The 74th Constitutional Amendment Act of 1992 is a landmark legislation that aimed to strengthen urban local governance in India by providing constitutional status to Municipalities and empowering them with greater autonomy, functions, and resources. The amendment introduced significant changes to Part IXA of the Indian Constitution, which deals with the provisions related to Municipalities. Below are the major features of the 74th Constitutional Amendment Act.
Constitutional Status for Municipalities
The 74th Amendment Act inserted a new Part IXA into the Indian Constitution, which provides constitutional status to Municipalities. It recognizes Municipalities as institutions of self-government and empowers them to function as democratic units of local governance.
Three Types of Municipalities
The amendment introduced provisions for the establishment of three types of Municipalities in urban areas:-
- Nagar Panchayats for transitional areas
- Municipal Councils for smaller urban areas
- Municipal Corporations for larger urban areas
Composition of Municipalities
The amendment prescribes the composition of Municipalities, including elected representatives, nominated members, and representation for specific categories such as women, Scheduled Castes (SCs), Scheduled Tribes (STs), and backward classes. It mandates reservations for seats in Municipalities to ensure representation of marginalized groups.
Direct Elections
The 74th Amendment Act mandates that members of Municipalities be elected through direct elections on the basis of adult suffrage. It ensures democratic participation and representation in urban local governance by enabling citizens to elect their representatives to Municipalities.
Reservation of Seats
The amendment provides for the reservation of seats for women, SCs, STs, and backward classes in Municipalities. It ensures inclusiveness and social justice in urban local governance by promoting representation of marginalized and underrepresented groups in decision-making processes.
Functions and Powers of Municipalities
The 74th Amendment Act enumerates the functions and powers of Municipalities, including urban planning, regulation of land use, infrastructure development, public health, sanitation, water supply, street lighting, and maintenance of roads and public amenities. It empowers Municipalities to undertake a wide range of functions essential for urban development and governance.
District Planning Committees
The amendment mandates the establishment of District Planning Committees (DPCs) in every district to consolidate the plans prepared by Municipalities and rural local bodies and to prepare a draft development plan for the district as a whole. DPCs facilitate coordination and integration of urban and rural development initiatives at the district level.
Metropolitan Planning Committees
The amendment provides for the establishment of Metropolitan Planning Committees (MPCs) in metropolitan areas to prepare a draft development plan for the metropolitan area as a whole. MPCs ensure coordinated and integrated planning and development of metropolitan regions, taking into account the interests of Municipalities and other local bodies.
State Election Commission
The amendment mandates the establishment of a State Election Commission to conduct elections to Municipalities and other local bodies. It ensures the conduct of free and fair elections, impartiality, and independence in the electoral process at the state level.
Finance Commission
The amendment mandates the establishment of a Finance Commission by the state government to review the financial position of Municipalities and to make recommendations on the principles for the distribution of financial resources between the state government and Municipalities. It ensures financial autonomy and stability for Municipalities.
In conclusion, the 74th Constitutional Amendment Act introduced significant reforms to strengthen urban local governance in India by providing constitutional status to Municipalities, empowering them with greater autonomy, functions, and resources, and ensuring democratic participation and representation in decision-making processes. The major features of the amendment aimed to promote inclusive and sustainable urban development, enhance the effectiveness of Municipalities, and foster participatory and accountable governance in urban areas.
