign to the Panchayat taxes, duties, duties, and fees levied and collected by the state government;
• provide grants-in-aid to the Panchayats from the state’s consolidated fund, and
• provide for the establishment of funds to credit all money of the Panchayats.

9. Finance Commission:

• The governor appoints the finance panel to assess the Municipalities’ financial standing.
• The governor is advised by this commission to choose the guidelines for how taxes should be split between the state and municipalities.
• Additionally, it decides what taxes, levies, tolls, and other charges can be levied against municipalities.
• According to the rules established by the state government, the municipalities are required to maintain accounts and to have those accounts audited.

10. Audit of Accounts:

• State legislatures can make provisions regarding the maintenance and auditing of municipalities’ accounts.

11. Application to Union Territories:

• The provisions of this Part apply to the territories of the Union. However, the president may specify and direct any exception or modification as required.

12.  Exempted Areas:

• At present, ten states of India have scheduled areas – Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Orissa, and Rajasthan.
• Presently, there are a total of ten tribal areas (autonomous districts) in the four states of Assam (3), Meghalaya (3), Tripura (1), and Mizoram (3).
• It shall also not affect the functions and powers of the Darjeeling Gorkha Hill Council of West Bengal.

13. District Planning Committee:

• A district planning committee must be established in each state at the district level to coordinate the plans created by the panchayats and municipalities within the district and to draught a development plan for the district as a whole.
• According to the act, the elected officials of the district’s municipalities and district panchayats shall elect from among themselves four-fifths of the members of a district planning committee.

14. Metropolitan Planning Committee:

• A Metropolitan area means an area having a population of 10 lakh or more, in one or more districts, and consisting of two or more municipalities or panchayats or other contiguous areas.
• 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.

15. Continuance of Existing Laws and Panchayats:

• Up until one year following the start of this act, all state legislation pertaining to municipalities shall continue to be in force.
• This means that within a year of the act’s implementation on April 24, 1993, the states must implement the new municipality structure it is built on.
• However, unless they are dissolved earlier by the state legislature, all municipalities that existed before the act’s passage will remain in existence until the end of their terms.

16. Bar to Interference by Courts in Electoral Matters:

• The law forbids courts from meddling in local elections.
• It states that no law governing the definition of constituencies or the distribution of seats within those constituencies may be contested in a court.
• Additionally, it states that no election for a municipality may be contested without an election petition submitted in accordance with the rules established by the state legislature and submitted to the appropriate authority.

Types of urban governments under 74th Constitutional Amendment Act

Article 243Q provides for the establishment of 3 kinds of Municipalities in every state.

Governor will by public notice, will define these three areas based on the population, density of population, revenue generated for local administration, % of employment in Non-agricultural activities and other factors.

Further, a Governor may also if, he fits it necessary, based upon the industrial establishments, If there is an urban area where municipal services are being provided by an industrial establishment, then the governor may specify that area to be an industrial township. In such a case, a municipality may not be constituted.

1. Nagar Panchayat: A Nagar Panchayat is for those areas which are transitional areas i.e. transiting from Rural Areas to Urban areas.

2. Municipal Council:  A Municipal council is for smaller urban area

3. Municipal Corporation: A municipal Corporation for Larger Urban Areas

Significance of Urban Local Bodies

• The economic expansion of the country is significantly influenced by cities and towns.
• These metropolitan centres considerably contribute to the rural hinterland’s expansion.
• To keep this economic change in line with needs and realities at the local level, the people and their representatives must be fully involved in the planning and implementation of the programs.
• If democracy is to continue to be strong and stable in the Parliament and State Legislatures, its roots must reach into the towns, villages, and cities where people live.

Article written by: Aseem Muhammed

Top 10 Best-Selling ClearIAS Courses

Upsc prelims cum mains (pcm) gs course: unbeatable batch 2025 (online), rs.75000   rs.29000, upsc prelims marks booster + 2025 (online), rs.19999   rs.14999, upsc prelims test series (pts) 2025 (online), rs.9999   rs.4999, csat course 2025 (online), current affairs course 2025 (online), ncert foundation course (online), essay writing course for upsc cse (online), ethics course for upsc cse (online), upsc interview marks booster course (online), rs.9999   rs.4999.

About ClearIAS Team

ClearIAS is one of the most trusted learning platforms in India for UPSC preparation. Around 1 million aspirants learn from the ClearIAS every month.

Our courses and training methods are different from traditional coaching. We give special emphasis on smart work and personal mentorship. Many UPSC toppers thank ClearIAS for our role in their success.

Download the ClearIAS mobile apps now to supplement your self-study efforts with ClearIAS smart-study training.

Reader Interactions

Leave a reply cancel reply.

Your email address will not be published. Required fields are marked *

Don’t lose out without playing the right game!

Follow the ClearIAS Prelims cum Mains (PCM) Integrated Approach.

Join ClearIAS PCM Course Now

UPSC Online Preparation

• Union Public Service Commission (UPSC)
• Indian Administrative Service (IAS)
• Indian Police Service (IPS)
• IAS Exam Eligibility
• UPSC Free Study Materials
• UPSC Exam Guidance
• UPSC Prelims Test Series
• UPSC Syllabus
• UPSC Online
• UPSC Prelims
• UPSC Interview
• UPSC Toppers
• UPSC Previous Year Qns
• UPSC Age Calculator
• UPSC Calendar 2024
• About ClearIAS
• ClearIAS Programs
• ClearIAS Fee Structure
• IAS Coaching
• UPSC Coaching
• UPSC Online Coaching
• ClearIAS Blog
• Important Updates
• Announcements
• Book Review
• ClearIAS App
• Work with us
• Advertise with us
• Privacy Policy
• Terms and Conditions
• Talk to Your Mentor

Featured on

and many more...

ClearIAS Programs: Admissions Open

Thank You 🙌

UPSC CSE 2025: Study Plan

Subscribe ClearIAS YouTube Channel

Get free study materials. Don’t miss ClearIAS updates.

Subscribe Now

IAS/IPS/IFS Online Coaching: Target CSE 2025

Cover the entire syllabus of UPSC CSE Prelims and Mains systematically.

• IAS Preparation
• UPSC Preparation Strategy
• Municipalities 74 Amendment Act 1992

Municipalities [243P - 243ZG]

The system of Municipalities or Urban Local Governments was constitutionalised through the 74th Constitutional Amendment Act of 1992. The provisions in this amendment are included in Part IXA which came into force on June 1, 1993. Therefore, it gave a constitutional foundation to the local self-government units in urban areas. 

This article revolves around an important topic for IAS Exam , that is Municipalities or Urban Local Government, provisions of 74th Amendment Act, 1992. 

It will be useful for GS Mains 2 – polity part of the UPSC Syllabus .  

Table of Contents:

Evolution of Urban Bodies

The institutions of urban local government originated and developed in modern India during the period of British rule. The major events in this context are as follows:

• In 1687-88, the first municipal corporation in India was set up at Madras. 
• In 1726, the municipal corporations were set up in Bombay and Calcutta. 
• Lord Mayo’s Resolution of 1870 on financial decentralisation visualised the development of local self-government institutions. 
• Lord Ripon’s Resolution of 1882 has been hailed as the ‘Magna Carta’ of local self-government. He is called the father of the local-self government in India. 
• The Royal Commission on decentralisation was appointed in 1907, and it submitted its report in 1909. Its chairman was Hobhouse. 
• Under the dyarchical scheme introduced in Provinces by the Government of India Act, 1919, local self-government became a transferred subject under the charge of a responsible Indian minister. 
• In 1924, the Cantonments Act was passed by the Central legislature.
• Under the provincial autonomy scheme introduced by the Government of India Act, 1935, local self-government was declared a provincial subject. 

The candidates can read more relevant information for their upcoming exams from the links provided below:

74th Constitutional Amendment

The 74th Amendment Act of 1992 provides a basic framework of decentralisation of powers and authorities to the Municipal bodies at different levels.  However, responsibility for giving it a practical shape rests with the States.

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. 

Introduction

• The 74th Amendment Act has added a new Part IX-A to the Constitution of India.
• This part is entitled as ‘The Municipalities’ and consists of provisions from Articles 243-P to 243-ZG. 
• Additionally, the act also added a new Twelfth Schedule to the Constitution. This schedule contains 18 functional items of municipalities. 
• The Act has brought Municipalities under the purview of the justiciable part of the Constitution. 
• In other words, state governments are under constitutional obligation to adopt the new system of municipalities in accordance with the provisions of the act [Article 243 Q]. 
• The act aims at revitalising and strengthening the urban governments so that they function effectively as units of local government. 

Historical Background

• In 1989, the Rajiv Gandhi government introduced the 65th Constitutional Amendment Bill (Nagarpalika bill) in the Lok Sabha. The bill aimed at strengthening and revamping the municipal bodies by conferring constitutional status on them. 
• Although the bill was passed in the Lok Sabha, it was defeated in the Rajya Sabha in October 1989 and, hence, lapsed. 
• The National Front Government under V P Singh introduced the revised Nagarpalika Bill in the Lok Sabha again in September 1990. However, the bill was not passed and finally lapsed due to the dissolution of the Lok Sabha. 
• P V Narasimha Rao’s Government also introduced the modified Municipalities Bill in the Lok Sabha in September 1991. It finally emerged as the 74th Constitutional Amendment Act of 1992 and came into force on 1 June 1993. 

Significance

• Towns and cities contribute substantially to the economic development of the country.
• These urban centres also play an important support role in the development of the rural hinterland. 
• To keep this economic transformation in line with needs and realities at the grass-root level, it is necessary that the people and their representatives are fully involved in the planning and implementation of the programmes at the local level. 
• If democracy in Parliament and State Legislatures is to remain strong and stable, its roots must reach towns and villages and the cities where the people live. 

Features of 74th Amendment Act, 1992

The main provisions introduced by the above Act were as follows:- 

Constitution of Municipalities

The Act provides for the constitution of 3 types of municipalities, depending upon the size and area in every state. 

• Nagar Panchayat (for an area in transition from rural to the urban area); 
• Municipal Council for the smaller urban area; and 
• Municipal Corporation for a larger urban area. 

Composition of Municipalities

• The seats shall be filled by direct elections. For this purpose, each municipal area shall be divided into territorial constituencies to be known as wards . 
• The state legislature may provide the manner of election of the chairperson of a municipality. 
• Persons having special knowledge and experience in municipal administration without the right to vote in the meetings of the municipality. 
• The members of the Lok Sabha and the state legislative assembly representing constituencies that comprise wholly or partly the municipal area. 
• The members of the Rajya Sabha and the State Legislative Council registered as electors within the municipal area. 
• The chairpersons of committees (other than ward committees).

Constitution of Wards Committees

• This provides for the constitution of Ward Committees in all municipalities with a population of 3 lakhs or more. 

Reservation of seats

• The Act provides for the reservation of seats for the scheduled castes and the scheduled tribes in every municipality in the proportion of their population to the total population in the municipal area. 
• Further, it provides for the reservation of not less than one-third of the total number of seats for women (including the number of seats reserved for women belonging to the SCs and the STs). 
• The state legislature may provide for the manner of reservation of offices of chairpersons in the municipalities for SCs, STs and women. 
• It may also make any provision for the reservation of seats in any Municipality or offices of chairpersons in municipalities in favour of backward classes. 

Duration of Municipalities

• The municipality has a fixed term of 5 years from the date appointed for its first meeting.
• Elections to constitute a municipality are required to be completed before the expiration of the duration of the municipality. 
• If the municipality is dissolved before the expiry of 5 years, the elections for constituting a new municipality are required to be completed within a period of 6 months from the date of its dissolution. 

Powers and Functions of the Municipalities

• All municipalities would be empowered with such powers and responsibilities as may be necessary to enable them to function as effective institutions of self-government. 
• The State Legislature may, by law, specify what powers and responsibilities would be given to the municipalities in respect of preparation of plans for economic development and social justice and for implementation of schemes as may be entrusted to them. 
• An illustrative list of functions that may be entrusted to the municipalities has been incorporated as the Twelfth Schedule of the Constitution.

Finances of Municipalities

It has been left to the Legislature of a State to specify by law matters relating to imposition of taxes. Such law may specify:

• Taxes, duties, fees, etc. which could be levied and collected by the Municipalities, as per the procedure to be laid down in the State law. 
• Taxes, duties, fees, etc. which would be levied and collected by the State Government and a share passed on to the Municipalities.
• Grant-in-aid that would be given to the Municipalities from the State.
• Constitution of funds for crediting and withdrawal of money by the Municipality.

Finance Commission

The Finance Commission, constituted under Article 243-I to review the financial positions of Panchayati Raj Institutions, shall also review the financial position of the municipalities and will make recommendations to the Governor.

The recommendations of the Finance Commission will cover the following:

• The distribution between the State Government and Municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the State. 
• Allocation of share of such proceeds between the Municipalities at all levels in the State.
• Determination of taxes, duties, tolls and fees to be assigned or appropriated by the Municipalities. 
• Grants-in-aid to Municipalities from the Consolidated Fund of the State. 
• Measures needed to improve the financial position of the Municipalities. 

The governor shall place the recommendations of the commission along with the action taken report before the state legislature. 

Elections to Municipalities

The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to the panchayats and municipalities shall be vested in the State Election Commissions. 

Audit and Accounts

The maintenance of the accounts of the municipalities and other audits shall be done in accordance with the provisions in the State law. The State Legislatures will be free to make appropriate provisions in this regard, depending upon the local needs and institutional framework available for this purpose.

Committee for District Planning

• 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.
• Planning and allocation of resources at the district level for the Panchayati Raj institutions are normally to be done by the Zila Parishad. 

Metropolitan Planning Committees

Every metropolitan area shall have a metropolitan planning committee to prepare a draft development plan. 

Continuance of Existing Laws and Municipalities

• All the state laws relating to municipalities shall continue to be in force until the expiry of one year from the commencement of this act. 
• In other words, the states have to adopt the new system of municipalities based on this act within the maximum period of one year from 1 June 1993, which is the date of commencement of this act. 
• However, all municipalities existing immediately before the commencement of this act shall continue till the expiry of their term, unless dissolved by the state legislature sooner. 

Bar to Interference by Courts in Electoral Matters

• The act bars the interference by courts in the electoral matters of municipalities. 
• It declares that the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies cannot be questioned in any court. 
• It further lays down that no election to any municipality is to be questioned except by an election petition presented to such authority and in such a manner as provided by the state legislature. 

Types of Urban Governments

The following eight types of urban local bodies are created in India for the administration of urban areas:

• Municipal corporation
• Municipality
• Notified Area Committee
• Town Area Committee 
• Cantonment Board
• Special Purpose Agency

Municipal Personnel 

There are three types of municipal personnel systems in India. The personnel working in the urban governments may belong to any one or all three types. These are:

• Separate Personnel System
• Unified Personnel System
• Integrated Personnel System

Municipal Revenue

There are five sources of income of the urban local bodies. These are as follows:

• Tax Revenue
• Non-Tax Revenue
• Devolution 

Municipalities – UPSC Notes:- Download PDF Here

FAQ-about-Municipalities-/-Urban-Local-Government

FAQ about Municipalities / Urban Local Government

Under which list the subject of local government is enlisted, who notifies three types of municipalities.

Other relevant links:

Leave a Comment Cancel reply

Your Mobile number and Email id will not be published. Required fields are marked *

Request OTP on Voice Call

Post My Comment

IAS 2024 - Your dream can come true!

