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 Municipalities, known as Urban Local Bodies (ULBs), are fundamental to India's democratic framework, reflecting the nation's dedication to decentralization and local self-governance in urban regions. Developed over time, these entities seek to empower urban communities, foster participatory democracy, and enhance socio-economic development at the local level. This article from NEXT IAS explores the meaning, evolution, features, significance, and various related aspects of Municipalities.

Meaning of Municipalities

• Municipalities, or Urban Local Bodies (ULBs), represent the framework of 'Urban Local Self-Governance' in India. This system involves governing urban areas through representatives elected by the local population. 
• These bodies have been set up in urban regions across all states, functioning as the third tier of government. The goal is to foster democracy at the grassroots level. 
• By involving urban residents directly in the decision-making process, this system aims to improve the effectiveness and accountability of urban development efforts. 

At the central level, the topic of "Urban Local Government" is managed by three different ministries: 
1. Ministry of Housing and Urban Affairs (MoHUA): This ministry is primarily responsible for urban development and housing issues in cities and towns across the country. 
2. Ministry of Defence (MoD): The Defence Ministry handles matters related to Cantonment Boards, which are specific areas governed by the Defence Ministry, usually in and around military establishments. 
3. Ministry of Home Affairs (MHA): This ministry deals with Urban Local Government issues in Union Territories, which are regions governed directly by the central government.

Constitutional Provisions Regarding Municipalities 

Part IX-A of the Constitution

• The 74th Constitutional Amendment Act added a new Part IX-A to the Constitution, titled 'The Municipalities'.
• Part IX-A comprises Articles 243-P to 243-ZG and outlines various provisions related to municipalities.

Twelfth Schedule to the Constitution

• The 74th Amendment also introduced a new Twelfth Schedule to the Indian Constitution.
• This schedule delineates the powers, authority, and responsibilities of municipalities.
• It includes a detailed list of 18 functions delegated to municipalities to empower them in managing a range of local issues effectively.

1. Ancient and Harappan Period: Urban local governance is believed to have existed during the Harappan period, showcasing the long-standing tradition of managing urban areas in India. 
2. British Rule and Early Municipalities:
   • 1688: The first Municipal Corporation in India was established in Madras (now Chennai).
   • 1726: Municipal Corporations were set up in Bombay (now Mumbai) and Calcutta (now Kolkata), marking the formal recognition of local governance.
3. Decentralization and Local Self-Government:
   • 1870: Lord Mayo’s Resolution on Financial Decentralisation proposed the development of local self-government institutions for better management of municipal finances.
   • 1882: Lord Ripon’s Resolution, known as the ‘Magna Carta’ of Local Self-Government, laid the groundwork for modern local governance, earning Lord Ripon the title of the ‘Father of Local Self-Government in India.’
4. Royal Commission on Decentralisation:
   • 1907-1909: The Royal Commission on Decentralisation, chaired by C.E.H. Hobhouse, was appointed to enhance local self-governance structures, leading to recommendations for strengthening local bodies.
5. Government of India Acts:
   • 1919: The Government of India Act introduced the Dyarchical Scheme, making Local Self-Government a transferred subject under the control of an Indian Minister, promoting local autonomy.
   • 1935: The Government of India Act made Local Self-Government a Provincial Subject, transferring greater responsibility and autonomy to provincial governments for local affairs.
6. Post-Independence Reforms:
   • 1949 Onwards: The Government of India appointed various committees and commissions to recommend improvements in the functioning of urban local governments, reflecting the ongoing evolution of local governance.
7. Constitutional Recognition:
   • 1992: The 74th Constitutional Amendment Act granted constitutional status to Municipalities and established a uniform structure for urban local governance across the country. This amendment brought states under constitutional obligation to adopt the new urban local government framework as per the Act’s provisions.

Through these historical developments, urban local governance in India has evolved from ancient practices to a structured and constitutionally recognized system, reflecting the country’s commitment to decentralized and participatory governance.

Note: If municipal services are provided by an industrial establishment in an urban area, the Governor can designate that area as an 'Industrial Township', which means a municipality may not be established there.

Composition of Municipalities 

• Voting Rights: Both the chairperson and the members of a panchayat have the right to vote in panchayat meetings.
• State Legislature Provisions:The state legislature may allow for the inclusion of certain individuals in a municipality who do not have voting rights. These may include:
  • Experts: Individuals with special knowledge or experience in municipal administration.
  • Lok Sabha and State Assembly Members: Representatives whose constituencies include all or part of the municipal area.
  • Rajya Sabha and State Council Members: Registered voters within the municipal area.
  • Committee Chairpersons: Chairpersons of committees other than ward committees.

Election of Chairperson and Members of Municipalities

• Direct Election: All members of a municipality or urban local body (ULB) are elected directly by the people living in the municipal area.
• Wards: The municipal area is divided into territorial constituencies known as wards for the purpose of elections.
• Chairperson Election: The state legislature may determine how the chairperson of a municipality is elected.

Important Committees in a Municipality

• A Wards Committee is formed within the area of a municipality with a population of three lakh or more.
• The state legislature determines the composition, territorial area, and seat-filling process for Wards Committees.

Other Committees

• The state legislature can establish other committees in addition to Wards Committees.
• Chairpersons of these committees may become members of the municipality.

