Local Self Government — Urban Bodies

The 74th Amendment Act added the Twelfth Schedule, which contains 18 functional items that fall under the purview of urban local bodies (Article 243W).

Article 243Q provides for three types of urban bodies: Nagar Panchayat (for a transitional area), Municipal Council (for a smaller urban area), and Municipal Corporation (for a larger urban area). District Planning Committee is provided under Article 243ZD.

Article 243R states that the Legislature of a State may, by law, provide for the composition of municipalities.

According to Article 243V, the minimum age required for election as a member of a municipality is 21 years.

Article 243K and 243ZA mandate the State Election Commission to conduct elections for both Panchayats and Urban Local Bodies.

Article 243ZD mandates the constitution of a District Planning Committee to consolidate the plans prepared by Panchayats and Municipalities in the district.

Article 243ZE requires the constitution of a Metropolitan Planning Committee in every metropolitan area (an area having a population of 10 lakh or more) to prepare a draft development plan for the metropolitan area as a whole.

Article 243W deals with the powers, authority, and responsibilities of municipalities, empowering the State Legislature to entrust them with duties related to the Twelfth Schedule.

Article 243S provides that there shall be constituted Ward Committees in every Municipality with a population of 3 lakhs or more.

The State Finance Commission, constituted under Article 243Y, reviews the financial position of Panchayats and Municipalities and makes recommendations to the Governor.

Article 243T provides for the reservation of seats for Scheduled Castes, Scheduled Tribes, and women in municipalities.

Article 243U specifies that every municipality, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting.

The 74th Amendment specifies Nagar Panchayat, Municipal Council, and Municipal Corporation. Notified Area Committees are created by state government notifications and are not explicitly mentioned in the Constitutional provisions.

The Mayor is the elected head and the presiding officer of the Municipal Corporation, while the Municipal Commissioner is the Chief Executive Officer appointed by the State Government.

The concept of a Municipal Commissioner as the executive authority was introduced in the Bombay Municipal Corporation Act of 1888 and later expanded through the Government of India Act 1935.

Cantonment Boards are created for municipal administration for civilian population in cantonment areas and are governed by the Cantonments Act, 2006 (under the Ministry of Defence).

Article 243ZG bars the courts from interfering in the electoral matters of the municipalities, including the delimitation of constituencies.

Lord Ripon's 1882 resolution is hailed as the 'Magna Carta' of local self-government in India, earning him the title of the 'Father of Local Self-Government' in India.

According to Article 243X, the State Legislature may authorize a municipality to levy, collect, and appropriate taxes, duties, tolls, and fees.

Article 243-Y mandates the constitution of a State Finance Commission to review the financial position of municipalities and make recommendations regarding the distribution of taxes between the state and urban bodies.

The 74th Constitutional Amendment Act, 1992, added Part IX-A to the Constitution, titled 'The Municipalities', covering Articles 243-P to 243-ZG.

The District Planning Committee is responsible for consolidating the plans prepared by the Panchayats and the Municipalities in the district and preparing a draft development plan for the district as a whole.

The 74th Amendment explicitly mentions Ward Committees (Art 243S), District Planning Committees (Art 243ZD), and Metropolitan Planning Committees (Art 243ZE), but does not mandate Urban Development Authorities.

The 12th Schedule contains 18 functional items over which the municipalities may be given powers and authority to perform functions and implement schemes.

According to Article 243-U, an election to constitute a municipality must be completed before the expiration of a period of six months from the date of its dissolution.

The Municipal Commissioner is the Chief Executive Officer of the Municipal Corporation and is responsible for the implementation of all decisions taken by the Corporation and its committees.

Under Article 243-T, the Legislature of a State may, by law, provide for the reservation of offices of Chairpersons in the Municipalities for the SCs, STs, and women.

As per Article 243-Q, a Municipal Council is constituted for a smaller urban area, whereas a Municipal Corporation is for a larger urban area.

A Nagar Panchayat is constituted for a transitional area, i.e., an area which is in transition from a rural area to an urban area.

The Constitution does not specify who should be the Chairperson of the DPC; it leaves the composition and the manner of election of members and the Chairperson to be determined by the State Legislature.

Article 243-Z 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.

Article 243-Q(2) states that a Municipality may not be constituted in an industrial township if the Governor provides for it, without a specific population limit mentioned in the Constitution.

Ward Committees consist of one or more wards within the territorial area of a municipality, and the members are typically the councilors representing those wards.

While the composition is determined by the State Legislature, the Metropolitan Planning Committee usually includes representatives from the Municipalities and Panchayats, including the Chairperson/Mayor.

Article 243-ZA vests the superintendence, direction, and control of the preparation of electoral rolls and the conduct of all elections to the Municipalities in the State Election Commission.

According to Article 243-ZC, the State Legislature may, by law, extend or exclude the application of the provisions of Part IX-A to certain areas, such as those under specific acts.

A Notified Area Committee is created by a notification in the government gazette. It is neither a statutory body nor a fully elected body.

In most states, the Mayor is a ceremonial head and is elected by the elected councilors from among themselves, while the executive powers rest with the Municipal Commissioner.

Article 243ZA mandates that the superintendence, direction, and control of the preparation of electoral rolls and the conduct of all elections to municipalities shall be vested in the State Election Commission.

The Municipal Commissioner is the chief executive authority of the municipal corporation and is appointed by the state government, whereas the Mayor is the elected ceremonial head.

Article 243T leaves it to the discretion of the State Legislature to provide for the reservation of the offices of Chairpersons in municipalities for SCs, STs, and women.

Under Article 243ZE, the MPC prepares a draft development plan for the metropolitan area as a whole, taking into account the plans prepared by municipalities and panchayats in that area.

The 12th Schedule lists 18 functions for municipalities. National highways are a central subject, not a local urban body function.

Under Article 243U, if a municipality is dissolved, the election to constitute a new municipality must be completed before the expiration of a period of 6 months, and the new body holds office only for the remainder of the period.

Article 243Y mandates the constitution of a Finance Commission by the Governor to review the financial position of the municipalities and make recommendations to the Governor.

The Zila Parishad Chairperson is typically associated with the DPC to ensure coordination between rural (panchayati raj) and urban bodies.

A Notified Area Committee is created by a notification in the government gazette for an area which is industrially developing or lacks basic civic amenities but is administratively important.

Article 243V states that a person shall be disqualified for being chosen as a member of a municipality if they are so disqualified by any law made by the State Legislature.