Download the ultimate guide to upsc cse preparation, register with byju's & download free pdfs, register with byju's & watch live videos.

Previously known as Law portal

An Overview of 74th Constitutional Amendment Act

Amendments are an important part of constitution. Our framers of the constitution had written a constitution way back in the year 1949 and that constitution came to force on 26th January.1950. Now with the change in times, the provisions given in the constitution has to be changed or new provisions must be added keeping in mind the welfare of the society. These alterations of the constitution of India are known as amendments. Today we will discuss about the 74th Constitutional Amendment Act also known as 74th CAA.

The 74th Constitutional Amendment Act was passed in December month of the year 1992. The former president of India Shri Shnakar Dayal Sharma gave consent on the bill on 20th April,1993. This Act came to force on 1st June,1993. By the 74th Constitutional Amendment Act, part IXA was added to the constitution of India and this amendment also added 12th schedule to the constitution. This amendment gave the power for setting up the Urban Local Government or City Government like nagar panchayats, municipalities and municipal corporation in the cities and towns. This initiative was taken in order to enhance the development of the urban areas. This act decentralized the powers of the center to the local government bodies.

Now we will look into some of the provisions mentioned in the act

• Article 243Q of the constitution provides for the formation of o urban local bodies. Urban local bodies are divided into three types- Nagar panchayats, municipal council or municipality and municipal corporation. All of these three types of urban local bodies are classified based on the population of the town or city. Nagar panchayats are formed with a minimum population of eleven thousand (11,000) to a maximum population of twenty-five thousand (25,000). Nagar panchayats are actually those local bodies which are recently developed from a village to a town. They are also called as municipal board. Next comes the municipality or the municipal council, also known as Nagar Palika. Municipality is formed with a population ranging between one hundred thousand (100,000) to one million (1,000,000). However, of the population crosses over twenty-five thousand (25,000) municipalities are formed. And the last are the municipal corporations or Nagar Nigam. These are the local governing bodies which has a very large population exceeding 1 million (1,000,000). The municipal corporations are found in very large cities like Mumbai, Chennai, Delhi, Kolkata, Bengaluru etc.
• It told that the Urban local bodies are to be elected directly by the local people of the area for a period of five years. The term is held from the beginning of the first meeting after the newly formed municipal committee to the exact date after five years. The elections are governed by the Election Commission of India. This provision is mentioned in article 243U of the constitution.
• This Act constituted that there will be a reservation of one-third of the committee for the women. The women must be a part in running of urban local government. They have to be a part in order to recognize women safety in that locality.
• The Urban local bodies are given powers to legislate and form new schemes in order to develop the locality. The new schemes that are taken are built to enumerate social justice and economic development. In other words, the constitution gave powers to the urban local bodies the power to form laws for its locality but only for the development of the locality. This specific power is given to the urban local government in article 243W of the Indian constitution.
• The State legislature can assign new types of taxes, tolls, duties, permits in order to maintain these urban local bodies.

These were the major provisions which were mentioned under this act. Article 243P defines metropolitan area as a place where the population exceeds 1 million (1,000,000). This is referred to as municipal corporation or Nagar Nigam. According to article 243S of the constitution of India, there is a provision of forming wards in a locality. Every urban local bodies are to be constituted of one or more wards. Thus, this article provides for the formation of ward committees.

Now we will talk about the eighteen functions that are mentioned in the twelfth schedule of the Constitution of India. These functions are as follows: –

1. There must be a proper urban planning including town planning. This means the urban local bodies must do a proper planning in order to properly develop the city o the town. 2. There must be a proper land management for the proper construction of buildings and structures. It is the duty of urban local body to effectively manage the land in order that no land is left wasted or unproductive. 3. The urban local bodies must provide for proper plans in order to do economic and social development. 4. These local governing bodies must build proper roads and bridges for a better communication. 5. The bodies must do a proper water supply for the domestic, industrial and institutional purposes. 6. These bodies must provide for proper health service. 7. The bodies must arrange for fire services. 8. The bodies must secure urban forestry and protection of wildlife. 9. The bodies must safeguard the interest of the weaker sections of the society. 10. There must be a proper slum development and upgradation that helps to enhance the positions of the BPL people. 11. The bodies must ascertain for the removal of poverty in its constituency. 12. The bodies must build amenities like parks, gardens and playgrounds. 13. The bodies must promote the educational and cultural aspects of that place. 14. The bodies must provide for proper burial grounds and crematoriums. 15. The bodies must keep records of the birth and death of that locality. 16. The bodies must construct and provide amenities like bus stops, parking lots and street lighting. 17. There must be a regulation in slaughter houses and tanneries. 18. The bodies must ascertain that there must be no cruelty to the animals.

According to article 243Z, the accounts of the municipality are to be checked and audited every year in accordance to the provisions in the state law. According to article 243ZA there is provision for superintendence, direction and control of the electoral rolls of that locality. Article 243ZB makes provisions for the applicability of this amendment to the union territories as well. Article 243ZC talks about the non-applicability of this amendment in some areas like the scheduled areas referred in article 244 of the constitution like Assam, Meghalaya, Mizoram and some areas covered under Darjeeling Gorkha hill council.

Now for the critical analysis we have to understand article 12 of the Indian constitution. The article 12 defines ‘state’. According to the definition ‘State’ refers to –(i) Government of India and the parliament (ii) Government and state legislature (iii)local authorities (iv) other authorities. This local government defines all the governing bodies that helps in upbringing of a locality or a society like the village panchayats, municipal board, municipality and municipal corporation. The term local authority is described in section 3(31) of the General Clauses Act. Thus, from the critical analysis it is found that the urban local bodies fall under ‘State’ according to article 12.

Amendments are really necessary for the betterment of a society and locality. The amendment of 1992 or the 74th Constitutional amendment helped to form local governing bodies in order to develop and enhance a locality in which we live. It is impossible for central or state government to monitor every locality. Thus, this amendment is brought in the parliament and added a whole new system in proper governance of the country.

Author: Sattwik Biswas, 2nd Year BBA LLB under IFIM Law School, Bangalore

You may also like

Leave a comment cancel reply.

Save my name, email, and website in this browser for the next time I comment.

Notify me of follow-up comments by email.

Notify me of new posts by email.

Search This Blog

Indian constitution.

Constitution of India, Indian Kanoon, Latest Laws, Landmark Judgments, Live Law & News Updates

• Indian Kanoon
• Landmark Judgments
• Kanoon Ki Jankari
• US Supreme Court Landmark Cases
• CRPC in Hindi
• Supreme Court Judgement 2022
• AOR Exam Supreme Court

74th Amendment in Constitution of India | 74 Constitutional Amendment

Post a Comment

Popular posts from this blog, भारतीय संविधान से संबंधित 100 महत्वपूर्ण प्रश्न उतर.

100 Questions on Indian Constitution for UPSC 2020 Pre Exam

संविधान की प्रमुख विशेषताओं का उल्लेख | characteristics of the constitution of india.

• Classroom Programme
• Interview Guidance
• Online Programme
• Drishti Store
• My Bookmarks
• My Progress
• Change Password
• From The Editor's Desk
• How To Use The New Website
• Help Centre

Achievers Corner

• Topper's Interview
• About Civil Services
• UPSC Prelims Syllabus
• GS Prelims Strategy
• Prelims Analysis
• GS Paper-I (Year Wise)
• GS Paper-I (Subject Wise)
• CSAT Strategy
• Previous Years Papers
• Practice Quiz
• Weekly Revision MCQs
• 60 Steps To Prelims
• Prelims Refresher Programme 2020

Mains & Interview

• Mains GS Syllabus
• Mains GS Strategy
• Mains Answer Writing Practice
• Essay Strategy
• Fodder For Essay
• Model Essays
• Drishti Essay Competition
• Ethics Strategy
• Ethics Case Studies
• Ethics Discussion
• Ethics Previous Years Q&As
• Papers By Years
• Papers By Subject
• Be MAINS Ready
• Awake Mains Examination 2020
• Interview Strategy
• Interview Guidance Programme

Current Affairs

• Daily News & Editorial
• Daily CA MCQs
• Sansad TV Discussions
• Monthly CA Consolidation
• Monthly Editorial Consolidation
• Monthly MCQ Consolidation

Drishti Specials

• To The Point
• Important Institutions
• Learning Through Maps
• PRS Capsule
• Summary Of Reports
• Gist Of Economic Survey

Study Material

• NCERT Books
• NIOS Study Material
• IGNOU Study Material
• Yojana & Kurukshetra
• Chhatisgarh
• Uttar Pradesh
• Madhya Pradesh

Test Series

• UPSC Prelims Test Series
• UPSC Mains Test Series
• UPPCS Prelims Test Series
• UPPCS Mains Test Series
• BPSC Prelims Test Series
• RAS/RTS Prelims Test Series
• Daily Editorial Analysis
• YouTube PDF Downloads
• Strategy By Toppers
• Ethics - Definition & Concepts
• Mastering Mains Answer Writing
• Places in News
• UPSC Mock Interview
• PCS Mock Interview
• Interview Insights
• Prelims 2019
• Product Promos
• Daily Updates

Indian Polity

Make Your Note

30th Anniversary of the 73rd and 74th Amendments

• 14 Mar 2023
• GS Paper - 2
• Local Self Governance
• Co-operative Federalism

For Prelims: 73 rd and 74 th Amendment, 11 th Schedule of the Constitution, Distribution of power, 2 nd ARC.

For Mains: Status of Democratic Decentralisation in India, Challenges Related to Decentralisation in India.

Why in News? ‘

The year 2023 marks the 30 th anniversary of the 73 rd and 74 th Amendment to the Indian Constitution. But still India’s local government requires many technical, administrative and financial fixes.

What are the 73 rd and 74 th Constitutional Amendments?

• Panchayati Raj Institution was constitutionalized through the 73 rd Constitutional Amendment Act, 1992.
• This act has added a new Part-IX to the Constitution of India and consists of provisions from Articles 243 to 243 O.
• In addition, the act has also added a new 11 th Schedule to the Constitution and contains 29 functional items of the panchayats.
• Urban local governments were constitutionalized through the 74 th Amendment Act during the regime of P.V. Narsimha Rao's government in 1992. It came into force on 1st June 1993.
• It added Part IX -A and consists of provisions from Articles 243-P to 243-ZG.
• In addition, the act also added the 12 th Schedule to the Constitution. It contains 18 functional items of Municipalities.

What is the Status of Democratic Decentralisation in India?

• This has led to greater participation of citizens in governance and decision-making processes.
• Local governments are more directly accountable to citizens, and decision-making processes are more transparent and open to public scrutiny.
• This has led to more inclusive policies that address the needs and interests of all citizens, regardless of their social, economic, or cultural background.
• Some states and regions have been more successful in implementing decentralisation than others, which has led to uneven development outcomes.
• In most cases, the Municipal Commissioner, appointed by the State Government has all the powers and the elected Mayor ends up performing the role of the subordinate.
• While some have their own building, they lack basic facilities such as toilets, drinking water, and electricity.
• Although Panchayats have internet connections, they are not always functional. Panchayat officials have to visit Block Development offices for any data entry purposes, which delays the work.

Way Forward

• This can be done by revising laws, regulations and procedures that constrain the functioning of local governments
• This can be achieved through training programs, exchange visits and mentoring.
• Community participation can be enhanced through awareness campaigns, public meetings and consultations.

UPSC Civil Services Examination, Previous Year Questions (PYQ)

Q1. Local self-government can be best explained as an exercise in (2017)

(a) Federalism (b) Democratic decentralisation (c) Administrative delegation (d) Direct democracy

Q2. The fundamental object of the Panchayati Raj system is to ensure which among the following? (2015)

• People’s participation in development
• Political accountability
• Democratic decentralisation
• Financial mobilisation

Select the correct answer using the code given below

(a) 1, 2 and 3 only (b) 2 and 4 only (c) 1 and 3 only (d) 1, 2, 3 and 4

Q1. Assess the importance of the Panchayat system in India as a part of local government. Apart from government grants, what sources can the Panchayats look out for financing developmental projects? (2018)

Q2. To what extent, in your opinion, has the decentralisation of power in India changed the governance landscape at the grassroots? (2022)

• UPSC History Notes
• UPSC Geography Notes
• UPSC Polity Notes
• UPSC Ethics Notes
• UPSC Economics Notes
• UPSC Science and Technology Notes
• UPSC Govt. Schemes Notes
• UPSC eligibility-criteria
• UPSC Syllabus
• UPSC Exam Pattern
• UPSC Admit Card
• UPSC Optional Subject
• UPSC Prelims Syllabus
• UPSC Main Exam Pattern
• UPSC prelims-2024-exam-pattern

74th Amendment of the Indian Constitution

74th Amendment of the Indian Constitution, 1992 became effective on June 1, 1993. It introduced Part IX A, focusing on municipalities and granting constitutional status to Urban Local Bodies (ULBs). It introduced the concepts of local self-government and municipality in India.

The main purpose of the 73rd and 74th Constitutional Amendments is to decentralize power and promote local self-government by transferring power to rural people.

In this article, we will read about the 74th Amendment of the Indian Constitution, its history, objectives, provisions, significance, and features. You will also read about municipalities or urban local government and the reservation of seats in municipalities.

Table of Content

What is the 74th Amendment of the Indian Constitution?

History of the 74th amendment of the indian constitution, objectives of the 74th amendment of the indian constitution, provisions of 74th amendment of the indian constitution, significance of 74th amendment of the indian constitution, features of 74th amendment of the indian constitution, reservation of seats in the.

The 74th Constitutional Amendment Act of the Indian Constitution was proposed in 1992 but came into force on 1st June 1993. It introduced the concept of local self-government and municipality in India. The system of Municipalities or “Nagarpalika” was constitutionalized through this amendment act. The 74th Amendment Act of the Indian Constitution, 1992 has introduced a new Part IXA in the Constitution, which deals with Municipalities in articles 243 P to 243 ZG. This amendment is, also known as the Nagarpalika Act.

The need for urban governance was highlighted by various committees and commissions, including the Balwant Rai Mehta Committee (1957), the GVK Rao Committee (1985), and the Sarkaria Commission (1988). The 74th Constitutional Amendment Act of the Indian Constitution was proposed in 1992 but came into force on 1st June 1993. 74th Amendment Act dealt with municipalities and urban local bodies(ULBs) . This amendment was passed in 1992 to ensure further power devolution to local governments and bolster the democratic framework of urban local authorities. It attempted to encourage local self-governance and highlighted the necessity of elected representation in metropolitan areas.

Also Read: Roles and Functions of Local Government Importance of Local Government Bodies

The Objectives of the 74th Amendment of the Indian Constitution are as follows:

• Municipalities were granted constitutional status through the 74th Constitutional Amendment.
• This inclusion brings them under the justiciable provisions of the Constitution.
• State governments are constitutionally mandated to implement the new municipal system by the act’s provisions.
• The primary goal of the act is to strengthen and rejuvenate municipal governments.
• The aim is to enable municipalities to efficiently fulfill their responsibilities as local government entities.