Duration of Municipalities

• The 74th Constitutional Amendment Act of 1992 stipulates a five-year term for every Municipality starting from its first meeting.
• However, a Municipality can be dissolved before completing its term.
• Fresh elections to form a Municipality must be held:
• Before the end of the five-year term, or
• Within six months of dissolution.
• If the remaining period for the dissolved Municipality is less than six months, no new election is needed.
• A Municipality formed after the premature dissolution will only serve the remaining period of the dissolved Municipality, not a full five years.
• The 74th Amendment also ensures:
• A Municipality is given a chance to be heard before dissolution, and
• No law amendment can dissolve a Municipality before its five-year term ends.

Reservation of Seats in Municipalities

• The 74th Constitutional Amendment Act of 1992 mandates the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in every Municipality.
• The proportion of reserved seats for SCs and STs should be in accordance with their population ratio to the total population of the Municipal Area.
• Additionally, the State Legislature is responsible for reserving the offices of Chairpersons in Municipalities for SCs and STs.
• This reservation for seats and Chairperson offices will remain in effect until the period specified in Article 334 expires.
• Currently, this period is set to last until 2030.

Reservation of Seats for Women

• The Act ensures that at least one-third of the total seats in a Municipality are reserved for women.
• This includes seats reserved for women belonging to Scheduled Castes (SCs) and Scheduled Tribes (STs).
• Additionally, the State Legislature is responsible for reserving offices of Chairpersons for women in Municipalities.

Reservation of Seats for Other Backward Classes (OBCs)

• The Act empowers the State Legislature to make provisions for reserving seats in Municipalities or offices of Chairpersons in favor of Backward Classes.
• This allows for the inclusion and representation of Other Backward Classes (OBCs) in the local governance of Municipalities.

Disqualification of Members of Municipalities

• A person can be disqualified from being chosen as or from being a Member of a Municipality if they are disqualified under:
  • Any law in force for elections to the Legislature of the concerned State.
  • Any law made by the State Legislature.
• All questions of disqualifications shall be referred to such authority as determined by the State Legislature.

Powers and Functions of Municipalities

• The State Legislature may grant Municipalities or Urban Local Bodies (ULBs) the powers and authority necessary for them to function as institutions of self-government.
• State provisions for the devolution of powers and responsibilities upon Municipalities or ULBs may include:
  • Preparation of plans for economic development and social justice.
  • Implementation of schemes for economic development and social justice, including those related to the 18 matters listed in the Twelfth Schedule.

Jurisdictions of Municipalities

• The jurisdiction of an Urban Local Government is confined to a specific Urban Area.
• This Urban Area is demarcated for this purpose by the State Government.

Finances of Municipalities

• The State Legislature may make provisions regarding the finances of Municipalities or Urban Local Bodies (ULBs).
• This may include:
  • Authorizing a Municipality to levy, collect, and appropriate taxes, duties, tolls, and fees.
  • Assigning to a Municipality taxes, duties, tolls, and fees levied and collected by the State Government.
  • Providing for grants-in-aid to the Municipalities from the Consolidated Fund of the State.
  • Constituting funds for crediting all money of the Municipalities.

District Planning Committee (DPC)

• A District Planning Committee is to be constituted by every State at the district level.
• The Committee's role is to consolidate the plans prepared by Panchayats and Municipalities in the district.
• Additionally, the Committee is responsible for preparing a draft development plan for the entire district.
• The State Legislature may make provisions regarding:
  • The composition of District Planning Committees.
  • The manner of election of Members and Chairpersons of such Committees.
  • The functions of these Committees in relation to district planning.

Metropolitan Planning Committee (MPC)

• Every Metropolitan Area is required to have a Metropolitan Planning Committee (MPC).
• The MPC is responsible for preparing a Draft Development Plan for the Metropolitan Area.
• The Committee forwards this Draft Development Plan to the State Government.
• The State Legislature may make provisions regarding:
  • The composition of Metropolitan Planning Committees.
  • The manner of election of Members and Chairpersons of such Committees.
  • The representation in such Committees of the Central Government, State Government, and other organizations.
  • The functions of these Committees in relation to planning and coordination for the Metropolitan Area.

Significance of Municipalities

• Decentralization of Urban Governance: Municipalities decentralize urban governance by transferring powers and responsibilities to the local level, ensuring that decision-making is closer to the people it affects.
• Participatory Democracy: They play a crucial role in transforming representative democracy into participatory democracy in urban areas, involving citizens in the decision-making processes for urban development and management.
• Empowerment of Local Communities: Municipalities empower local urban communities by directly engaging them in governance and development activities, allowing for more inclusive and localized decision-making.
• Political Empowerment of Marginalized Groups: Reservations for marginalized groups such as Scheduled Castes, Scheduled Tribes, and women in Municipalities ensure their political empowerment and enhance their representation in urban governance.
• Responsiveness to Local Needs: By bringing governance closer to urban residents, Municipalities make administration more responsive to local needs, problems, and aspirations, thereby improving civic engagement.
• Efficiency in Public Service Delivery: They enhance the efficiency of public service delivery and the implementation of urban development programs, addressing local issues and infrastructural needs more effectively.
• Platform for Emerging Urban Leadership: Municipalities provide a platform for emerging urban leadership, nurturing their administrative and managerial capabilities and preparing them for higher responsibilities in urban governance.

Conclusion

Municipalities, or Urban Local Bodies (ULBs), are crucial to India's decentralized governance system, reflecting the commitment to empower local communities and strengthen grassroots democracy. They have transformed urban development and civic participation, promoting inclusive governance that addresses the varied needs of urban residents. As essential parts of India's democratic framework, the continued development and strengthening of Municipalities will be vital in realizing the vision of true swaraj, where power is exercised by the people for the people.