Powers and Functions of Urban Local Bodies for UPSC Polity
Urban Local Bodies (ULBs) are crucial for the administration and development of cities and towns in India. Understanding their powers and functions is a key aspect of the UPSC Polity and Constitution syllabus. This module will delve into the constitutional basis, key responsibilities, and operational aspects of ULBs.
Constitutional Framework: The 74th Amendment Act, 1992
The 74th Constitutional Amendment Act of 1992 is the cornerstone for the modern structure and functioning of Urban Local Bodies in India. It introduced Part IX-A into the Constitution, dealing with Municipalities, and also added the Twelfth Schedule, which enumerates the powers and responsibilities that can be devolved to these bodies.
The 74th Amendment Act empowers urban local bodies and outlines their functional domains.
This amendment provided constitutional status to ULBs, ensuring their regular elections and financial autonomy. It also listed 18 specific functions for them in the Twelfth Schedule.
Prior to the 74th Amendment, the status and functioning of urban local bodies varied significantly across states, often leading to inefficiency and lack of accountability. The amendment aimed to standardize their structure, ensure democratic representation through regular elections, and provide them with the necessary powers and financial resources to function effectively. The Twelfth Schedule, added by this amendment, is particularly important as it lists the subjects that can be transferred to municipalities, covering a wide range of urban development and civic amenities.
Types of Urban Local Bodies
India has several types of urban local bodies, each catering to different population sizes and urban characteristics. The specific type of ULB in a given area is determined by the state government based on factors like population density and economic activity.
| Type of ULB | Population Size | Key Functions |
|---|---|---|
| Municipal Corporation (Nagar Nigam) | Large cities (typically > 1 million population) | Water supply, sewerage, roads, public health, primary education, town planning, fire services, waste management. |
| Municipality (Nagar Palika/Parishad) | Medium-sized towns (typically 50,000 to 1 million population) | Similar to Municipal Corporations but scaled to the size of the town; focus on basic civic amenities. |
| Nagar Panchayat | Transitional areas (areas in transition from rural to urban, typically 10,000 to 50,000 population) | Focus on developing basic urban infrastructure and services. |
| Cantonment Boards | Areas under military control | Civic administration and amenities for military personnel and civilians in cantonment areas. |
| Town Area Committees | Small towns with specific local needs | Limited functions, often focused on conservancy and lighting. |
| Port Trusts | Major port cities | Administration and development of port areas, including civic amenities. |
Key Powers and Functions (Twelfth Schedule)
The Twelfth Schedule, as per Article 243W of the Constitution, lists 18 specific powers and functions that can be devolved to municipalities. These functions are broad and cover essential aspects of urban governance and development.
Article 243W empowers municipalities, and the Twelfth Schedule lists these functions.
These functions can be broadly categorized into:
Urban Planning and Development:
- Urban planning and zoning
- Town planning and development
- Regulation of land use and construction of buildings
Basic Civic Amenities:
- Water supply to the public
- Public health, sanitation, conservancy and solid waste management
- Fire services
- Public amenities, such as street lighting, parking lots, bus stops and public conveniences
Economic and Social Development:
- Economic and social planning
- Urban poverty alleviation
- Promotion of cultural, educational and aesthetic aspects
Infrastructure and Environment:
- Roads, bridges, sub-ways and flyovers
- Public transportation
- Preservation of environment and promotion of ecological aspects
- Street lighting, parking lots, bus stops and public conveniences
- Burials and cremation grounds, regulation of places for public entertainment
Other Functions:
- Regulation of markets and slaughter houses
- Registration of births and deaths
While the Twelfth Schedule lists 18 functions, the actual devolution of these powers to ULBs varies significantly from state to state, depending on the State Municipal Acts and the political will to decentralize.
Financial Powers
ULBs derive their financial powers from various sources, including taxes, fees, grants from state and central governments, and borrowings. Key financial powers include:
- Levying Taxes: Property tax, professional tax, entertainment tax, advertisement tax, etc.
- Charging Fees: For services like water supply, sanitation, building plan approval.
- Grants-in-Aid: From State Finance Commissions and Central Finance Commissions.
- Borrowing: Raising funds from financial institutions and capital markets.
The functional responsibilities of Urban Local Bodies are extensive, covering everything from basic sanitation and water supply to urban planning and poverty alleviation. The Twelfth Schedule of the Indian Constitution outlines 18 specific areas of responsibility. These can be visualized as a wheel, with the municipality at the hub, and spokes representing each of the 18 functions radiating outwards, all supported by the constitutional framework.
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Challenges and Way Forward
Despite constitutional provisions, ULBs face several challenges, including financial constraints, lack of trained personnel, political interference, and inadequate devolution of powers. Addressing these issues is crucial for effective urban governance and service delivery.
Financial constraints and inadequate devolution of powers are two major challenges.
Learning Resources
Access the full text of the 74th Constitutional Amendment Act, which is fundamental to understanding the powers and functions of urban local bodies.
Review the specific list of 18 functions enumerated in the Twelfth Schedule that can be devolved to municipalities.
A comprehensive overview of urban local bodies in India, their structure, functions, and challenges, from PRS Legislative Research.
Details the specific functions and responsibilities of Municipal Corporations, using Delhi as an example.
An insightful blog post discussing the role and importance of ULBs in India's governance structure.
An academic paper exploring the challenges and opportunities in urban governance in India, relevant to ULB functions.
Information on the role of Finance Commissions in recommending financial resources for local bodies, including ULBs.
A video lecture explaining the concept of Urban Local Bodies for UPSC Civil Services Exam preparation.
A Wikipedia article providing a broad overview of municipal administration in India, including the types and functions of ULBs.
Learn about the Smart Cities Mission, which aims to develop sustainable and citizen-centric urban infrastructure, often implemented through ULBs.