The following are the provisions of the 74th Amendment of the Indian Constitution:

• 74th Amendment act added a new part to the Constitution, Part IX-A.
• Part IX-A consist of articles from 243-P to 243-ZG.
• This act offers a structure for the delegation of responsibilities and tasks to Municipalities system entities at various state levels.
• Provisions for the reservation of seats for SCs, STs, and women in municipal bodies to promote social justice and gender equality.
• Municipalities must receive powers, duties, and responsibilities from the state in order for them to operate as institutions of self-governance.
• The 74th Amendment to the Constitution outlines the rules pertaining to the holding of local body elections, guaranteeing an open and democratic process.

The economic expansion of the country is significantly influenced by cities and towns. These urban hubs play a major role in the development of the rural hinterland.

• The amendment aims to decentralize urban administration by recognizing urban local bodies (ULBs) as organizations of self-government.
• It aimed to strengthen local government authority and decision-making skills.
• To sustain this economic transformation in accordance with needs and realities at the grassroots level, the people and their representatives must be fully involved in the planning and execution of the local programs.
• If democracy is to stay strong and stable in the Parliament and State Legislatures, its roots must reach into the towns, villages, and cities where people live.

The following are the features of 74th Amendment of the Indian Constitution:

• There are three kinds of Municipalities present in every State. Nagar Panchayat, Municipal Council, Municipal Corporation are three kinds of Municipalities.
• All the members of a Municipality are to be directly elected by the people of the Municipal area.
• Duration of the municipality has been fixed at 5 years from the date appointed for its first meeting.
• The minimum age to be qualified as a member is 21 years.
• The manner of election of Chairpersons of municipalities has been left to be specified by the State Legislature.

Reservation of the seats for the Scheduled castes and scheduled tribes in every municipality corporation has to be provided in proportion to their population to the total population in the municipal area.

• The proportion of seats to be reserved for SC/ST to the total number of seats has to be same as the proportion of the population of SC/ST in the municipal area.
• The reservation has to be made for only those seats that are to be filled by the direct elections. (This means no reservation for nominated seats)
• This article also provides that not less than one-third of the total number of seats reserved for SC/ST shall be reserved for women belonging to SC/ST. (Mandatory provision)
• In respect of women, the seats shall be reserved to the extent of not less than one-third of the total number of seats. This includes seats reserved for women belonging to SC/ST. These reservations will apply for direct elections only. (Mandatory provision)
• There are no bar on State Legislatures from making provisions for reservation of seats in any municipality or office of Chairperson in the municipalities in favor of backward class of citizens. (Optional Provision). {Article 243S}

Conclusion – 74th Amendment of the Indian Constitution

The 74th Amendment Act was passed in 1992 during P.V. Narsimha Rao’s administration, which had provisions for constitutionalized urban local councils. It came into force on June 1st, 1993. It added Part IX-A and consists of provisions from Articles 243-P to 243-ZG. This amendment act also added the 12th Schedule to the Constitution. It contains 18 functional matters of Municipalities. All members of the municipality should be elected directly by the people. Each municipal area shall be divided into territorial constituencies known as wards. A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee. A Wards Committee consists of two or more wards, one of the members representing such wards in the Municipality elected by the members of the Wards Committee shall be the Chairperson of that Committee.

People Also Read: 105th Constitutional Amendment Act, 2021 – Impact and Significance 13th Amendment of the Indian Constitution 88th Amendment Act 2003 of Indian Constitution 102nd Amendment of the Indian Constitution

FAQs on 74th Amendment of the Indian Constitution

Why 74th constitutional introduced in indian constitution.

74th Amendment Act was introduced to decentralize power and promote local government by forming Municipalities for urban areas.

What is the difference between 73rd Constitutional Amendment and 74th Constitutional Amendment?

The 73rd Constitutional Amendment introduced the Panchayati Raj System to rural India while the 74th Amendment introduced the Municipality System to urban India.

Which part was added in Indian Constitution after 74th Amendment Act?

Part IX-A was added in Indian Constitution after 74th Amendment Act.

Which area of country is known as Metropolitan area?

According to Article 243P, Metropolitan area in the country is an area where population is above 10 Lakh.

What is the significance of the 74th Constitutional Amendment?

The 74th Constitutional Amendment act provide decentralization of powers from higher level to lower level. This act provides a basic framework of decentralization of powers to the municipal bodies at different levels.

What is the other name of 74th Amendment?

The 74th Constitutional Amendment act is also known as “Nagarpalika act”.

What is the 74th Amendment Act 12th schedule?

12th Schedule was added after the 74th constitutional amendment in 1992. This Schedule contains 18 provisions.

What is the conclusion of the 74th Amendment?

The 74th Amendment provides provisions for Municipalities. The 74th amendment of the Indian Constitution incorporated the 12th schedule.

References:

cag.gov.in/

mohua.gov.in/

www.education.gov.in/

en.wikipedia.org/

Please Login to comment...

Similar reads.

• Geeks Premier League
• Geeks Premier League 2023
• Best 10 IPTV Service Providers in Germany
• Python 3.13 Releases | Enhanced REPL for Developers
• IPTV Anbieter in Deutschland - Top IPTV Anbieter Abonnements
• Best SSL Certificate Providers in 2024 (Free & Paid)
• Content Improvement League 2024: From Good To A Great Article

Improve your Coding Skills with Practice

What kind of Experience do you want to share?

Salient Features of 74th Constitutional Amendments – Indian Polity Notes

Amruta Patil

Aug 9, 2024

IAS Exam Latest Updates

• 09 August, 2024 : UPSC Mains Schedule 2024 Out; Exam from September 20

The Constitution (Seventy-First Amendment) Act of 1992 added a new Part IXA to the Constitution, which includes articles 243 P to 243 ZG that deal with municipalities. On June 1, 1993, this modification, commonly known as the Nagarpalika Act, went into effect. It has given municipalities constitutional status and placed them within the justified section of the constitution. The UPSC Indian Polity and Governance Syllabus include the Salient Features of the 74th Constitutional amendments which are described in this article.

Features of 74th Amendment Act,1992

The following were the main provisions introduced by the above Act: -

Constitution of Municipalities

The Act establishes three different types of municipalities, based on the size and area of each state.

• Nagar Panchayat (for an area in transition from rural to the urban area);
• Municipal Council for the smaller urban area; and
• Municipal Corporation for a larger urban area.

Composition of Municipalities

• Direct elections will be used to fill the seats. Each municipal region will be divided into territorial constituencies known as wards for this purpose.
• The manner in which a municipality's chairperson is elected may be determined by the state legislature.
• Persons with unique expertise and experience in municipal administration who do not have the right to vote in municipal meetings.
• Members of the Lok Sabha and state legislatures that represent constituencies that encompass the municipal area in whole or in part.
• Within the municipal area, members of the Rajya Sabha and the State Legislative Council registered as voters.
• Committee chairpersons are those who are in charge of a group of people (other than ward committees).

Constitution of Wards Committees

Ward Committees must be formed in all municipalities with a population of 3 lakhs or more, according to this law.

Reservation of seats

• The Act mandates that seats be reserved for scheduled castes and scheduled tribes in every municipality based on their population percentage to the overall population of the municipality.
• It also stipulates that at least one-third of the total number of seats be designated for women (including the number of seats reserved for women belonging to the SCs and the STs).
• The state legislature may establish a method for reserving chairperson ships in municipalities for SCs, STs, and women.
• It may also create any provision for the reservation of seats or chairperson ships in municipalities for members of the backward classes.

Duration of Municipalities

• From the date of its first meeting, the municipality has a fixed term of 5 years.
• Elections to form a municipality must be performed before the municipality's duration expires.
• If the municipality is dissolved before the 5-year period has expired, the elections to form a new municipality must be conducted within 6 months of the date of dissolution.

Powers and functions of Municipalities

• All municipalities would be given the authorities and responsibilities they need to function as efficient self-government organizations.
• The State Legislature may establish by law what authorities and obligations the municipalities will have in developing plans for economic development and social justice, as well as implementing schemes entrusted to them.
• The Twelfth Schedule of the Constitution contains an example list of functions that may be entrusted to municipalities.

Finances of Municipalities

The Finance Commission, which was established under Article 243-I to examine the financial standing of Panchayati Raj Institutions, will now examine the financial standing of municipalities and offer recommendations to the Governor.

The recommendations of the Finance Commission will cover the following:

• The net earnings of the State's levied taxes, charges, tolls, and fees are distributed between the State Government and Municipalities.
• Distribution of a portion of the earnings to municipalities at all levels of government in the state.
• Municipalities assign or appropriate taxes, duties, tolls, and fees.
• Grants-in-aid from the State's Consolidated Fund to municipalities.
• Municipalities must take steps to improve their financial situation.

The governor must present the commission's recommendations, as well as the action is taken report, to the state legislature.

Election to Municipalities

The State Election Commissions are in charge of supervising, directing, and controlling the production of electoral rolls for, and the conduct of, all elections to panchayats and municipalities.

Audit and Accounts

Municipal accounting must be kept up to date, and additional audits must be performed in compliance with state legislation. State legislatures shall be allowed to establish suitable laws in this regard, based on local needs and available institutional structure.

Committee for District Planning

• Every state must establish a district planning committee at the district level to aggregate the plans developed by panchayats and municipalities in the district and to draft a district-wide development plan.
• The Zila Parishad is in charge of planning and allocating resources for Panchayati Raj institutions at the district level.

Metropolitan Planning Committees

A metropolitan planning committee is required in every metropolitan region to prepare a draft development plan.

Continuance of Existing Laws and Municipalities

• All state legislation relating to municipalities must remain in effect for one year following the date of enactment of this act.
• In other words, states must adopt the new municipal system based on this legislation within one year of the date of its enactment, which is June 1, 1993.
• All municipalities that existed before the passage of this act will continue to exist until their terms expire unless the state legislature dissolves them sooner.

Bar to interference by Courts in Electoral Matters

• The act prohibits judges from interfering in municipal election affairs.
• It declares that the constitutionality of any statute relating to the delimitation of constituencies or the allocation of seats to those constituencies cannot be challenged in any court.
• It also states that no election to any municipality may be challenged unless an election petition is filed with the appropriate authority and in the way prescribed by the state legislature.

The 74th Amendment gave states broad rules for creating urban local government control. The Indian government's historic initiative in 1993 was founded on the assumption that all "power" in a democracy belongs to the "people" by right. It ensures the regularity of elections, financial decentralization, tax collecting agencies, and other regular functions for these small communities.

Question: Explain the duration of Municipalities?

The municipality has a fixed term of 5 years starting from the date of its first meeting. Elections for the formation of a municipality must be held before the municipality's term ends. If the municipality is dissolved before the 5-year period has expired, new municipal elections must be held within 6 months after the dissolution date.

Question: What are the Functions and Powers of Municipalities?

All municipalities would be given the powers and responsibilities they require to function as effective self-governing entities. The State Legislature may legislate what powers and responsibilities municipalities will have in developing economic growth and social justice programs, as well as implementing schemes entrusted to them. The Constitution's Twelfth Schedule gives an example list of responsibilities that municipalities may be entrusted with.

Question: What are the constitutional provisions of Municipalities?

Articles 243 P to 243 ZG, which deal with municipalities, were added to the Constitution by the Constitution (Seventy-First Amendment) Act of 1992.

Question: Which of the following are true of the provisions of the 74th Amendment Act in municipalities?

• Wards Committees, for wards with a population of two lakhs.
• The state Governor may authorize them to levy, collect, and appropriate taxes.
• A Municipal Council for smaller Urban areas.
• The Twelfth Schedule contains 20 functional items for the municipalities.

(a) 1, 3 and 4

(b) 1, 2 and 4

(d) 3 and 4

Answer: (c) See the Explanation

Wards Committees, for wards with a population of three lakhs. So statement 1 is incorrect.

Municipalities assign or appropriate taxes, duties, tolls, and fees. So statement 2 is incorrect.

The Twelfth Schedule contains 18 functional items for the municipalities. So statement 3 is incorrect.

Question: Consider the following statements: [UPSC 2005]

• Part IX of the Constitution of India contains provisions for Panchayats and was inserted by the Constitution (73rd Amendment) Act, 1992.
• Part IX-A of the Constitution of India contains provisions for municipalities and Article 243–Q envisages two types of municipalities – a Municipal Council and a Municipal Corporation for every State.

Which of the statements given above is/are correct?

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: (a) See the Explanation

Part IX and the Eleventh Schedule were inserted by the 73rd Constitutional Amendment Act of 1992, which includes provisions for Panchayats in Part IX-A. The 74th Constitutional Amendment Act of 1992 added the Twelfth Schedule, which contains provisions for municipalities, but Article 243 Q envisions three types of municipalities: Nagar Panchayats for transitional areas, Municipal Councils for smaller urban areas, and Municipal Corporations for larger urban areas.

UPSC - Geography - Geographical Grid

Upsc - economy - agriculture and food management, upsc - science & tech - science and technology, upsc : polity - constitutional bodies, upsc : ancient history - rise of magadha and maurya age, upsc cse : polity - fundamental rights - 01, daily quiz: up police: mental ability (direction sense), daily quiz: rrb ntpc: (series), daily quiz: ctet: science (science around us), daily quiz: ctet: social studies (human geography), daily quiz: ctet: history (gupta period), daily quiz: delhi police: problem solving (direction & distance), daily quiz: ctet: physics (electricity and magnetism), daily quiz: upsc cse (ias): national movement (1905-1919) - ii, 5 oct daily ca quiz for upsc & state pscs, ias 2025 general studies(paper1) : polity and governance sectional test(aug 28-31), ias 2025 csat(paper ii) : comprehension sectional test(aug 28-31).

UPSC CDS General Knowledge All India Mock Test

Upsc civil services prelims csat full test 7, upsc civil services prelims csat full test 6, upsc civil services prelims csat full test 5, upsc civil services prelims csat full test 4, upsc civil services prelims csat full test 3, upsc civil services prelims csat full test 2, upsc civil services prelims csat full test 1, upsc civil services prelims general studies full test 11, upsc civil services prelims general studies full test 10, upsc civil services prelims 2023: general studies (set - a - held on 28 may), upsc cse 2023 (prelims paper-1: general studies) previous year paper (28-may-2023), upsc civil services prelims 2022: csat official paper, upsc civil services prelims 2022: general studies official paper, upsc cse 2022 (prelims paper-2: csat) previous year paper (05-jun-2022), upsc cse 2022 (prelims paper-1: general studies) previous year paper (5-june-2022), upsc civil services exam (prelims) csat official paper-ii (held on: 2021), upsc civil services exam (prelims) general studies official paper-i (held on: 10 oct 2021), upsc cse 2021 (prelims paper-2: csat) previous year paper (10-oct-2021), upsc cse 2021 (prelims paper-1: general studies) previous year paper (10-oct-2021).

28 August 2024 Daily Current Affairs Analysis

27 August 2024 Daily Current Affairs Analysis

26 August 2024 Daily Current Affairs Analysis

24 August 2024 Daily Current Affairs Analysis

23 August 2024 Daily Current Affairs Analysis

22 August 2024 Daily Current Affairs Analysis

21 August 2024 Daily Current Affairs Analysis

20 August 2024 Daily Current Affairs Analysis

17 August 2024 Daily Current Affairs Analysis

16 August 2024 Daily Current Affairs Analysis

74th Amendment of the Indian Constitution

The Seventy-Fourth Amendment Act of the Indian Constitution of 1992 dealt with the devolution of power into the systems of Municipalities or Urban Local Governments.

It specifically catered to bringing down power to the grassroots level. In other words, this amendment dealt with municipalities or urban local government units.

