By Sreekutty & Nihala Navas
The 74th constitutional Amendment has added a new Part IX A titled “Municipalities” inthe Indian Constitution, consisting of 18 articles – Article 243P to 243 ZG. It has also addedTwelfth Schedule, which elaborates Article 243 W dealing with powers, authority andresponsibilities of the Municipalities.
Article 243 Q provides for the establishment of the following three types of municipalities
for urban areas:
● A Nagar Panchayat for a transitional area, that is an area in transition from a rural area
to a urban area;
● A Municipal Council for a smaller urban area; and
● A Municipal corporation for a larger urban area.
Article 243 R provides for the composition of municipalities. All the seats in a Municipalityshall be filled by persons chosen by direct elections from territorial constituencies in the Municipal
area. For this purpose, each Municipal area shall be divided into territorial constituencies to be
known as wards.
Article 243 S provides for the constitution and composition of ward committees, consistingof one or more wards, within the area of a Municipality having a population of three lakh or more.
Article 243T provides for reservation of seats for scheduled castes and scheduled tribes inevery Municipality. Out of the total number of seats to be filled by direct elections, at least one
third would be reserved for women. Such seats maybe allotted by rotation to different
constituencies in a Municipality.
Article 243 U provides that every Municipality shall have a duration of five years, but it maybe dissolved earlier.
Article 243 W provides for the powers, authority and responsibilities entrusted to the
Municipalities to prepare plans for economic development and social justice, perform functions andimplement schemes in respect of matters listed in the Twelfth schedule. This schedule contains 18items which include urban planning including town planning, regulation of land-use, constructionof buildings, roads & bridges, water supply, public health, sanitation, solid waste management,
slum improvement, safeguarding the interests of weaker sections of society, burial grounds,
provisions of urban amenities and facilities such as parks & playgrounds, registration of births anddeaths, street lighting, parking lots, regulation of slaughter houses etc.
Article 243 X confers powers on the Municipalities to impose taxes, duties, tolls etc. and toreceive finance from the state government in the form of grants-in-aid. The Finance Commissionshall review the financial position of the Municipalities and make the necessary recommendations.
Apart from giving constitutional recognition to Municipalities, the 74th
Amendment lays down that in every state two District Planning Committees shall be constituted –
(i) at the district level, a District Planning Committee. (Article 243 ZD)
(ii) In every metropolitan area, a Metropolitan Planning Committee (Article 243 ZE).
Thus the 74th Constitutional Amendment Act, 1993 was a landmark in constituting urbanlocal governments in India.
Littérateurs 