74th Amendment Act-Municipalities

The 74th Amendment of the Indian constitution decentralized powers and functions to municipal organizations at various levels of administration. It provided statutory provisions for urban administrative bodies that are towns and cities. Constitutionally, it amended article 280 and inserted Part 9A and Schedule 12.

Objectives of 74th Amendment Act

Municipalities now have constitutional status thanks to the statute. They now fall under the protection of the Constitution’s justiciable provisions as a result.
In other words, state governments must implement the new municipal system in compliance with the act’s requirements within the terms of their constitutions.
In order for municipal governments to properly serve as local government units, the legislation aims to improve and reinvigorate them.

Types of urban governments under 74th Constitutional Amendment Act

1. Municipal Corporation: A municipal Corporation for Larger Urban Areas.

2. Municipal Council: A Municipal council is for smaller urban area.

3. Nagar Panchayat: A Nagar Panchayat is for those areas which are transitional areas i.e. transiting from Rural Areas to Urban areas.

Characteristic Features of 74th Constitutional Amendment Act, 1993

The 74th Constitutional Amendment Act has numerous distinct features that provided the municipalities with the title and legality that was necessary for their upliftment in the urban society.

1) Types of Municipalities

One can categorize municipalities into three distinct types: Nagar Panchayat, Municipal Corporation, and the Municipal Council.

The Nagar Panchayat can be found in those areas that are on the verge of transition from rural to urban areas
Next is the Municipal Council which is responsible for urban areas that are small in area
Contrasting to the Municipal Council is the Municipal Corporation which takes care of the large urban areas

2) Composition of Municipalities

To fill seats in the municipalities, elections are conducted. It is here that the municipal areas are further categorised into different wards or territorial constituencies. Various individuals from individual constituencies within an urban area form the elected members of a municipal body. It is in the hands of the state legislature to decide the manner of conducting elections for the urban local bodies.

3) Reservation of Seats

The authorities have made numerous prerequisites to provide an acceptable representation of the weaker and backward classes of society. In the case of the scheduled caste and scheduled tribe, they would have those many seats in the municipality, relative to their population in the municipal areas. Like the village-level bodies, women of the backward category here too have 1/3rd representation or quotas for their seat in the urban local body.

4) Duration of Municipalities

Like the Panchayati Raj bodies, the municipalities also have a tenure period of five years. Conducting elections for the new municipalities should take place before the expiration of the term of the existing municipal body. However, in the event of dissolution before the predetermined five-year tenure, the election for the municipalities must occur within a span of six months.

5) Powers and Functions

The extent of powers and functions to be transferred to the Municipal bodies is determined by the State Legislature. The powers are granted to the Municipalities, considering the essential role of this body in urban areas.

6) Finance Commission

The Governor of the state holds the responsibility of setting up a State Finance Commission to look after the finances of the urban areas. It is the Consolidated Funds of the State that funds the activities of the State authorities and the urban level bodies under the state.

7) State Election Commissions

The State Election Commission is responsible for overseeing independent elections held every five years to elect municipal bodies in various urban areas under the state government. The responsibility of controlling, maintaining, and preparation of the electoral rolls lies in the hands of the State Election Commission.

Significance

Towns and cities play an important role in the country’s economic development.
These urban centers also contribute significantly to the development of the rural hinterland.
In order to align economic change with grassroots needs and realities, people and their representatives must actively participate in formulating and implementing local programs.
Democracy’s roots must reach towns, villages, and cities where people live if it is to remain strong and stable in Parliament and State Legislatures.

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