As a result, it provided a constitutional framework for urban local self-government groups.

In this article, we will discuss the historical background, objectives, and features of the 74th Amendment of the Indian Constitution.

This article will take you through how the 74th amendment sets a framework for the decentralization of duties and obligations to basic units at the grass root level.

This is an important topic for  UPSC  Exams. So, read on to learn this amendment thoroughly.

Why Urban Bodies?

Urban bodies provide a substantial contribution to the country’s economic growth. If this development is to be maintained people and their representatives must be fully involved in the formulation and execution of programs at the local level.

That is, if democracy is to stay strong, its roots must reach towns, villages, and cities where people live.

The Indian Constitution has extensive measures for safeguarding democracy’s protection in Parliament and state legislatures.

As a result, democracy has persisted and thrived in these institutions. However, the Constitution does not make local self-government in cities an explicit constitutional need.

Democracy in municipal government was unstable as a result of an insufficient Constitutional framework for Local Self Government.

As a result, many metropolitan municipal governments were weak democratic units that couldn’t function efficiently.

The reduced standing of urban local governments galvanized public sentiment in favour of the need for a constitutional guarantee to protect the interests of urban local governments.

Evolution of Urban Bodies

Now, you read about the need for proper development of urban administrative bodies in the last section.

Before we go into the constitutional amendment that dealt with aspects of the urban administrative bodies, let us look at how these evolved historically from the British regime to now.

• 1687-1688 – First Indian municipal corporation specified at Madras
• 1726 – Municipal corporations founded in other places like Calcutta and Mumbai
• 1870 – Lord Mayo’s Financial Decentralisation Resolution
• 1882 – Lord Ripon passed the “Magna Carta” of municipal self-government.
• 1907-1909 – In 1907, Royal Commission on Decentralization was constituted and additional reports were issued in 1909.
• 1919 – The Government of India Act made local self-government a transferred subject
• 1924 – The Cantonments Act was approved
• 1935 – Local self-government was specified as a provincial subject.

The 74th Amendment of the Indian constitution decentralized powers and functions to municipal organizations at various levels of administration.

It provided statutory provisions for urban administrative bodies that are towns and cities. Constitutionally, it amended  article 280  and inserted Part 9A and  Schedule 12.

Let us brush through the official details of the constitutional status of this amendment. The 74th CAA was brought into motion on 1 June 1993.

The Joint Parliamentary Committee’s report was brought up for discussion and passed by the Lok Sabha and the Rajya Sabha on December 1992. and it obtained the President’s assent on April 20, 1993.

The “Constitution (Seventy-Fourth Amendment) Act, 1992” was published in the Government Gazette on April 20, 1993. The Constitution (Seventy-Fourth Amendment) Act, 1992 added a new section to the Constitution, Part IXA, which deals with municipal concerns.

Objectives of the 74th Constitutional Amendment

The Statement of Objectives and Reasons begins with an identification of the problem or lack at hand. Local governments in many states have grown weak and ineffectual for a number of reasons.

This means that they are affected by the inability to hold regular elections, protracted supersession, and insufficient devolution of authorities and services.

Thus, urban local governments are unable to function as vibrant democratic self-government entities.

Possible Areas of Improvement

After the assessment of the problem, the amendment goes on to identify the possible areas of improvement:

• Improving the association between the State Government and the Urban Local Bodies in terms of functions, taxation, and revenue sharing understandings
• Conduction of regular election conduct
• Esurance of timely elections in cases of supersession
• Providing adequate representation for the weaker sections such as Scheduled Castes, Scheduled Tribes, and women

The New Pact

The new pact catered to various areas of urban administration, a few of which will be discussed in detail under the section titled features. In brief, it deals with:

• Establishment of three different sorts of municipalities
• Municipalities must have characteristics that will be established by the state legislature
• Choosing a municipality’s chairperson must be in accordance with state legislation
• Creation of Committees at the ward level or at any other level or levels within a Municipality’s geographic boundaries as permitted by State legislation
• Seat reservations in each Municipality
• A set five-year term for the Municipality, followed by a six-month period for reelection. Elections must be held within six months following a municipality’s dissolution if it occurs before the end of its term
• Delegation of authority by the State Legislature to the Municipalities to prepare plans for social justice and economic development and to implement any necessary development plans to allow them to operate as institutions of self-government;
• Imposition of taxes and duties by municipalities, the assignment of those taxes and obligations to municipalities by state governments along with the State’s provision of grants-in-aid to municipalities as specified by state law
• A Finance Commission to examine the municipal finances and provide recommendations
• The Comptroller and Auditor-General of India audits the financial records of Municipal Corporations and presents findings to the state legislature and the Municipal Corporation
• A state legislature passed legislation mandating that municipal elections be run under the supervision, guidance, and control of the state’s top electoral officer
• Applying Bill’s provisions to any Union territory or portion of it with any changes the President may specify
• The Bill’s applicability is limited to the Scheduled Regions listed in Article 244’s first sentence and the tribal areas mentioned in its second clause.
• Disqualification from participation in a municipality
• Restriction on the court’s ability to hear cases involving municipal elections

Link of Relatable Articles :

Constitutional Provision

How are these objectives proposed as constitutional amendments? Let us find the provisions with respect to articles inserted or amended.

Insertion of 9A

Part 9A is inserted after Part 9. Articles  243-P to 243-ZG  were added as a part of it. These Articles include the addition of these concepts:

• Article 243P – Definitions of words like the committee, metropolitan area, municipal area, municipality, panchayat
• Article 243Q – Division of Municipalities into 3 categories namely Municipal Council, Nagar Panchayat, and Municipal Corporation
• Article 243R – Composition of municipalities into wards
• Article 243S – Structure and composition of Ward Committees
• Article 243T – Seat reservations
• Article 243U – Municipality duration
• Article 243V – Ineligibility for membership
• Article 243W – Municipalities’ powers, authorities, and duties
• Article 243X – Municipalities’ ability to levy taxes and manage municipal funds
• Article 243Y – Financial Commission
• Article 243Z – Municipalities’ accounts audit
• Article 243ZA – Election for Municipalities
• Article 243ZB – Application for Union territories
• Article 243ZC – Parts not applied for certain areas
• Article 243ZD – The planning committee for the district
• Article 243ZE – Metropolitan planning committee
• Article 243ZF – Maintaining current laws and municipal structures.
• Article 243ZG – Preventing judges from meddling in electoral processes

Insertion of Schedule 12

Schedule 12 brought in salient features of:

• Town planning, which includes urban planning.
• Land usage and building construction are regulated.
• Making plans for social and economic growth.
• Bridges and roads.
• Water supply for residential, commercial, and industrial uses.
• Solid waste management, sanitation conservation, and public health.
• Fire protection.
• Urban forestry, environmental preservation, and ecological awareness
• Protecting the rights of society’s weakest groups, such as the physically and intellectually challenged.
• Upgrades and improvements to slum areas.
• Urban poverty alleviation
• Presence of areas like gardens, playgrounds, or parks for the urban settlement
• Promotion of aesthetic aspects, ecological aspects, educational awareness, and cultural elements
• Burial grounds or cremation grounds and facilities
• Cattle pens; animal cruelty prevention
• Vital statistics such as registration of birth and death.
• Infrastructure built for the benefit of the public, including parking spaces, bus stations, and streetlights.
• Control over tanneries and slaughterhouses.

Amendment of Article 280

74th Amendment of the Indian Constitution amended article 280. As a modification to Article 280 by the law matters, the sub-clause referring to the measures necessary to augment the Consolidated Fund of a State shall be inserted before sub-clause (d) as so re-lettered in clause (3) of article 280 of the Constitution.

This subclause states that the measures required to boost the Consolidated Fund of a State in order to supplement the Municipalities’ resources within the State are in accordance with the recommendations given by the State’s Finance Commission.

Significance

• The expansion of a country’s towns and cities has a considerable impact on the rate at which the economy of that country expands.
• As the rural hinterland develops, these metropolitan centres provide a crucial support system.
• To sustain this economic development in response to local needs and circumstances, it is essential that people and their representatives take an active role in the design and implementation of local initiatives.
• If democracy is to remain robust and resilient not only in Parliament but also in State Legislatures, it must have deep roots in the communities where people really live. This is because locals will be among the most impacted by any changes made to these areas.

Features of the 74th Amendment Act 1992

Let us look at the features of the 74th Amendment of the Indian Constitution guarantee in detail.

Constitution of Municipalities

The 74th Constitutional Amendment Act creates three distinct classifications of municipalities, including urban municipalities. This categorization of municipalities is based on size and land area as opposed to population. They are as follows:

• Municipal Corporations – A larger and more populous urban area
• Municipal Councils – A smaller urban area
• Nagar Panchayat- A region undergoing a rural-to-urban transformation

Composition of Municipalities

The 74th Amendment of the Indian Constitution provides for the composition of municipal bodies. Here, direct elections will be employed to fill the seats.

This means that all members of the local body must be directly elected by the citizens of the municipality. Each Municipality is divided into territorial constituencies known as wards.

It’s possible that the legislature of the state has some say in who gets to be the chairwoman of a municipality.

The given individuals may also be represented by it in a municipality:

• Individuals without the ability to vote at municipal meetings but who have specific expertise and experience in administration.
• Members of the Lok Sabha and state legislatures who represent districts that completely or partially overlap the municipal territory.
• Members of the Council of States and the State Legislative Council registered to vote in the municipality.
• Chairpersons of committees excluding those of ward committees

Constitution of Wards Committee

Section 243S of the Act mandates the constitution of ward committees in urban areas with a population of three lakhs or more.

The purpose of the wards committee is to ensure citizen participation in decision-making processes and to bring the government and citizens closer together.

Each ward in a municipality shall have a wards committee. These ward committees are responsible for addressing local problems and participating in the planning, administrative, and financial functions of the municipality.

Committee for District Planning

A District Planning Committee must be established in every state at the district level. The Committee for District Planning is a constitutional institution. It is responsible for preparing district-level development plans.

These community development programs are based on factors such as people’s needs, the capacity of a particular area for growth, and the available budgetary resources.

This enables better investment decisions tailored to district needs. In addition, district planning plays a crucial role in social and economic justice planning.

One of the key tasks of the DPC is to consolidate rural and urban plans, which is vital in light of problems associated with urban expansion into rural areas.

Further, it helps to coordinate the plans created by the district’s panchayat and municipalities and to compile a district-wide development plan.

In drafting the Draft Development Plan, the District Planning Committee shall take into account the following factors:

• Matters of common interest to the Panchayats and Municipalities, including spatial planning
• Sharing of water and other physical and natural resources
• Integrated development of infrastructure and environment conservation
• Amount and type of resources, whether financial or otherwise, that are currently available.

Metropolitan Planning Committees

For the purpose of creating a draught development plan for the metropolitan region as a whole, a Committee for Metropolitan Planning must be established in every metropolitan area (with a population of 10 lakhs or more).

The 74th Constitutional Amendment Act of India has set up Metropolitan Planning Committees in several cities across the country.

These committees are composed of elected members of municipal and panchayat bodies, which are responsible for preparing a draft development plan for the metro area.

The MPC is also responsible for reviewing and revising local plans and providing a forum for resolving conflicts.

The following will be taken into consideration by the Metropolitan Planning Committee while creating the Draft Development Plan:

• Integrated development of infrastructure and environmental conservation
• Overall objectives and priorities set by the Government of India and the State Government
• Extent and nature of investments likely to be made
• Matters of common interest between the Municipalities and Panchayats
• Resources whether financial or otherwise

City and State Governments Will Stay the Same

The 74th Amendment of the Indian Constitution brought forth some clarity regarding the continuance of existing laws and municipalities.

All state legislation dealing with municipalities will remain in effect until the end of the year following the passage of this act.

If not disbanded by state legislatures, all municipalities that existed before the enactment of this law can resume existing until the end of their tenure.

Limitation on Judicial Oversight of Elections

The Bar to Interference by Courts in electoral matters is a provision of the 74th Amendment Act of India, which prevents courts from interfering with the conduct of elections.

While the Constitution allows the legislatures and SECs to make rules governing elections, it specifically prohibits courts from interfering with elections.

It states that no court may rule against the legality of any statute governing the creation of constituencies or the distribution of seats among them.

Additionally, it states that no municipal election may be challenged except if a proper procedural petition is submitted to the authorized body.

Reservation of Seats

The Act requires provisions for the reservation of seats for the scheduled castes and scheduled tribes in every municipality.

This is to be calculated based on their number relative to the total population of the municipal territory.

Additionally, it stipulates that at least one-third of the available seats must be designated for women (including the number of seats reserved for women belonging to the SCs and the STs)The state legislature may specify how to reserve chairs in municipalities for women, minorities, and people of colour.

It may also include any clauses for allotment of seats or chair positions in any municipality for members of underprivileged classes.

Duration of Municipalities

According to the Act, Municipalities have a five-year tenure. In case they are dissolved before the end of the tenure, elections to the new municipal body must be held within six months.

Elections to form a municipality are necessary to be conducted before the municipality’s term expires.

Functions and Authorities of Local Governments

All municipalities would be given the authority and responsibility necessary to function as successful institutions of self-government.

The State Legislature may, by law, specify the responsibilities of municipalities with regard to creating plans for social justice and economic growth and carrying out programs delegated to them.

Finances of Municipalities

It has been left to a state’s legislature to establish by law things pertaining to taxation and government finances.

Municipalities derive their revenue primarily from two sources: tax revenue and non-tax revenue.

Due to rapid urbanization, however, there is an increasing possibility of revenue shortfalls, making municipalities reliant on grants, devolution of resources from the central government, and borrowing from financial institutions. This legislation specifies the finance activities as:

• Taxes, duties, fees, and so on that municipalities may levy and collect in accordance with the method outlined in state law.
• Taxes, duties, fees, and so on that would be imposed and collected by the State Government, with a portion distributed to municipalities.
• State grant-in-aid to municipalities
• The facility of funds for the crediting and withdrawal of cash by municipalities

Finance Commission

The Finance Commission was formulated by Article 243-I. It is responsible for reviewing the financial state of Panchayati Raj as well as the Municipalities.

The Finance Commission examines the financial circumstances of municipalities and offers recommendations to the Governor.

The Finance Commission’s proposals and its list of functions will include the following:

• Division of amount amongst State governments and municipalities of what has been received through state-levied taxes, duties, tolls, and fees
• Allocation of a portion of such earnings to municipalities
• Municipality’s allocation and collection of duties, taxes, tolls, and fees.
• Grants-in-aid from the State Consolidated Fund

Elections to Municipalities

The State Election Commissions must be in charge of supervising, directing, and controlling the production of electoral rolls for, and the conduct of, all elections to panchayats and municipalities.

Audit and Accounts

The maintenance of municipal accounts and auditing of municipalities should be carried out in compliance with the norms of State legislation. State legislatures will be allowed to establish suitable legislation in this respect based on local requirements and the institutional structure available.

Types of Urban Governments

For the purpose of managing urban regions, India has established the eight types of urban local bodies listed below:

• Special Purpose Agency
• Cantonment Board
• Town Area Committee
• Notified Area Committee
• Municipality
• Municipal corporation

Municipal Personnel

In India, there are three different kinds of municipal personnel systems. The employees of urban administrations may fall under one of the three categories, or all three. These are:

• Unified Personnel System
• Separate Personnel System
• Integrated Personnel System

Municipal Revenue

Urban local governments draw their income from five different sources. These are listed below:

• Tax Revenue
• Non-Tax Revenue

The Seventy-Fourth Amendment Act of India was passed in 1993. The 74th amendment of the Indian constitution is related to the decentralization of powers.

