Understanding the 74th Constitutional Amendment Act, 1992
The 74th Constitutional Amendment Act, 1992, is a landmark legislation in India that significantly reformed urban local governance. It aimed to strengthen the democratic decentralization process by providing constitutional status and powers to Municipalities, analogous to the 73rd Amendment for Panchayats. This amendment is crucial for understanding the structure and functioning of urban local bodies in India, particularly for competitive exams like the UPSC.
Key Objectives and Provisions
The primary objective of the 74th Amendment was to empower urban local bodies (ULBs) and make them more effective instruments of local self-governance. It introduced a new Part IX-A in the Constitution, titled 'The Municipalities', and also added a new Twelfth Schedule.
Constitutional Status for Municipalities.
The amendment granted constitutional recognition to Municipalities, ensuring their existence and functioning are protected by the Constitution, thereby enhancing their autonomy and stability.
Prior to this amendment, Municipalities were largely creatures of state statutes, making them vulnerable to political interference and frequent changes. The 74th Amendment elevated them to a constitutional level, providing a framework for their organization and operation across the country.
Establishment of Three Types of Municipalities.
It mandated the establishment of three types of urban local bodies: Nagar Panchayat (for transitional areas), Municipal Council (for smaller urban areas), and Municipal Corporation (for larger urban areas).
This classification ensures that the structure of urban governance is tailored to the specific needs and population size of different urban settlements, promoting efficient administration.
Constitution of Wards Committees.
For urban areas with a population of three lakh or more, the amendment provides for the formation of Wards Committees, which are to be constituted of one or more wards within a ward.
Wards Committees are intended to bridge the gap between citizens and the municipal administration, facilitating greater participation in local planning and governance at a more granular level.
Reservation of Seats.
The Act mandates the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population in the municipality. It also provides for the reservation of not less than one-third of the total seats for women.
This provision is crucial for ensuring representation of marginalized communities and promoting gender equality in urban local governance.
Duration of Municipalities and Filling of Vacancies.
Municipalities are to have a fixed term of five years. If dissolved before the expiry of its term, elections must be held within six months.
This ensures continuity and democratic accountability in the functioning of urban local bodies.
Powers and Responsibilities (Twelfth Schedule).
The Twelfth Schedule lists 18 functional items that may be entrusted to Municipalities, covering areas like urban planning, regulation of land use, public health, sanitation, and social welfare.
This schedule provides a clear mandate for the functions that ULBs are expected to perform, thereby enhancing their role in urban development and service delivery.
Significance and Impact
The 74th Amendment has been instrumental in bringing about a more structured and democratic approach to urban governance in India. It has empowered citizens by bringing governance closer to them and has provided a framework for greater accountability and transparency in municipal administration. However, the effective implementation of its provisions varies across states, with challenges related to devolution of funds, functions, and functionaries.
Think of the 74th Amendment as giving a constitutional 'bill of rights' to cities and towns, defining their powers and responsibilities, much like the Constitution does for the nation.
Part IX-A, titled 'The Municipalities'.
18 functional items.
Not less than one-third of the total seats.
Comparison with 73rd Amendment
| Feature | 73rd Amendment (Panchayats) | 74th Amendment (Municipalities) |
|---|---|---|
| Constitutional Part | Part IX | Part IX-A |
| Areas Covered | Rural Local Governance | Urban Local Governance |
| Types of Bodies | Gram Panchayat, Panchayat Samiti, Zila Parishad | Nagar Panchayat, Municipal Council, Municipal Corporation |
| Schedule Added | Eleventh Schedule | Twelfth Schedule |
| Number of Functional Items | 29 | 18 |
Challenges and Way Forward
Despite the constitutional mandate, the effective implementation of the 74th Amendment faces several challenges, including:
- Inadequate devolution of funds and functions to ULBs.
- Lack of functional autonomy and dependence on state governments.
- Capacity building and skill development for elected representatives and officials.
- Political interference in the functioning of ULBs.
Addressing these challenges is crucial for realizing the full potential of urban local self-governance and ensuring efficient urban development and service delivery.
Learning Resources
Direct access to the constitutional text of Part IX-A, providing the foundational legal framework for urban local bodies in India.
A detailed analysis and summary of the 74th Amendment Act, explaining its objectives, provisions, and implications.
An academic paper discussing the state of urban local governance, including the impact and challenges of the 74th Amendment.
A comprehensive blog post explaining the key features, objectives, and significance of the 74th Amendment Act for competitive exam aspirants.
A video tutorial that explains both the 73rd and 74th Constitutional Amendments, highlighting their similarities and differences.
Provides a broad overview of local government structures in India, contextualizing the role and impact of the 74th Amendment.
An opinion piece discussing the importance and current status of urban local bodies post the 74th Amendment.
NITI Aayog's resources on municipal finance, which are critical for understanding the financial devolution aspect of the 74th Amendment.
A direct link to the bare act of the 74th Constitutional Amendment, offering the precise legal wording.
A research paper that delves into the implementation and impact of the 74th Amendment on urban governance across different Indian cities.