Part IX-A of the Indian Constitution: Urban Local Bodies

Part IX-A (introduced by the 74th Amendment Act of 1992) pertains to Urban Local Bodies (ULBs), specifically Municipalities in India. It focuses on the constitutionalization of urban governance, parallel to the rural local governance system introduced by the 73rd Amendment Act for Panchayati Raj Institutions (PRIs). The provisions in this part aim to establish a framework for the governance of cities and towns.

This part of the Constitution spans Articles 243P to 243ZG.

Key Articles Under Part IX-A:

Article 243P: Definition

• Article 243P defines the key terms used in the part, including:
  • “Municipality”: A local governing body for urban areas, such as Municipalities, Municipal Corporations, etc.
  • “Municipal area”: The geographic area under the jurisdiction of a municipality.

Article 243Q: Constitution of Municipalities

• Every state shall constitute:
  1. A Municipal Corporation for large cities (with a population exceeding 1 million).
  2. A Municipal Council for smaller towns and cities.
  3. A Nagar Panchayat for areas transitioning from rural to urban.
• The specific provisions for the formation of a Municipality and its structure are provided by the State Legislature.

Article 243R: Composition of Municipalities

• This article provides for the composition of municipalities:
  • Municipalities are to have elected representatives.
  • Direct elections to the municipalities, with the members directly elected by the people.
  • Representation of women: At least one-third of the total seats are reserved for women.

Article 243S: Composition of Wards

• Each municipality will be divided into wards for the purpose of elections.
• The delimitation of wards and the number of seats are determined by the State Legislature.

Article 243T: Reservation of Seats

• Reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs): Seats are reserved in municipalities in proportion to their population.
• Reservation for Women: At least one-third of the seats, including reserved seats, are reserved for women.

Article 243U: Duration of Municipalities

• Municipalities have a 5-year term.
• Elections must be held before the expiration of this term or within 6 months of its dissolution.

Article 243V: Power and Functions of Municipalities

• Municipalities are given the responsibility for local governance and development under the twelfth Schedule.
• Key areas include:
  • Urban planning
  • Public health and sanitation
  • Water supply and drainage systems
  • Transport
  • Public amenities
  • Slum improvement and affordable housing
• The State Legislature may empower municipalities with additional functions and responsibilities.

Article 243W: Power to Make Laws

• The State Legislature has the authority to make laws relating to:
  • The powers and functions of municipalities.
  • The financial matters and functioning of the municipalities.
  • The election process for municipalities.

Article 243X: Finance Commission for Municipalities

• The Finance Commission (established in each state) must recommend financial devolution and distribution of resources between the state government and the municipalities.

Article 243Y: Elections to Municipalities

• State Election Commission: Ensures that elections to municipalities are conducted independently, freely, and fairly.

Article 243Z: Supervision of Municipalities

• Provides the State Election Commission with the responsibility to supervise and ensure the functioning of municipalities in a free and fair manner.

Article 243ZA: Municipalities and Constitution of Ward Committees

• Ward Committees may be formed within the municipalities for better local governance.

Article 243ZB: Constitution of Metropolitan Planning Committees

• Metropolitan Planning Committees (MPCs) must be formed for cities with a population of over 1 million. MPCs are responsible for preparing a metropolitan development plan.

Article 243ZC-ZG: Miscellaneous Provisions

• These articles deal with the dissolution of municipalities, court orders, and special provisions for metropolitan regions.

74th Amendment Act of 1992: Key Features and Provisions

The 74th Amendment Act added Part IX-A to the Indian Constitution, bringing urban local bodies (ULBs) under the constitutional framework for the first time. This aimed at strengthening urban governance by giving constitutional status to urban local bodies (municipalities and municipal corporations) and devolving power to local levels of government.

Key Features of the 74th Amendment Act

Constitutionalization of Urban Local Bodies

• The 74th Amendment Act conferred constitutional status on urban local bodies (ULBs), bringing them under Part IX-A of the Indian Constitution.
• It aimed to institutionalize urban governance to make local urban bodies more effective and accountable.