It was intended to herald a fundamental change in India’s governance of democratic bodies and its institutional framework.

The 74th Amendment of the Indian Constitution is an important piece of legislation, which provides states with broad rules on city governments.

This Act has strengthened the role of urban local bodies and given them decision-making powers.

It includes features that will ensure regular elections, decentralization of tax collection agencies, and regular functions for small communities.

To know more about other Amendments of the Indian Constitution log on to Examarly.

FAQs on the 74th Amendment of the Indian Constitution

What is a local government.

A local government is a form of government that is responsible for governing a specific geographic area, such as a city, town, or county.

What is a municipal corporation?

A municipal corporation is a legal entity that is created by a state government to manage and govern a city or town.

What is the role of local government?

The role of a local government is to provide basic services to its residents, including public safety, sanitation, transportation, and infrastructure development.

How are local governments funded?

Local governments are funded through a variety of sources, including property taxes, sales taxes, and fees for services such as garbage collection and water and sewer services.

How are local government officials elected?

Local government officials are typically elected by the residents of the area they serve. The specific method of the election varies depending on the location, but common methods include at-large elections, district elections, and nonpartisan elections.

Related Posts

Article 66 Of The Indian Constitution

Article 344 of the Indian Constitution

Article 92 Of The Indian Constitution

English Literature Optional Syllabus For UPSC

30 Useful Questions on 73rd and 74th Amendment of Indian Constitution

Table of Contents

In this Section, I will take you through 30 Useful Questions on 73rd and 74th Amendment of Indian Constitution. As per NCERT , During India’s freedom movement, Mahatma Gandhi had strongly pleaded for decentralization of economic and political power. He believed that strengthening village panchayats was a means of effective decentralization. All development initiatives must have local involvement in order to be successful.

Panchayats therefore were looked upon as instruments of decentralization and participatory democracy. Our national movement was concerned about the enormous concentration of powers in the hands of the Governor General sitting at Delhi. Therefore, for our leaders, independence meant an assurance that there will be decentralization of decision making, executive and administrative powers.

73rd and 74th Amendment of Indian Constitution

Also Read: 37 Best Questions on Constitutional Amendment of India

1. What is 73rd Amendment of Indian Constitution is all about ?

Ans. The 73rd Amendment is about Rural Local body or Panchayati Raj Institution.

2. What is 74th Amendment of Indian Constitution is all about ?

Ans. The 74th Amendment of Indian Constitution is about Urban Local Government or Nagarpalikas

3. Which are the 3 Tiers of Panchayati Raj Institution ?

Ans. Below are the 3 Levels in Panchayati Raj Institutions:- a)Zilla Panchayat b)Mandal or Taluka Panchayats c)Gram Panchayat

4. Is Gram Sabha creation was mandatory in 73rd Amendment of Indian Constitution ?

Ans. Yes it is mandatory

5. What is the maximum year term for each level of Panchayati Raj ?

Ans. 5 Years

6. What if state government dissolves the Panchayat before the end of 5 Year term ?

Ans. Fresh Election must be held within 6 months of such dissolution.

7. How much reservation is provided for women in Panchayat ?

Ans. One third of the positions in all Panchayat Institutions are reserved for women.

8. How many state subjects need to be transferred to local body out of 29 State Subjects in 11th Schedule of the Constitution ?

Ans. It depends on state how many out of 29 subjects they transfer to local body.

9. Is 73rd Amendment was made applicable to all Adivasi Populations in India ?

Ans. No a separate act was passed in 1996 to extend Panchayati System in those areas.

10. Is state election commissioner comes under Election Commission of India ?

Ans. No, It is an autonomous body.

11. Which commission examine the financial position of the local government of the state ?

Ans. State Finance Commission

12. Which area is known as Urban Area ?

Ans. Below are the criteria for an area to become an Urban area :- a)Minimum Population of 5000 b)75% of working male population engaged in Non-agricultural activities c)Density of Population of atleast 400 persons per sq.km.

13. Is 74th amendment of Indian Constitution is a repetition of 73rd amendment ?

Ans. Yes only difference is that 74th amendment applies to Urban Body.

14. Is women reservation is also applicable in sarpanch and adhyakshas positions ?

15. who started amendment process of 74th amendment of indian constitution .

Ans. Prime Minister Rajiv Gandhi in 1989

16. Which amendment brought in the definitions of Panchayat and Municipalities within the ambit of Constitution ?

Ans. 7th Amendment

17. When was 74th amendment of Indian Constitution passed ?

Ans. December 1992

18. When was 74th Amendment came into effect ?

Ans. From April 1993

19. As per 2011 Census, how much population lives in Urban Areas ?

20. which amendment is known as sister of 74th amendment .

Ans. 73rd Amendment

21. Which amendment is known as the Panchayati Raj Act ?

22. which amendment is known as the nagarpalika act .

Ans. 74th Amendment

23. Which are the 3 Layers of Nagarpalika ?

Ans. Below are 3 layers of Nagarpalika from top to bottom:- a)Municipal Corporation b)Municipal Council c)Nagar Panchayat

24. Which amendment bill passed in parliament and became 73rd and 74th Amendment ?

Ans. 64th(73rd) and 65th(74th) Amendment Bills

25. Which committee recommended Constitutional Status for Panchayats in 1986 ?

Ans. L.M Singhvi Committee

26. Which article was inserted by 73rd Amendment Act, 1992 ?

Ans. Article 243

27. Which of the Establishment came into being after 73rd Amendment ?

Ans. Three of the Establishment were introduced as part of 73rd Amendment:- a)State Election Commission b)State Finance Commission c)District Planning Committee

28. When do we celebrate National Panchayat Raj day ?

Ans. 24th April

29. Why Dr. B.R Ambedkar was worried about creating a local governing body ?

Ans. Dr. B.R. Ambedkar which felt that the faction and caste-ridden nature of rural society would defeat the noble purpose of local government at the rural level.

30. Why Pandit Jawaharlal Nehru was worried about creating a local governing body ?

Ans. Pandit Jawaharlal Nehru looked upon extreme localism as a threat to unity and integration of the nation.

Reference: 73rd and 74th Amendment

Leave a Comment Cancel reply

Save my name, email, and website in this browser for the next time I comment.

Explain the major features of the 74th Constitutional Amendment Act

February 25, 2024 entranciology IGNOU Assignments Questions and Answers , IGNOU Questions and Answers , M.A. (Public Administration) Assignment Questions and Answers , M.A. (Public Administration) Questions and Answers 0

The 74th Constitutional Amendment Act of 1992 is a landmark legislation that aimed to strengthen urban local governance in India by providing constitutional status to Municipalities and empowering them with greater autonomy, functions, and resources. The amendment introduced significant changes to Part IXA of the Indian Constitution, which deals with the provisions related to Municipalities. Below are the major features of the 74th Constitutional Amendment Act.

Constitutional Status for Municipalities

The 74th Amendment Act inserted a new Part IXA into the Indian Constitution, which provides constitutional status to Municipalities. It recognizes Municipalities as institutions of self-government and empowers them to function as democratic units of local governance.

Three Types of Municipalities

The amendment introduced provisions for the establishment of three types of Municipalities in urban areas:-

• Nagar Panchayats for transitional areas
• Municipal Councils for smaller urban areas
• Municipal Corporations for larger urban areas

Composition of Municipalities

The amendment prescribes the composition of Municipalities, including elected representatives, nominated members, and representation for specific categories such as women, Scheduled Castes (SCs), Scheduled Tribes (STs), and backward classes. It mandates reservations for seats in Municipalities to ensure representation of marginalized groups.

Direct Elections

The 74th Amendment Act mandates that members of Municipalities be elected through direct elections on the basis of adult suffrage. It ensures democratic participation and representation in urban local governance by enabling citizens to elect their representatives to Municipalities.

Reservation of Seats

The amendment provides for the reservation of seats for women, SCs, STs, and backward classes in Municipalities. It ensures inclusiveness and social justice in urban local governance by promoting representation of marginalized and underrepresented groups in decision-making processes.

Functions and Powers of Municipalities

The 74th Amendment Act enumerates the functions and powers of Municipalities, including urban planning, regulation of land use, infrastructure development, public health, sanitation, water supply, street lighting, and maintenance of roads and public amenities. It empowers Municipalities to undertake a wide range of functions essential for urban development and governance.

District Planning Committees

The amendment mandates the establishment of District Planning Committees (DPCs) in every district to consolidate the plans prepared by Municipalities and rural local bodies and to prepare a draft development plan for the district as a whole. DPCs facilitate coordination and integration of urban and rural development initiatives at the district level.

Metropolitan Planning Committees

The amendment provides for the establishment of Metropolitan Planning Committees (MPCs) in metropolitan areas to prepare a draft development plan for the metropolitan area as a whole. MPCs ensure coordinated and integrated planning and development of metropolitan regions, taking into account the interests of Municipalities and other local bodies.

State Election Commission

The amendment mandates the establishment of a State Election Commission to conduct elections to Municipalities and other local bodies. It ensures the conduct of free and fair elections, impartiality, and independence in the electoral process at the state level.

Finance Commission

The amendment mandates the establishment of a Finance Commission by the state government to review the financial position of Municipalities and to make recommendations on the principles for the distribution of financial resources between the state government and Municipalities. It ensures financial autonomy and stability for Municipalities.

In conclusion, the 74th Constitutional Amendment Act introduced significant reforms to strengthen urban local governance in India by providing constitutional status to Municipalities, empowering them with greater autonomy, functions, and resources, and ensuring democratic participation and representation in decision-making processes. The major features of the amendment aimed to promote inclusive and sustainable urban development, enhance the effectiveness of Municipalities, and foster participatory and accountable governance in urban areas.

Related posts:

• Examine the role of Neo-liberal State in the era of globalisation
• Describe the significance of people’s struggles with special reference to the Right to Information
• Analyse the institutional devices and strategies for citizen- administration interface
• Examine the issues confronting the Indian State
• Examine the role of bureaucracy in India
• Discuss the impact of globalisation on developing countries
• Explain the concept of internationalisation of public governance
• What kind of reforms have been adopted under the Judicial system?
• Briefly describe Weber’s contribution to the theory of bureaucracy
• Write a note on the Hawthorne experiments of Elton Mayo
• Describe the structure of an organisation
• Examine Maslow’s Hierarchy of Needs theory
• Describe the features of Douglas McGregor Theory ‘X’ and Theory ‘Y’
• Discuss the concept and components of Organisational culture
• Write a note on Methodological Individualism, Rationality and Economic Analysis of Politics
• Discuss the impact of New Public Management perspective
• Discuss the models of relationship between bureaucracy and Political executive
• Examine the areas of judicial activism
• Describe the concept and approaches of strategic management
• Write a note on the characteristics and structure of Management of Information System
• Discuss important work measurement techniques
• Examine the significance of networking and Inter-Institutional Coordination in governance
• Analyse the models of change management
• Write a note in brief on important models of Strategic Human Resource Management (SHRM)
• Describe the methods of performance appraisal
• Discuss the principles of fixing remuneration
• Examine the various incentive plans – Public Administration Questions and Answers
• Define redeployment and analyse its guiding principles and key issues
• Discuss the approaches and the elements in the learning process
• What is capacity building? Discuss its objectives and significance
• Examine the Rational Policy-Making Model – Public Administration Questions and Answers
• Analyse the role of international agencies in policy process
• Explain the role of Cabinet Secretariat in policy-making
• Highlight the challenges before the civil society organisations
• Discuss the various approaches/models of policy implementation
• Examine the problem areas in policy implementation
• Write a note on various approaches to policy monitoring
• Explain the factors that influence people’s preferences for distribution in the context of society wide distribution of resources
• Describe the impact of decentralised development
• Examine the weaknesses of new Panchayati Raj System

Copyright © 2024 | WordPress Theme by MH Themes

74th Constitutional Amendment Act,1992

Part IX-A has been added to the Constitution by the Constitution Seventy fourth Amendment) Act, 1992. It has inserted 18 new Articles and Twelfth Schedule relating to urban local bodies. It provides setting up of three types of Municipal Corporations. Explaining the purpose behind the introduction of Part IX-A in the Constitution, the Apex Court in Bondu Ramaswamy v. Bangalore Development Authority, " said: The Constitution (Seventy-fourth Amendment) Act, 1992 seeks to strengthen the system of municipalities in urban areas, by placing these self-Governments on sound and effective footing and provide measures for regular and fair conduct of elections.

Constitution of Municipalities (Article 243-Q)

Article 243-Q(1) provides for the establishment of the following types of Municipalities in every State-

• A Municipal Council for a smaller urban area.
• A Municipal Corporation for a larger urban area.

Clause (2) provides that in Article 243Q, "a transitional area", or " smaller urban area" or "a larger urban area" means such area as the Govern may, having regard to the population of the area, the density of the population, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by Public Notification for the purpose of this Part.

Composition Of Municipalities ( Article 243-R)

Article 243R says that, all Municipalities shall be filled by persons chosen by direct election from territorial constituencies in the Municipal area and for this purpose each municipal area shall be divided into territorial constituencies known as wards.

Clause 2 of Article 243R empowers the Legislature of a State to law, for the representation in a Municipality of the following:

• Persons having special knowledge or experience in Municipal administration.
• The members of the Lok Sabha and of the Legislative Assembly of the State representing the constituencies which comprise wholly or partly the Municipal area.
• The members of the Rajya Sabha and of the Legislative Council of the State registered as electors within the Municipal area
• The Chairpersons of the Committees constituted under Clause (5) of Article 243S
• However, the persons referred to in paragraph (i) above shall not have right to vote in the meetings of the Municipality.
• The State Legislature may also provide, by law, the manner of election Chairperson of a Municipality.

Constitution and Composition of Wards Committees (Article 243-S):

Article 243S (1) provides for the constitution of Wards Committees within the territorial area of a Municipality having a population of 3 lakhs or more. The Wards Committee may consist of one or more Wards. The Legislature of a State may, by law, make provision with respect.

• The composition and the territorial area of a Wards Committee
• The manner in which the seats in a Wards Committee shall be filled

Reservation of Seats (Article 243-T):

• Article 243T (1) provides for the reservation of seats in Municipality for the Scheduled Castes, and the Scheduled Tribes in the same proportion as the population of the SCs and STs in the Municipal area bears to the total population of that area. Such seats may be allotted by rotation to different constituencies in a Municipality.
• Of the total seats reserved under Clause (1) above, not less than one-third shall be reserved for Women belonging to the SCs and STs, as the case may be.
• Of the total seats (including the seats reserved for Women belonging SCS & STs) to be filled by direct election in every Municipality.
• Clause(3) of Article 243-T requires that not less than one-third shall be reserved for women and such seats may be allotted by rotation to different constituencies.
• Clause (4) of Article 243-T provides that the offices of Chairpersons in the Municipalities shall be reserved for the SCs & STs and women in manner as the Legislature of a State may, by law, provide.
• Clause (6) empowers the Legislature of a State to make provisions for the reservation of seats, as well as, the offices of Chairpersons in the Municipalities in favour of backward class of citizens.

