Municipality - Indian Polity | SSC CGL Tier 2 - Study Material, Online Tests, Previous Year PDF Download

Urban Local Government in India

In India, urban local government is facilitated through Municipalities, which serve as the local self-government units in urban areas. The governance within these municipalities is executed by elected representatives, who are chosen by the people residing in the respective urban areas. The jurisdiction of these local self-government units is specifically defined and delimited by the state government, outlining the boundaries within which they operate. Overseeing the subjects related to urban local government are key ministries at the national level, namely the Ministry of Housing and Urban Affairs for states, the Ministry of Defence for cantonment boards, and the Ministry of Home Affairs for Union Territories. These ministries play a crucial role in coordinating and regulating various aspects of urban governance in the country.

Historical Background of Municipalities

• Local self-government system existed before British rule.
• British dismantled the old self-contained village Panchayats.
• First municipal corporation in India established in Madras in 1688.
• Lord Rippon, in 1882, issued a resolution establishing Local Self-Government.
• Mahatma Gandhi advocated for Gram Swaraj and power transfer to rural masses.
• Government of India Act of 1935 declared local self-government a provincial subject.

Constitutional Provisions

• Constitution of India initially lacked provisions for local self-government.
• 74th Amendment Act, 1992 added Part IX A, giving constitutional status to Municipalities.
• Article 243P to 243ZG and twelfth schedule were introduced.
• Two committees mandated in each state: District Planning Committee and Metropolitan Planning Committee.

Evolution of Municipality:

• Community Development Programme (1952) and National Extension Scheme (1953) initiated.
• Committees formed to address democratic decentralization: Balwant Rai Mehta Committee, Ashok Mehta Committee, GVK Rao Committee, L.M Singhvi Committee.
• 64th Amendment Bill in 1989 and 73rd and 74th Amendment Act in 1992 enacted during P.V. Narasimha Rao's term.

Constitution of Municipalities:

• Clause 234K mandates the constitution of Municipalities in every state.
• Three types: Nagar Panchayat, Municipal Council, and Municipal Corporation.
• Article 243Q requires every state to constitute these units based on defined criteria.

Composition of Municipalities:

• Members generally elected directly by people from territorial constituencies.
• Chairman elected as per legislative provision.
• Committees may include individuals with special knowledge, members of legislative bodies, and committee chairpersons.

Ward Committee:

• Article 243S provides for ward committees in areas with a population of three lakh or more.
• State legislature determines composition, territorial area, and seat filling for ward committees.

Reservation of Seats:

• 33% seats reserved for women, including those for SC and ST.
• Reservations for SCs and STs based on their population.
• State legislature decides on reservation for chairpersons and backward classes.

Duration of Municipalities:

• Each municipality has a term of five years.
• Dissolution requires a reasonable opportunity for the municipality to be heard.
• Elections must be conducted within six months of dissolution.

Qualification for Membership:

• Article 243V specifies qualifications for Municipalities' members.
• Minimum age for contesting elections is 21 years.
• Disqualification matters referred to the state legislature.

Powers, Authority, and Responsibilities:

• Article 243W grants states the power to confer necessary authority on Municipalities.
• Responsibilities include economic development, social justice, and matters in the 12th schedule.

State Finance Commission:

• Article 234Y mandates the Finance Commission to review Municipalities' financial position.
• Recommendations cover distribution of proceeds, taxes, grants-in-aid, and measures for financial improvement.

Election of Municipalities:

• State Election Commission oversees electoral roll preparation and elections.
• Courts have no jurisdiction in matters related to delimitation or seat allocation.
• Election petitions can challenge the validity of elections, as per state legislature laws.

Types Of Urban Government

India boasts eight distinct types of urban governments, each tailored to address the specific needs and characteristics of diverse urban areas.

Municipal Corporation: This type of urban government is established for the administration of large cities. Comprising three distinct authorities - the Municipal Council, Standing Committees, and the Municipal Commissioner - Municipal Corporations are characterized by directly elected councilors, led by a Mayor, while the Commissioner, typically an IAS officer, is appointed by the state government.

Municipality: Responsible for the administration of small towns and cities, Municipalities share similarities with Municipal Corporations. However, they are distinct in that they are headed by a president/chairman instead of a Mayor, and their administrative leader is a chief executive officer/chief municipal officer.

Notified Area Committee: This committee is formed to oversee the administration of emerging towns that do not meet all the requirements for full municipality status. Unlike Municipalities, the Notified Area Committee is established through a notification and is neither a statutory nor democratically elected authority, with the entire body nominated by the state administration.

Town Area Committee: Established by a separate state legislature act, this semi-municipal entity manages small towns with limited civic responsibilities. The committee's composition can vary - it may be entirely elected, entirely nominated, or a combination of both, depending on state laws.

Cantonment Board: Specifically tasked with municipal administration in areas housing civilians within cantonment zones, these boards are created under the Cantonment Act, 2006, by the central government's Defense Ministry. The board is a partially elected and partly nominated body, with its ex-officio President being the military officer commanding the station.

Township: Large public corporations construct townships to provide municipal facilities for their employees residing in company-built housing colonies. Unlike elected bodies, all members, including the town administrator, are appointed by the enterprise.

Port Trust: Established in port areas such as Mumbai, Kolkata, and Chennai, port trusts serve two primary purposes: managing and protecting ports and providing civic amenities. Governed by an Act of Parliament, port trusts consist of both elected and nominated members.

Special Purpose Agency: These agencies are created by state legislature acts or executive orders, focusing on specific functions in a designated area. Unlike civic bodies, they are function-based, established as autonomous bodies or departments and not subordinate to local municipal bodies. An example is the Delhi Metro Rail Corporation.