MUNICIPALITIES (ARTICLE 243P-243ZG) 74TH CAA - CONSTITUTION OF INDIA

This article has stated the concept of Municipalities under the Indian Constitution embodying key features of the 74^th Constitutional Amendment Act i.e., Article 243P-243ZG, insertion of the Part IXA

 

1. INTRODUCTION:

 

The Constitution of India provides for a three-tier system of government, consisting of the central government, state governments, and local governments, including municipalities.

 

The assignment of municipalities to the states is governed by the State List and the Twelfth Schedule of the Constitution. The State List contains subjects on which the state governments have exclusive legislative power, and the Twelfth Schedule specifies the functions and powers of municipalities.

 

According to the Twelfth Schedule, municipalities are responsible for various functions such as urban planning, regulation of land use, planning for economic and social development, public health, sanitation, water supply, urban poverty alleviation, and promotion of cultural, educational, and aesthetic aspects. They also have the power to levy and collect taxes, fees, and charges within their jurisdiction.

 

The specific assignment of municipalities may vary from state to state, as each state has its own legislation regarding local governance. The state governments are responsible for establishing municipalities and defining their powers, functions, and organizational structure through laws enacted by their respective state legislatures.

 

 

2. 74^TH AMENDMENT OF THE CONSTITUTION (PART IXA)

 

The constitutional provisions related to municipalities in India are primarily mentioned in Part IXA of the Constitution, which was added by the 74th Amendment Act, 1992. The key features of the 74^th Amendment, as incorporated in the Constitution, are as follows;

 

i. Article 243P: This article defines "Municipalities" as institutions of self-government at the local level. It specifies that there shall be a municipality for every urban area, and its composition and powers will be determined by the state legislature.


ii. Article 243Q: It establishes the constitution of municipalities. It states that every municipality shall be constituted for a municipal area, and its members shall be chosen through direct elections. It also provides for reservation of seats for Scheduled Castes, Scheduled Tribes, and women.


iii. Article 243R: This article deals with the composition of municipalities. It provides for the reservation of seats for Scheduled Castes and Scheduled Tribes in proportion to their population in the municipal area. It also provides for reservation of one-third of the total seats for women.


iv. Article 243S: It defines the Constitution and Composition of Wards Committee, etc – there shall be constituted Ward Committee, consisting of one or more wards, within the territorial area of a municipality having a population of three lakhs or more.


v. Article 243T: This article deals with the reservation of seats for Scheduled Castes, Scheduled Tribes, and women in the offices of the chairpersons of municipalities. It ensures that these positions are also reserved proportionally.


vi. Article 243U: It provides that 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. Thus, the maximum duration of a Municipality is five years.


vii. Article 243V: It provides the conditions for the disqualification of the membership; a person can be disqualified – if he is disqualified by or under any for the time being in force for the purpose of elections to the Legislature of the state concerned; if is so disqualified by or under any other law made by the legislature of the state.


But a person shall not be disqualified on the ground that he is less than 25 years of age if he has attained 21 years of age.


viii. Article 243W: It specifies the powers, authority, and responsibilities of municipalities. It includes functions such as urban planning, regulation of land use, public health, sanitation, water supply, infrastructure development, and implementation of schemes for economic development and social justice


ix. Article 243X: A municipality needs funds and resources to perform its wide range of functions. There are certain methods laid-out in Article 243X of the Constitution through which municipalities mobilise funds. The process is very similar to the one followed by panchayats, so let’s have a quick look at the provisions of this Article.


x. Article 243Y: It has provided for the creation of a Finance Commission for municipalities by the Governor under Article 243Y. Enumerated below are the main provisions of this Article.


a. The Finance Commission appointed by the Governor shall review the financial position of the municipality and make recommendations in two matters: how to distribute the money between the state and the municipality, and how to improve the financial position of the latter.

b. The Legislature would decide the composition of the Commission, the qualification of its membership, as well as the powers it would hold.

c. The Governor shall communicate all the recommendations made by the Commission to the state as well as the measures it should take to implement them.


xi. Article 243Z: It provides that the Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Municipalities and the auditing of such accounts.


xii. Article 243ZA: 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.


xiii. Article 243ZB: states that the provisions related to municipalities shall apply to Union Territories in the same way as in the case of the states, but the President may, by public notification, make any modifications in this provision.


xiv. Article 243C: There are certain areas in India that stand as exceptions to Part IX of the Constitution. This means that the state cannot establish municipalities in those areas. The areas which are provided as exceptions by Article 243C are mentioned below:


a. The Scheduled Areas and tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram
b. The Darjeeling Gorkha Hill Council.


xv. Article 243D: According to Article 243D, a Committee for District Planning is set up to consolidate the plans made by panchayats and municipalities in a district. It is also responsible for preparing development plans for the district, keeping in mind the interests of both the rural and urban areas within it and the resources available with the district. These plans are communicated by the Chairperson of the Committee to the State government.


xvi. Article 243E: This article mandates the constitution of a Metropolitan Planning Committee in every metropolitan area to prepare a development plan for the area.


xvii. Article 243F: Even before the enactment of the 74th Amendment in 1992, there existed certain laws and provisions relating to Municipalities in various states. Article 243F, therefore, provides that any such laws and provisions would continue to be in force even if they were inconsistent with Part IX of the Constitution unless they were specifically repealed or amended by a competent Legislature or any other competent authority.


xviii. Article 243G: Article 243G of the Constitution bars courts from interfering in the matters of municipalities, like delimitation or allotment of seats. Courts have no jurisdiction in electoral matters of a municipality.

 

3. CONCLUSION

 

In general, municipalities are responsible for the governance of urban areas, including cities, towns, and other urban settlements. The size, structure, and organization of municipalities may vary depending on the population and development of the urban area.

 

It's important to note that while the Constitution provides for the assignment of municipalities to the states, the actual implementation and administration of municipalities are carried out by the state governments in accordance with their respective laws and regulations.