Duration Of Municipalities (Article 243-U):

• According to Article 243-U (1), every Municipality, unless sooner dissolved under any law for the time being in force, shall continue for 5 years from the date appointed for its first meeting and no longer.
• Clause (2) of Article 243-U further provided that no amendment of any law for the time being in force, shall have the effect of causing dissolution of a Municipality at any level, which is functioning immediately before such amendment, till the expiration of its duration of five years.
• Clause (3) of Article 243-U provides that an election to constitute Municipality shall be completed-
• Before the expiry of its duration of 5 years.
• Before the expiration of a period of six months from the date of its dissolution.

In case of a dissolved Municipality, if the remainder of the period for which it would have continued is less than six months, it shall not be necessary to hold any election for constituting that Municipality for such period. A Municipality constituted upon its dissolution shall continue only for the remainder of the period for which the dissolved Municipality would have continued had it not been so dissolved.

Disqualifications for Membership (Article 243-V)

According to Clause (1) of Article 243-V, a person shall be disqualified for being chosen as, and for being, a member of a Municipality:

• If he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned. However, no person shall be disqualified on the ground that he is less than 25 years of age, if he has attained the age of 21 years.
• If he is so disqualified by or under any law made by the Legislature of the State.

Any question as to whether a member of a Municipality has become subject to any of the disqualifications mentioned above the question shall be referred for the decision of such authority and in such manner as the legislature of a State may, by law, provide.

Power, Authorities and Responsibilities (Article 243W)

It provides that the Legislature of a State, subject to the Constitution, may by law endow:

the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self government.

Power to Impose Taxes, etc. (Article 243-X)

Article 243-X provides that the Legislature of a State may, by law;

• Authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits.
• Assign to Municipality such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits
• Provide for making such grants-in-aid to the Municipalities from the Consolidated Fund of the State
• Provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Municipalities and also for the withdrawal of such moneys there from.

Finance Commission:

Article 243-Y provides that the Finance Commission constituted under Article 243 I shall also review the financial position of the Municipalities and may recommendations to the Governor on all such matters as contained in Article 243 I.

Audit of Accounts of Municipalities (Article 243-Z)

Article 243 Z empowers the Legislature of the State to make provision with respect to the maintenance of accounts by the Municipalities and the auditing of such accounts.

Elections To The Municipalities (Article 243-ZA)

Article 243-ZA envisages that the superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the Municipalities is vested in the State Election Commission (SEC) referred to under Article 243-K (relating to Panchayats). The Legislature of a State may by law, make provisions with respect to all matters relating to, or in connection with, elections to the Municipalities.

Application of Part IX-A to Union Territories (Article 243-ZB) :

Article 243-ZB lays down that the provisions of Part IX-A shall apply to the Union Territories. However, the President may, by public notification, direct that the provisions of Part IX-A shall apply to any Union Territory or part thereof subject to such exceptions and modifications as he may specify in notification.

Exclusion of Application of Part IX-A to certain Areas (Article 243-ZC):

Article 243-ZC lays down that Part IX-A shall not apply to the Scheduled Areas, the Tribal Areas, Darjeeling Gorkha hill council. Clause (3) empowers Parliament to extend, by law, the provisions to Scheduled/Tribal Areas . No such law will be considered as amendment under Article 368.

Committee for District Planning (Article 243-ZD):

Article 243-ZD (1) provides for the constitution of a District Planning at the district level in every State. The main functions of the Committee shall be to consolidate the plansby the Panchayats and the Municipalities in the district and to draft development plan for the district as a whole. The legislature of a State may, by law, make provisions with respect the composition of the District Planning Committee:

• The manner in which the seats in such Committees shall be filled: Provided that not less than four-fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district:
• The functions relating to district planning which may be assigned to such Committee.
• The manner in which Chairpersons of such Committees shall be chosen.

Clause (3) of Article 243-ZD requires that every District Planning shall, in preparing the draft development plan," have regard to -

• Matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation.
• The extent and type of available resources whether financial or otherwise.
• Consult such institutions and organisations as the Governor may by order specify.

Committee for Metropolitan Planning (Article 243-ZE):

Article 243-ZE (1) provides for the constitution of a Planning Committee (MPC) in every Metropolitan area, to prepare a development plan for the Metropolitan area (MA) as a whole. The Legislature of a State may, by law, make provision with respect to –

• The composition of the MPCs
• The manner in which the seats in such Committees shall be filed Provided that not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the MA in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area
• The representation in such Committees of the Government of India and the Government of the State and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such Committees
• The functions relating to planning and co-ordination for the MA which may be assigned to such Committees.
• The manner in which the Chairpersons of such Committees shall be chosen.

Bar to Interference by Courts (Article 243-ZG):

• Article 243-2G (a) provides for the exclusion of jurisdiction of courts in respect of the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made under Article 243-ZA.
• An election to any Municipality or that of the Chairman of the committee shall not be called in question except by an election petition presented to such authority and in such manner as is provided for by or any law made by the Legislature of a State.

Trending now

• Insights IAS Brochure |
• OUR CENTERS Bangalore Delhi Lucknow Mysuru --> Srinagar Dharwad Hyderabad

Call us @ 08069405205

Search Here

• An Introduction to the CSE Exam
• Personality Test
• Annual Calendar by UPSC-2025
• Common Myths about the Exam
• About Insights IAS
• Our Mission, Vision & Values
• Director's Desk
• Meet Our Team
• Our Branches
• Careers at Insights IAS
• Daily Current Affairs+PIB Summary
• Insights into Editorials
• Insta Revision Modules for Prelims
• Current Affairs Quiz
• Static Quiz
• Current Affairs RTM
• Insta-DART(CSAT)
• Insta 75 Days Revision Tests for Prelims 2024
• Secure (Mains Answer writing)
• Secure Synopsis
• Ethics Case Studies
• Insta Ethics
• Weekly Essay Challenge
• Insta Revision Modules-Mains
• Insta 75 Days Revision Tests for Mains
• Secure (Archive)
• Anthropology
• Law Optional
• Kannada Literature
• Public Administration
• English Literature
• Medical Science
• Mathematics
• Commerce & Accountancy
• Monthly Magazine: CURRENT AFFAIRS 30
• Content for Mains Enrichment (CME)
• InstaMaps: Important Places in News
• Weekly CA Magazine
• The PRIME Magazine
• Insta Revision Modules-Prelims
• Insta-DART(CSAT) Quiz
• Insta 75 days Revision Tests for Prelims 2022
• Insights SECURE(Mains Answer Writing)
• Interview Transcripts
• Previous Years' Question Papers-Prelims
• Answer Keys for Prelims PYQs
• Solve Prelims PYQs
• Previous Years' Question Papers-Mains
• UPSC CSE Syllabus
• Toppers from Insights IAS
• Testimonials
• Felicitation
• UPSC Results
• Indian Heritage & Culture
• Ancient Indian History
• Medieval Indian History
• Modern Indian History
• World History
• World Geography
• Indian Geography
• Indian Society
• Social Justice
• International Relations
• Agriculture
• Environment & Ecology
• Disaster Management
• Science & Technology
• Security Issues
• Ethics, Integrity and Aptitude
• Insights IAS Brochure

• Indian Heritage & Culture
• Enivornment & Ecology

• How to Study Art & Culture?
• What is Art and Culture? What is the difference between the two?
• Indus Civilization
• Evolution of rock-cut architecture in India
• Important rock-cut caves
• The contribution of Pallavas to Rock-cut architecture
• Comparision of art form found at Ellora and Mahabalipuram
• Buddhist Architecture
• Early Temples in India
• Basic form of Hindu temple
• Dravida style of temple architecture
• Nagara Style or North India Temple style
• Vesara style of temple architecture
• Characteristic features of Indo-Islamic form of architecture
• Styles of Islamic architecture in the Indian subcontinent
• Types of buildings in Islamic architecture in the Indian subcontinent
• Evolution of this form of architecture during the medieval period
• Modern Architecture
• Post-Independence architecture
• Indus Civilization Sculpture
• Bharhut Sculptures
• Sanchi Sculptures
• Gandhara School of Sculpture
• Mathura School of Sculpture
• Amaravati School of Sculpture
• Gupta Sculpture
• Medieval School of Sculpture
• Modern Indian Sculpture
• Pre Historic Painting
• Mural Paintings & Cave Paintings
• Pala School
• Mughal Paintings
• Bundi School of Painting
• Malwa School
• Mewar School
• Basohli School
• Kangra School
• Decanni School of Painting
• Madhubani Paintings or Mithila paintings
• Pattachitra
• Kalighat Painting
• Modern Indian Paintings
• Personalities Associated to Paintings
• Christianity
• Zoroastrianism
• Six Schools of Philosophy
• Lokayata / Charvaka
• Hindustani Music
• Carnatic Music
• Folk Music Tradition
• Modern Music
• Personalities associated with Music
• Bharatanatyam
• Mohiniattam
• Folk Dances
• Modern Dance in India
• Sanskrit Theatre
• Folk Theatre
• Modern Theatre
• Personalities associated with Theatre
• History of Puppetry
• String Puppetry
• Shadow Puppetry
• Rod Puppetry
• Glove Puppetry
• Indian Cinema and Circus
• Shankaracharya
• Ramanujacharya (1017-1137AD)
• Madhvacharya
• Vallabhacharya
• Kabir (1440-1510 AD)
• Guru Nanak (1469-1538 AD)
• Chaitanya Mahaprabhu
• Shankar Dev
• Purandaradasa
• Samard Ramdas
• Classical Languages
• Scheduled Languages
• Literature in Ancient India
• Buddhist and Jain Literature
• Tamil (Sangam) Literature
• Malayalam Literature
• Telugu Literature
• Medieval Literature
• Modern Literature
• Important characteristics of Fairs and Festivals of India
• Some of the major festivals that are celebrated in India
• Art & Crafts
• Ancient Science & Technology
• Medieval Science & Technology
• Famous Personalities in Science & Technology
• Tangible Cultural Heritage
• Intangible Cultural Heritage
• Cultural Heritage Sites
• Natural Heritage Sites
• Important Institutions
• Important programmes related to promotion and preservation of Indian heritage
• Ochre Colored Pottery (OCP)
• Black and Red Ware (BRW)
• Painted Grey-Ware (PGW)
• Northern Black Polished Ware (NBPW)
• Origin of Martial arts in India
• Various forms of Martial arts in India
• Company Rule (1773-1858)
• GOI act 1858
• Indian Councils Act (1861, 1892)
• Minto-Morley Reforms, 1909
• Government of India Act of 1919
• Government of India Act of 1935
• Indian Independence Act of 1947
• Constituent Assembly
• Salient features of Indian Constitution
• Amendments of the Constitution
• Basic Structure Doctrine
• Characteristic features of fundamental rights
• Rights to equality
• Rights to freedom
• Right against exploitation
• Right to freedom of religion
• Culture and educational rights
• Right to constitutional remedies
• Armed forces and FR
• Martial law and FR
• Effecting certain fundamental rights
• Exceptions to FR
• Significance of FR
• Criticisms of FRs
• Features of DPSP:
• Classification of DPSPs
• Criticism of DPSPs
• Implementation of DPSPs
• Conflict between DPSPs and FRs
• Fundamental Duties
• National Emergency
• President’s rule
• Financial emergency
• Criticism of emergency provisions
• 7th Schedule
• Federal System of government
• Federal system of India- federalism with tilt towards centre
• Cooperative federalism
• Competitive Federalism
• Legislative Relations
• Administrative Relations
• Financial Relations
• GST Council (Centre state relations)
• Important Recommends on Centre-state relations
• Inter-state water disputes
• Inter-State Council
• Inter-state trade and commerce
• Zonal Councils
• Governors Role
• Commissions on Centre state relations
• NITI Aayog (issue and challenges)
• Evolution of Panchayati Raj
• Constitutionalisation of PRI
• Compulsory and voluntary provisions of the act
• PESA act, 1996
• Historical perspective of local bodies in India
• Salient features of 74th amendment act
• Types of urban governments in India
• Significance of ULB
• Present status of urban local bodies
• Challenges faced by ULBs
• Measures required in addressing these challenges
• Finance Commission (Devolution of Power)
• Evolution of devolution of powers and finances
• Special Provisions to some states
• Doctrine of Separation of Power
• Constitutional Status of Separation of Power in India
• Few Judiciary decisions which upheld the Separation of Powers Doctrine
• Comparison of Separation of Powers in USA
• Judiciary – SC, HC
• Tribunals SC,HC
• Election commission (Dispute Redressal Mechanisms and Institutions)
• NITI Aayog (Dispute Redressal)
• Borrowed features
• Presidential vs parliamentary form of government
• Comparison with countries – USA, UK, French, Canada etc
• Functioning
• Conduct of Business
• Powers & Privileges
• Role of speaker
• Leader of opposition
• Anti-Defection law
• Criminalisation of politics
• Union: President, PM, Council of Ministers, Cabinet, Cabinet Committees, Cabinet Secretariat
• State: Governor, Chief Minister, State Council of Ministers
• Appointment of judges
• Evolution of collegium system
• Qualification, Oath, Tenure and Salary of judges
• Acting Chief Justice
• Seat of the Supreme Court
• Ad hoc judges and retired judges of Supreme Court
• Independence of the Supreme Court
• Jurisdictions and powers of Supreme Court
• Sub-ordinate courts
• Independence of Judiciary
• Judicial review
• Judicial activism and Judicial Over-reach
• Cabinet Ministries
• Other Important ministries
• Characteristics of Pressure Groups
• Types of Pressure Groups (Polity)
• Functions, Role & Importance of Pressure Groups
• Techniques/Methods applied by Pressure Groups
• Pressure Groups in India
• Challenges faced by Pressure Groups
• Recent amendments to RP act
• Electoral reforms
• Political parties
• Election and Election laws
• Election Commission
• GST Council
• UPSC (Polity)
• State Public Service Commission
• Finance Commission (App)
• National Commission for SCs
• National Commission for STs
• National Commission for BCs
• Special Officer for Linguistic Minorities
• Comptroller and Auditor General of India
• Attorney General of India
• Advocate General of the State
• Tribunals – CAT, SAT
• NITI Aayog (Statutory)
• National Human Rights Commission
• Central Information Commission
• State Information Commission
• Central Vigilance Commission
• Central Bureau of Investigation
• Lokpal and Lokayuktas
• National Commission for Women
• National Commission for Minorities
• National Disaster Management Authority
• National Investigation Agency
• Central Pollution Control Board
• National Green Tribunal
• Competition Appellate Tribunal

Home » Indian Polity » Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein. » Devolution of Powers and Finances up to Local Levels and Challenges Therein. » 74th amendment act- Municipalities

74th amendment act- Municipalities

• The origin of local self-government had very deep roots in ancient India. On the basis of historical records, excavations and archaeological investigations, it is believed that some form of local self-government did exist in the remote past. In the Vedas and in the writings of Manu, Kautilya and others, and also in the records of some travelers like Megasthenes, the origin of local self-government can be traced back to the Buddhist period
• The Ramayana and the Mahabharata also point to the existence of several forms of local self-government such as Paura (guild), Nigama, Pauga and Gana, performing various administrative and legislative functions and raising levies from different sources.
• The institution of urban local government originated and developed in modern India during the period of British rule. In 1687-88, the first municipal corporation in India was setup at Madras

Measures taken during the British rule with regards to urban local bodies:

• In 1726, the municipal corporation were setup in Bombay and Calcutta
• Lord Mayo’s resolution of 1870 envisaged a roadmap for these bodies in India
• Lord Ripon’s resolution of 1882 has been hailed as the ‘Magna Carta’ of local-self government
• A royal commission was established under the chairmanship of Hobhouse on decentralization in 1907
• Government of India Act, 1919 assigned the local-self government subject to an Indian minister
• In 1924, the cantonments acts was passed by the central legislature
• Local self-government was declared as a provincial subject under the Government of India act, 1935

Post-independent India and urban local government

Independence brought a new kind of activity in every sphere of public life. It opened a new chapter in the history of local government in India. Urban local-bodies received consistent policy attention from various committees that were setup at different times to suggest ways to improve the urban local bodies. Some of these committees include- PK Wattal, John Mathai, Nur-ud-din Ahmed, AP Jain, Rafiq Zakaria. G Mukharji, KN Sahaya and CM Correa

The primary recommendation of some of these committees included constitutionalizing the ULB. Government under Rajiv Gandhi and VP Singh tried to get the ULB constitutionalized. However, it could not be realized during their time. It was only during the time of PV Narasimha Rao that ULB could receive the constitutional status when the 74 th amendment act was passed by both the houses of the parliament and it finally received the assent of the President

• Classification of municipalities: The act provides for the constitution of the following three-types of municipalities in every state- Nagar panchayat, municipal council, municipal corporation
• All members of the municipality should be elected directly by the people.
• For this purpose, each municipal area shall be divided into territorial constituencies known was wards
• The state legislature is empowered to provide for the manner of election of the chairperson of a municipality
• The state legislature can also provide for representation of- persons having special knowledge who will not have the right to vote in the meeting, members of LS, RS, state legislature and council from the municipal area
• The chairpersons of the committees other than wards committee
• Article 243S of the Constitution make the provisions for constitution and composition of Wards Committees, etc. consisting of one or more wards, within the territorial area of a Municipality having a population of three lakhs or more.
• A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee. Where a Wards Committee consists of two or more wards, one of the members representing such wards in the Municipality elected by the members of the Wards Committee shall be the Chairperson of that Committee.
• Article 243T makes the provisions for the reservation of seats. Seats are reserved for the Scheduled Castes and the Scheduled Tribes in every Municipally and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality.
• Not less than one-third of the total number of seats reserved Scheduled Caste are reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
• Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality are reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality.
• The office of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide.
• Duration of Municipalities : As per Article 243U of the Constitution, every Municipality, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer provided that a Municipality shall be given a reasonable opportunity of being heard before its dissolution.
• Disqualification : A person shall be disqualified for being chosen as or for being a member of a municipality if he is so disqualified
• Under any law for the time being in force for the purpose of elections for state legislature
• Under any law made by state legislature. .However, no person shall be disqualified on the ground that he is less than 25 years of age if he has attained 21 years of age. All questions related to this will be decided by an authority so determined by the state legislature
• State Election Commission: The superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the municipalities shall be vested in the state election commission
• the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to-
• The preparation of plans for economic development and social justice;
• The performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule;
• The Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule.
• Finances: The state legislature may
• Authorize a municipality to levy, collect and appropriate taxes
• Assign to municipality taxes, levies, tolls and fees levied and collected by state government
• Provide for making grants-in-aid to the municipalities
• Provide for constitution of funds for crediting all moneys to the municipalities
• Audit of account: The state legislature will specify the manner in which the auditing has to be done
• Application to union territories: It shall apply with such modification and exception has the President may determine
• Exempted areas: It does not apply to the scheduled areas and tribal areas in the states

District planning committee: It is the committee created as per article 243ZD. As per this, 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 state legislature may make provisions with respect to the following:

• Composition of such committees
• Manner of election of members of such committees
• Functions of such committees in relation to district planning
• Manner of the election of the chairpersons of such committees

The act lay down that 80% of the members of this committee will be elected by the elected members from the municipalities and panchayats in the region amongst themselves.

While preparation of the plans following areas have to be considered:

• Matters of common interest between the panchayats and municipalities.
• The extent and type of available resources
• Consult such institutions and organization as specified by the governor

Metro planning committee: As per Article 243ZE of the constitution, in every Metropolitan area, a Metropolitan Planning Committee may be constituted to prepare a draft development plan for the Metropolitan area as a whole.

The state legislature may make provisions with respect to the following:

The act lay down that 66% of the members of this committee will be elected by the elected members from the municipalities and panchayats in the region amongst themselves.

While preparation of the plan the following things have to be kept in mind:

• Plans prepared by the municipalities and panchayats
• Matters of common interest between the local bodies
• Overall objectives and priorities set by the GoI and government of the state
• Available resources of investment
• Consult such institutions as specified by the governor

The act also bars the interference of the court in electoral matters relating to municipalities. It empowers the state legislature to determine the manner in which a petition questioning the election and also to the authority as it deems fit

• Municipal corporation
• It is created for the administration of big cities
• They are established by an act of state legislatures and in the case of UTs, it is by an act of Parliament
• The corporation has three organs- council, standing committees and commissioner
• The council is the deliberative body consisting of elected and few nominated representatives. They enact laws and policies. The council is headed by a mayor who is to preside over the council meetings. He is elected by the members amongst themselves. He has a renewable one-year term
• Standing committees are created to simplify the working of the council. They take decision in their respective fields for which they have been made responsible. Ex: Health, education, public works etc
• Municipal commissioner is responsible for implementing the policies and decisions taken by the council and the committees
• Municipality
• It is established for administration of smaller towns and cities
• It also has three authorities- council, standing committees and chief executive officer
• The council is the deliberative and legislative body. It is headed by a chairperson.
• Unlike the mayor in a municipal corporation, chairperson here has executive powers
• The CEO is responsible for day-to-day administration
• Notified area committee
• It is created for fast-developing areas that have not yet achieved the numbers to become a municipality
• It is notified by state government gazette
• Only those provisions which are specified in the gazette apply to this area
• It is entirely a nominated body
• Town area committee
• It is setup for the administration of a small town
• It is created by a separate act of the state legislature
• It may be a wholly elected, wholly nominated or party elected and nominated as specified by the state government
• Cantonment board
• It is setup for the civic administration for civilian population living in cantonment areas
• It is setup under the provisions of the cantonment act, 2006
• It works under the administrative control of the Union defence ministry
• It consists of partly elected and partly nominated representatives
• The commanding officer of the station is the ex-officio chairperson
• The board will also consists of an executive engineer, health officer, first class magistrate, chief executive officer
• The nominated members hold office as long as they are part of the station
• Elected members have a tenure of 5 years
• It is established by a public sector enterprise to ensure civic administration of their workers in the region
• The township has no elected members
• It is an extension of bureaucratic structure of the PSE
• It is established in port areas
• Functions of these bodies: to manage ports and to provide civic amenities
• It consists of both elected and nominated members
• Special purpose Agency
• These are setup to address specific issues which are usually the domain of municipalities
• They are also known as single-purpose or uni-purpose because of the singular role based on which they are created for
• They are established by an act of state legislature or as departments by an executive resolution
• They function as autonomous bodies
• The United nations projections suggest that India’s urban population will increase from about 461 million in 2018, to 877 million in 2050
• Under such a growth scenario, the ULBs need to play a significant role in financing public services such as providing safe drinking water, affordable housing, public transport. Wastewater treatment, solid waste management etc.
• Urban settlements act as engines of growth and generate ‘agglomeration economies’ by supplying requisite infrastructure. Construction & Maintenance of such infrastructure requires adequate capital investment from ULBs
• Cities are exposed to high risk from natural and climate change related hazards
• And thus, local governments are usually the first responders and their first-hand knowledge of community’s social, economic, infrastructure and environmental needs, help them to provide support in a disaster and carry out relief, rehabilitation and reconstruction activities
• ULBs need to invest in resilient infrastructure, green technologies, clean energy etc.
• Successful implementation of missions like Smart city mission, AMRUT, HRIDAY etc, finally rests on ULBs efficacy in resource mobilisation and service delivery
• Hence, financial empowerment of ULBs when seen from this perspective is no longer a matter of choice, but a necessity
• Low municipal revenue to GDP Ratio, which has remained stagnant at around 1% of GDP during the period from 2007 to 2017-18
• The same ratio is 6% for South Africa, 13.9% for United Kingdom
• Declining own revenue: The share of municipal own revenue in total municipal revenues has declined significantly from 55% in 2007-08, to 43% in 2017-18
• At present, property tax remains the only major tax in the municipal portfolio in India, and it has contributed to about 60% to municipal tax revenue in India
• By contrast, municipalities in other parts of the world have access to a much wider basket of taxes
• Inadequate intergovernmental transfers: While share of intergovernmental transfers in municipal revenue has been increasing since 2010-11, it still remains insufficient
• Even though per capita municipal expenditure has increased in India, it still lags far behind in per capita spending when compared to other countries
• India’s per capita spending is $17, as against $116 of China
• According to NITI Aayog , India requires Rs.40 trillion investment until 2030 to overhaul its infrastructure, whereas the revenue of all the municipal corporation put together is not more than 1.2 trillion
• The state governments have devolved only limited number of taxes to ULBs
• This limited resources to generate own revenues has resulted in increasing dependence of the municipalities sector on the higher levels of Government
• Elections to these ULB bodies too have delayed citing multiple issues by the government. Ex: Tamil Nadu
• Politicization of the ULB: They are seen as mere platform for political mobilization rather than seeing them as effective tools in ensuring development
• Their powers are being usurped by the rising number of special purpose agency in the country
• Meaningful devolution of powers in terms of functions, powers to collect taxes are still yet to be achieved
• In India, user charges and service provision are seem to be caught in vicious cycle with poor quality services leading to lack of willingness to pay for these and hence poor collection of user charges and fees
• CAG reports on local governments point out several lacunae in preparation of municipal accounts related to lack of budget preparation, accuracy, updating and timely presentation of accounts by ULBs
• Inefficient functioning of SFCs has affected the ability of ULBs to augment financial resources
• The recommendation made by SFCs are largely adhoc in nature and not based on sound public finance principles
• Introduction of GST, has taken away critical resources of tax revenue such as octroi, local body tax, entry tax and advertisements tax for ULBs without providing for any compensation
• There exists less coordination between bureaucrat led agencies like Developmental authorities, at state level; who also have overlapping functions
• This has led to fragmented governance and thus lack of coordination in financing and expenditure
• Greater devolution of powers
• Empowering metro-planning committees
• De-politicization of ULB.
• Conducting elections on time as per the constitutional provisions
• Recommendations of 15th Finance commission need to be implemented, according to which the share of Urban local bodies in Finance commission grants to local bodies, should be gradually increased to 40% over the medium term
• Performance based grants: National municipal accounts manual: The manual comprehensively provides details to all states/UTs in relation to account policies, procedures and guidelines to ensure correct, complete and timely recording of municipal transaction to produce accurate and relevant financial reports.
• Use of technology to reduce corruption and bring in more transparency in the civic administration
• Encouraging citizen participation will improve the civic administration by bringing more accountability
• Strengthening municipal bonds
• Compensating for loss induced by GST

Reforms are needed to enable urban local bodies to act as engine of inclusive growth, so as to broaden & deepen the resource base required to match the growing needs of infrastructure and civic necessities.

• Our Mission, Vision & Values
• Director’s Desk
• Commerce & Accountancy
• Previous Years’ Question Papers-Prelims
• Previous Years’ Question Papers-Mains
• Environment & Ecology
• Science & Technology

URBAN LOCAL BODIES WITH REFERENCE TO 74 th CONSTITUTIONAL AMENDMENT ACT OF 1992

• January 2016
• III(1(2) March 2016):149

• Adikavi Nannaya University

Discover the world's research

• 25+ million members
• 160+ million publication pages
• 2.3+ billion citations

• Akhil Saxena

• Samadri Muniswami
• M A Muttalib
• Mohd. Akber Ali Khan
• Durgadas Basu
• Recruit researchers
• Join for free
• Login Email Tip: Most researchers use their institutional email address as their ResearchGate login Password Forgot password? Keep me logged in Log in or Continue with Google Welcome back! Please log in. Email · Hint Tip: Most researchers use their institutional email address as their ResearchGate login Password Forgot password? Keep me logged in Log in or Continue with Google No account? Sign up

Constitution of India

Home / constitution of india, constitutional law, 73rd and 74th constitutional amendment acts,  30-oct-2023.

• Constitution of India, 1950 (COI)

Introduction

• With the objective of having a more democratic form of governance, the 73 rd and 74 th Amendment Acts were introduced.
• These Amendment acts played a major role in decentralizing power in India by transferring power from the central and state governments to the local bodies.
• The 73 rd and 74 th Constitutional Amendment Acts came into force on 24 th April 1993 and 1 st June 1993, respectively.

73 rd Amendment Act, 1992

• This amendment brought the State Governments under the constitutional obligation to adopt the new system of Panchayati Raj.
• This act also added Part IX to the COI which contained provisions from Articles 243 to 243 O.
• The scheduled areas and tribal areas in the states.
• The hill areas of Manipur with district councils.
• The Darjeeling district of West Bengal with the Darjeeling Gorkha Hill Council.
• However, subject to the exceptions and modifications specified by the Parliament, the provisions of this Part may be extended to scheduled areas and tribal areas.

Salient Features of 73 rd Amendment Act, 1992

• Gram Sabhas are the basic units of democratic system which consists of the people registered in the electoral rolls of the village within the area of the Panchayat.
• As per Article 243B of the COI , there shall be constituted in every State, Panchayats at the village, intermediate and district levels. However, Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs.
• The members of Panchayats at the village, intermediate, and district levels shall be elected directly by the people.
• The chairman of the Panchayat at the intermediate and district level shall be elected indirectly from amongst the elected members thereof.
• The conduct of elections to the Panchayats shall also be handled by the State election commission.
• Seats shall be reserved for Schedule Castes and Schedule Tribes and chairpersons of the Panchayats at all levels in proportion to their population.
• One third of the positions in all panchayat institutions are reserved for women.
• As per Article 243E of the COI, every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer.
• The powers and functions of the Panchayats are endowed by the State legislature.
• The Panchayats prepare a plan for economic development and social justice for the people of the Panchayats.
• It implements the scheme of the Central and State government for the betterment of the people at the ground level.
• Panchayats have the power to enhance employment facilities and undertake development activities in the area.
• The act prohibits courts from interfering in panchayat elections.
• It also states that no election to a panchayat may be challenged unless accompanied by an election petition filed with the appropriate authority and in the manner prescribed by the state legislature.

74 th Amendment Act, 1992

• The act granted municipalities constitutional status. It has brought them under the purview of the Constitution's justiciable provisions.
• This act added Part IX-A to the COI which contained provisions from Articles 243P to 243ZG.
• It also added 12 th schedule to the COI containing 18 functional items which are to be placed within the purview of municipalities.