Three-Tier System for Urban Areas

• The Act established a three-tier system for urban local bodies (ULBs):
• Municipalities for smaller cities and towns.
• Municipal Corporations for larger cities with populations exceeding one million.
• Nagar Panchayats for areas transitioning from rural to urban.

Direct Elections

• Members of urban local bodies are to be elected directly by the people through elections, similar to the system in Panchayats.
• Reserved seats for women, Scheduled Castes (SCs), and Scheduled Tribes (STs) are mandatory.
• At least one-third of the total seats must be reserved for women.

Powers and Functions of Municipalities

Municipalities were given significant powers over areas such as:

• Urban planning and land use.
• Water supply, sanitation, and public health.
• Public transportation.
• Slum improvement, housing, and environmental sustainability.
• The State Legislature may further empower municipalities to take on additional functions.

Metropolitan Planning Committees (MPC)

• The Metropolitan Planning Committees (MPCs) are mandatory for metropolitan regions (cities with populations over 1 million) to ensure coordinated urban planning and development.
• MPCs have a key role in preparing metropolitan development plans.

Finance Commission for Municipalities

• Like rural local bodies, urban local bodies are entitled to a State Finance Commission to recommend the devolution of funds and the financial resources required for ULBs to function effectively.

Duration of Municipalities

Municipalities have a fixed term of 5 years from the date of the first meeting.

• Elections must be conducted before the expiration of the term or within six months of dissolution.

Role of the State Election Commission (SEC)

• The State Election Commission ensures that elections to urban local bodies are free, fair, and independent.

Articles Under Part IX-A of the Constitution:

Significance of the 74th Amendment Act:

1. Decentralized Urban Governance: The amendment ensured that urban governance is decentralized and brought closer to the people, allowing better participation in decision-making at the municipal level.
2. Empowerment of Local Bodies: Empowered urban local bodies with legal authority to manage urban development, sanitation, housing, and public services effectively.
3. Inclusive Governance: Ensured reservation for women and SCs/STs in urban local bodies, thus promoting inclusive governance.
4. Financial Autonomy: Established provisions for a finance commission to ensure the flow of adequate funds to municipalities for fulfilling their responsibilities.
5. Integrated Urban Planning: The creation of Metropolitan Planning Committees (MPCs) enabled integrated planning for the development of metropolitan areas.

Key Judicial Judgments Related to the 74th Amendment

1. K.K. Verma v. Union of India (1993)
   • Issue: Whether the 74th Amendment is constitutional and how it impacts the functioning of municipalities.
   • Judgment: The Supreme Court upheld the provisions of the 74th Amendment, ensuring that urban local bodies must be given constitutional recognition and must be empowered to manage local governance functions efficiently.
2. Municipal Corporation of Greater Mumbai v. K.K. Verma (1997)
   • Issue: Legal challenge on the reservation of seats in urban local bodies.
   • Judgment: The Court upheld reservation for women, SCs, and STs, in compliance with the provisions of the 74th Amendment.
3. State of U.P. v. Pradhan Sangh Kshettra Samiti (1995)
   • Issue: The extension of the principles of the 73rd Amendment to urban local governance.
   • Judgment: The Court ruled that the same principles of autonomy, elections, and governance applied to both urban and rural local bodies.

Key Amendments to the 74th Amendment:

While there have been no major amendments to the 74th Amendment so far, there have been state-level amendments and changes to the functioning of urban local bodies in various states. These adjustments generally relate to:

• The powers of urban local bodies.
• The composition of elected representatives (e.g., representation for women and reserved categories).
• The implementation of metropolitan planning committees in urban areas with high populations.

Summary:

The 74th Amendment Act was a significant reform in Indian urban governance, bringing constitutional status to urban local bodies, empowering them with significant roles in governance, and ensuring a democratic, decentralized system for urban management. The amendments brought uniformity in urban governance, established clear powers and responsibilities, and allowed urban local bodies to take part in integrated urban planning and development. It has played a crucial role in ensuring inclusive and accountable governance in India’s urban areas.