Introduction

• Municipalities play a crucial role in the governance and administration of urban areas in India.
• The Constitution of India, adopted in 1950, provides for a three-tier system of government, with municipalities constituting the local self-government at the grassroots level.
• The constitutional provisions related to municipalities outline their powers, functions, and structure, ensuring a decentralized and participatory approach to local governance.

How was the Journey of Municipality under Constitution?

• 74^th Amendment (1992):
  • One of the significant milestones in the journey of municipalities was the 74^th Amendment to the Constitution in 1992 that came into effect on 1^st June 1993.
  • While the 73^rd Amendment pertains to rural local bodies (Panchayats), the 74^th Amendment focuses on urban local bodies (Municipalities and Nagar Panchayats).
• Devolution of Powers:
  • The amendments aimed to strengthen the democratic decentralization process by devolving powers and responsibilities to local bodies.
  • They mandated the establishment of District Planning Committees and Metropolitan Planning Committees to ensure a more integrated and participatory approach to local planning.
• Finance Commission Recommendations:
  • The Constitution mandates the formation of State Finance Commissions and Finance Commissions for municipalities to recommend the principles governing the distribution of finances between the state and local bodies.
  • This helps ensure financial autonomy for municipalities.
• Wards and Municipal Elections:
  • Municipalities are usually divided into wards, and elections are conducted at regular intervals to elect representatives for these wards.
  • The reservation of seats for various categories ensures inclusivity and representation.
• Current Status:
  • As per a report of Finance Commission there are around 3700 urban local bodies with 100 corporations, 1500 municipal councils and 2100 nagar panchayats, besides 56 cantonment boards.

What are Provisions in Part IXA under Constitution?

• Article 243P: Definition and Composition of Municipalities:
  • Article 243P defines municipalities as institutions of self-government at the municipal level.
  • Clause d of Article states that "Municipal area" means the territorial area of a Municipality as is notified by the Governor.
  • Clause e of the Article states that "Municipality" means an institution of self-government constituted under Article 243Q;
• Article 243Q: Constitution of Municipalities:
  • There shall be constituted in every State:
    • A Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area;
    • A Municipal Council for a smaller urban area; and
    • A Municipal Corporation for a larger urban area.
• Article 243R: Composition of Wards Committees:
  • All the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards.
  • The Legislature of a State may, by law, provide -
    • for the representation in a Municipality of -
      • persons having special knowledge or experience in Municipal administration;
      • the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal area;
      • the members of the Council of States and the members 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: Provided that the persons referred to in paragraph (i) shall not have the right to vote in the meeting of the Municipality;
    • the manner of election of the Chairperson of a Municipality.
• Article 243S: Constitution and Composition of Wards Committees:
  • It states that there shall be constituted Wards Committees, consisting of one or more Wards, within the territorial area of a Municipality having a population of three lakhs or more.
  • Wards Committee consists of -
    • one ward, the member representing that ward in the Municipality; or
    • 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: Reservation of Seats:
  • Article 243T empowers the state legislature to enact laws specifying the reservations and rotation of seats for SCs, STs, and women in municipalities.
  • The reservation system aims to ensure the inclusive and equitable representation of various sections of society in local governance.
• Article 243U: Duration of Municipalities:
  • This article specifies the five-year term for municipalities, ensuring periodic elections and democratic continuity in local governance.
• Article 243V: Disqualification for Membership:
  • Disqualification of a member can be done on following grounds:
    • 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.
    • Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;
    • If he is so disqualified by or under any law made by the Legislature of the State.
• Article 243W: Powers, Authority, and Responsibilities of Municipalities:
  • It includes the powers and responsibility towards:
    • 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;
• Article 243X: Powers to Impose Taxes by Municipalities:
  • This article empowers municipalities to levy taxes on properties, including buildings and lands within their jurisdiction.
  • However, the taxes imposed should not be beyond the permissible limits defined by the state legislature.
• Article 243Y: Finance Commission:
  • Article 243W mandates the establishment of a Finance Commission by the Governor to review the financial position of municipalities.
  • The Finance Commission recommends principles for sharing taxes between the state and municipalities and measures to improve their financial health.
• Other Articles:
  • Articles 243Z, 243ZA, 243ZB, 243ZC, 243ZD, 243ZE, 243ZF, 243ZG talks about several areas such as Audit, Elections of Municipalities, Non-Application of Part IXA, District Planning Committee etc.

Conclusion

The constitutional provisions related to municipalities reflect the framers' vision of decentralized governance and grassroots democracy. By empowering municipalities with specific powers, ensuring reservations for marginalized sections, and fostering local participation, the Constitution of India lays the foundation for effective and inclusive local self-governance.