Salient Features of 74 th Amendment Act, 1992

• Article 243Q of the COI deals with the Constitution of Municipalities i.e., Nagar Panchayat, Municipal Council, and Municipal Corporation.
• Article 243R deals with the Composition of Municipalities; it states that all of its members are directly elected by the people of the Municipal area which is divided into territorial constituencies known as wards.
• Article 243S talks about the constitution and composition of ward committees consisting of wards and members of wards who represent that ward in the Municipality.
• Reservation of seats for Schedule Castes and Schedule Tribes is provided in every municipality in proportion to their population.
• Provision for reservation of 1/3 rd of the total number of seats is also provided for women.
• The State legislature has been empowered to make any provision for reservation in the municipality at any level in favor of the backward class.
• Municipalities have been provided with a five-year term of office at every level. It can however be dissolved before the completion of its term.
• A municipality, if elected after the dissolution of the municipality, shall continue for the remaining period for which the dissolved municipality would have continued had it not been dissolved.
• If he is disqualified under any law for the time being in force for the purposes of elections to the legislature of the state concerned; or
• If he is disqualified under any law made by the State legislature.
• However, no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years.
• Article 243W deals with the powers, authorities, and responsibilities of municipalities that include urban planning, financial and social development, and so on.
• Article 243X states that the COI has left it open to the Legislature of a State to specify by law matters relating to the imposition of taxes.
• Article 243Y provides for the constitution of the Finance Commission which will give its opinion on the distribution of finances between the State and the municipality and will determine the aid subsidies.
• Article 243ZA provides for the establishment of a State Election Commission, independent of Election Commission of India, which conducts elections for every Municipal Corporation for a term of 5 years.
• These include Assam, Meghalaya, Tripura, and Mizoram. It is also not applicable to the area under Darjeeling Gorkha Hill Council.
• A Metropolitan area means an area having a population of 10 lakh or more, in one or more districts, and consisting of two or more municipalities or panchayats or other contiguous areas.
• The act prohibits courts from interfering in municipality elections.
• It also states that no election to a municipality may be challenged unless accompanied by an election petition filed with the appropriate authority and in the manner prescribed by the state legislature.

Explore Our Affordable Courses

• UPSC Online
• UPSC offline and Hybrid
• UPSC Optional Coaching
• UPPCS Online
• BPSC Online
• MPSC Online
• MPPSC Online
• WBPSC Online
• OPSC Online
• UPPCS Offline Coaching
• BPSC Offline Coaching
• UPSC Test Series
• State PSC Test Series
• DAILY CURRENT AFFAIRS
• SUBJECT WISE CURRENT AFFAIRS
• DAILY EDITORIAL ANALYSIS
• DAILY CURRENT AFFAIRS QUIZ
• Daily Prelims(MCQs) Practice
• Daily Mains Answer Writing
• Prahaar (Mains Wallah) 2024
• Mains Wallah – Q&A Bank
• Udaan Prelims Wallah Static booklets 2024
• Udaan 500+ for Prelims Current Affairs 2023
• NCERT Wallah Books
• Prelims Marks Boosters 2024
• Prelims PYQs
• Optionals PYQs
• NCERT Notes
• Udaan Notes
• UPSC Prelims Answer Key
• UPSC Syllabus
• Topper's Copies
• Delhi – Mukherjee Nagar Centre
• Delhi – Old Rajinder Nagar Centre
• UP – Lucknow Centre
• UP – Prayagraj Centre
• Bihar – Patna Centre

• Offline Centres
• UDAAN Notes
• UPSC Prelims PYQs
• UPSC Mains PYQs

NCERT NOTES

Elevate your upsc preparation with ncert notes – because every word matters on your journey to success..

• Indian Economy
• Physical Geography
• Indian Society
• Science & Tech
• Art & Culture

Empowering Urban India: The Impact of 74th Constitutional Amendment

The Role of Local Government in Shaping Democracy – 74th Constitutional Amendment

“Urban Local Government” signifies the mechanism by which the urban population exercises governance over a specified urban area, subject to the state government’s delineation . Ultimately, democracy means that power should be shared by the people; people in the villages and urban localities must have the power to decide what policies and programmes they want to adopt. 

The 74th Constitutional Amendment Act: An Overview

• Amendment of The Constitution: The 74th Constitutional Amendment Act, 1992 came into effect on 1 June 1993 , introduced Part IX A (the Municipalities) which deals with the issues relating to municipalities. 
• Urban Local Bodies: The Act provided constitutional status to the Urban Local Bodies (ULBs).
•  It also makes provisions for devolution of powers and Responsibilities.
• 12th Schedule Functions: The 12th Schedule of the Constitution enumerates 18 specific functions to be devolved to ULBs

What is the Significance of the 74th Constitutional Amendment for Urban Governance?

• In many ways, the 74th Constitutional Amendment is a repetition of the 73rd Amendment , except that it applies to urban areas. 
• These functions have been listed in the Twelfth Schedule of the Constitution.

Positive and Negative Outcomes of the 73rd and 74th Constitutional Amendments: Did They Truly Empower Local Bodies?

Empowering local governance: positive outcomes of the 73rd and 74th amendments in india.

• State Implementation: All States have now passed legislation to implement the provisions of the 73rd and 74th Amendments. 
• Uniform Structures: The 73rd and 74 th amendments have created uniformity in the structures of Panchayati Raj and Nagarpalika institutions across the country. 
• Reservations for Women: The provision for reservation for women at the Panchayats and Nagarpalikas has brought a new perspective and a greater sensitivity to discussions at local bodies.

Downsides of Local Governance: Reservations, Limited Empowerment, and Financial Dependency

• Reservations and Representation: Reservations for Scheduled Castes and Tribes, Backward classes have made local bodies more representative of the social reality they operate within, sometimes leading to tensions.
• Limited Subject Transfer: Many States have not transferred most of the subjects to the local bodies, making the local bodies toothless.
• Financial Dependence: The dependence of local bodies on the State and central governments for financial support has greatly eroded their capacity to operate effectively.  
• So, they earn much less than they spend. 
• Grant Dependency: That makes them dependent on those who give them grants.
• Giving more power to local governments means that we should be prepared for real decentralization of power.

UPDATED :     

Recommended For You

Latest comments, the most learning platform.

Learn From India's Best Faculty

Our Courses

Our initiatives, beginner’s roadmap, quick links.

PW-Only IAS came together specifically to carry their individual visions in a mission mode. Infusing affordability with quality and building a team where maximum members represent their experiences of Mains and Interview Stage and hence, their reliability to better understand and solve student issues.

Subscribe our Newsletter

Sign up now for our exclusive newsletter and be the first to know about our latest Initiatives, Quality Content, and much more.

Contact Details

G-Floor,4-B Pusa Road, New Delhi, 110060

• +91 9920613613
• [email protected]

Download Our App

Biginner's roadmap, suscribe now form, fill the required details to get early access of quality content..

Join Us Now

(Promise! We Will Not Spam You.)

CURRENT AF.

<div class="new-fform">

Select centre Online Mode Hybrid Mode PWonlyIAS Delhi (ORN) PWonlyIAS Delhi (MN) PWonlyIAS Lucknow PWonlyIAS Patna Other

Select course UPSC Online PSC ONline UPSC + PSC ONLINE UPSC Offline PSC Offline UPSC+PSC Offline UPSC Hybrid PSC Hybrid UPSC+PSC Hybrid Other

</div>

IMPACT OF COUNTER-TERRORISM ON NON-ASSOCIATED

How blockchain technology can revolutionize the legal field, popular data science tools to know in 2024, role of ai in transforming legal profession.

• How Personal Injury Lawyers Maximize Your Compensation After a Car Accident

SOCIAL LAWS TODAY is the Largest Legal Blog integrating tremendous knowledge and information amongst the entire legal fraternity and revolutionising Legal Services.

• Community Guidelines
• Country Ambassadors
• Editorial Advisory Board
• Privacy Policy
• Publish Article/Guest Post
• Terms and Conditions
• Advertise with us

What is the 74th Amendment Act And Its Impact on local bodies

• by Social Laws Today
• March 19, 2023
• 7 minutes read

Shad Khan, a Student of, School of Law, DAVV Indore has written this Article “What is 74th Amendment Act And It’s Impact on local bodies”

Table of Contents

INTRODUCTION

Part IX-A was added to the Constitution by the Constitution ( 74th Amendment ) Act, 1992. This amendment has added 18 new articles and a new Schedule-Twelfth Schedule relating to urban local bodies in the Constitution. Like Panchayati Raj Amendment, the 74th Amendment provides for constitutional sanction to the urban self-governing institutions ensuring regular elections and enabling them to play a greater role in the development of urban areas. This provides for three types of Municipal Corporations and reservation of seats in every Municipality for SC, ST, and women. The Amendment empowers the State Legislature to confer necessary powers and responsibilities upon the Municipalities in respect of the preparation of plants for economic development, the levy of taxes, and duties by municipalities.

What is the 74th Constitutional Amendment Act?

The 74th Amendment Act of 1992 provides a fundamental framework for the decentralization of rights and authorities to Municipal organizations at various levels. The State’s responsibility is to give it a specific form, nevertheless.

The 74th Amendment Act required the decentralization of powers and authority to Urban Local Bodies (ULB) at various levels. Also, this amendment made an effort to create an institutional framework that would provide access via independent municipal administrations in the country’s cities. The legislation aims to revitalize and improve urban governments so they can function effectively as local government organizations. The contents of this amendment are contained in Part IXA, which became effective on June 1, 1993. It thus gave local self-government organizations in urban regions a constitutional foundation. Additionally, it gave the ULBs the power to do the 18 responsibilities listed in the 12th Schedule of the Constitution .

What goals does the 74th Amendment Act seek to achieve?

The legislation intends to enhance and revitalize municipal governments so that they can effectively function as local government units. In accordance with the provisions of their respective constitutions, state governments must implement the new municipal system in accordance with the Act’s requirements.

The statute gave municipalities constitutional protection. They now fall under the protection of the Constitution’s justiciable provisions as a result.

Characteristics of the 74th Amendment Act,1992

The following were the primary changes made by the aforementioned Act:

Municipalities’ Constitution

According to the size and area of each state, the Act allows for the establishment of three different types of municipalities.

1. Nagar Panchayat (for an area in transition from rural to urban area);

2. Municipal Council for the smaller urban area; and

3. Municipal Corporation for larger urban areas.

Composition of Municipalities

Direct elections will be used to fill the seats. Each municipal region will be divided into territorial constituencies known as wards for this purpose. The state legislature may specify how a municipality’s chairperson is chosen, as well as the ways in which the following people are represented there.

• Those with specialized expertise and experience in municipal administration are not eligible to vote at municipal meetings.
• The members of the Lok Sabha and the state legislative assembly represent constituencies that contain entirely or partly the municipal area.

Reservation of seats

Every municipality allocates seats for SC and ST in accordance with its population.

Also, there is a provision for 1/3 of the seats to be reserved for women.

The state legislature has the authority to enact any reservation policies in favor of the underprivileged class at any level of the municipality.

Duration of Municipalities

Municipalities have five-year terms at every level of administration but can be dissolved before the term ends. If a dissolved municipality gets re-elected, it will complete the remaining period of its term as if it was never dissolved.

Disqualification of members

A person will be disqualified for the following reasons: if they violate any laws currently in effect for the state’s legislature elections; or if they violate any laws passed by the state legislature. However, no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years.

Power and Function

The state legislature has granted the municipalities their responsibilities and authority.

The municipalities create a plan for the municipality’s residents’ social justice and economic development. It puts into action the plans created by the federal and state governments to improve the lives of the populace. Municipalities have the authority to improve job opportunities and carry out local development projects.

The state legislature may award grants-in-aid to the panchayats from the state’s consolidated fund and establish funds to credit all of the panchayats’ finances. The state legislature may also permit a panchayat to levy and collect taxes, duties, duties, and fees.

Finance Commission

The governor appoints the finance panel to assess the Municipalities’ financial standing.

The commission advises the governor on choosing the guidelines for how to split taxes between the state and municipalities. Moreover, it determines whether municipalities can be assessed taxes, levies, tolls, and other fees.

The state government has enacted laws requiring the towns to keep accounts and have those accounts audited.

Election Method

The State Election Commissions shall be in charge of supervising, directing, and controlling the preparation of electoral rolls. As well as for, and the conduct of, all elections to panchayats and municipalities.

Accountancy and audit

The municipal authorities shall carry out the maintenance of accounts and other audits in accordance with the provisions of State law. State legislatures will be free to make appropriate provisions in this regard, depending on local needs and the institutional framework available.

Municipal Revenue

There are five sources of income for the urban local bodies. These are as follows:

1. Tax Revenue

2. Non-Tax Revenue

4. Devolution

Division of Local government

1. Nagar Panchayat: A Nagar Panchayat is for those areas which are transitional areas i.e. transiting from Rural Areas to Urban areas.

2. Municipal Council: A Municipal council is for smaller urban areas.

3. Municipal Corporation: A municipal Corporation for Larger Urban Areas.

IMPACT ON LOCAL BODIES

Cities and towns have a significant impact on the country’s economic growth. These metropolitan areas significantly contribute to the growth of the rural hinterland. To keep this economic change in line with local needs and realities, we must involve people and their representatives fully in program planning and implementation. If democracy is to remain strong and stable in the Houses of Parliament and State Legislatures, its roots must extend into the towns, villages, and cities where people live. Any state may establish one of three types of municipalities under Article 243Q. The governor shall determine the three locations by public notice based on the population, the density of the population, money generated for local government, and the percentage of non-farm employment. Activities are related to agriculture and other elements.

Additionally, if a governor deems it appropriate based on industrial establishments, The governor may designate a city or township as an industrial township if an industrial facility is providing municipal services there. You cannot establish a municipality in such a situation.

What could possibly be the best book of the Constitution: https://sociallawstoday.com/best-book-for-the-constitution-of-india/

Frequently Asked Questions

What is the 74th indian constitutional amendment.

A: The 74th Indian Constitutional Amendment, also known as the Nagarpalika Act, was enacted in 1992 to give constitutional status to urban local bodies (ULBs) and empower them with greater administrative and financial autonomy.

Q: What is the objective of the 74th Indian Constitutional Amendment?

A: The objective of the 74th Indian Constitutional Amendment is to empower local governments to ensure better governance and delivery of essential services to citizens at the grassroots level.

Q: What are the key provisions of the 74th Indian Constitutional Amendment?

A: The key provisions of the 74th Indian Constitutional Amendment include the establishment of three-tier local governance structures (Nagar Panchayats, Municipal Councils, and Municipal Corporations), the reservation of seats for women and disadvantaged groups, and the creation of State Finance Commissions to provide funds to local governments.

Q: How does the 74th Indian Constitutional Amendment ensure greater participation of citizens in local governance?

A: The 74th Indian Constitutional Amendment provides for the establishment of Ward Committees in urban areas to enable citizens to participate in local governance and decision-making processes.

Q: How does the 74th Indian Constitutional Amendment ensure financial autonomy for local governments?

A: The 74th Indian Constitutional Amendment mandates the creation of State Finance Commissions to ensure that local governments receive a share of state revenues, which they can use to fund their own development projects and services.

Q: What has been the impact of the 74th Indian Constitutional Amendment?

A: The 74th Indian Constitutional Amendment has led to the establishment of a more robust system of local governance in India, with greater participation of citizens in decision-making processes and more effective delivery of essential services at the grassroots level. However, challenges remain in terms of ensuring financial sustainability and capacity-building of local governments.

Share This Post:

Best tips for clat preparation 2024, legislative relations between union & state, leave feedback about this cancel reply.

• Quality 5 4 3 2 1
• Price 5 4 3 2 1
• Service 5 4 3 2 1

Related Post

How Personal Injury Lawyers Maximize Your Compensation After a

How to file an uber driver sexual assault lawsuit.