Urban government was constitutionalised through the 74th Constitutional Amendment Act of 1992.
Power and fucnction of Urban Local Bodies are decided by state legislature.
UT’s urban governance is handled by MoHA.
First municipal corporation in India was set up at Madras.
Lord Mayo’s Resolution : financial decentralisation.
Lord Ripon’s Resolution of 1882 has been hailed as the ‘Magna Carta’ of local self-government.
He is called as the father of local-self government in India.
Government of India Act of 1919: under system of dyarchy, LSG was transferred subject.
Government of India Act of 1935, local self-government was declared a provincial subject.
Post-independence Era
In 1985 Rajiv Gandhi Government introduced the 65th Constitutional Amendment Bill (i.e.,Nagarpalika Bill) in the Lok Sabha.
Aim: Conferring a constitutional status on them.
What happened?🔥
😎bill was passed in the Lok Sabha, it was defeated😈 in the Rajya Sabha.
Why failed?😳
Urban Local Bodies were kept under central Government, thus states opposed this bill as intrusion of central Government in state domain.
74TH AMENDMENT ACT OF 1992.
This schedule contains 18 functional items of municipalities which could be delegated to
Municipalities by respective state Governments. (not its upon state governments to decide how many items it wish to devolve to Urban Local Bodies and not obligated by constitution).
Manner of election of chairperson of Municipalities is decided by State Govt.
For PRIs minimum 1/3rd seats are reserved for women Chairperson. (Mandatory) but reservation of seats for women chairperson in Urban Local Bodies is prerogative of respective state governments.
There is minimum 33% reservation of seats for women in Urban Local Bodies.
Can apply to UT as President decide? Does not apply to 5th and 6th schedule areas.
Duration of Municipalities:
- 5 years.
- Can be dissolved by State Assembly (Not Governor).
- New Municipality constituted serve only remainder of term.
- Law to disqualify any elected member is made by state legislature.
- All dispute of election shall be decided by special body created by State Legislature, No court can hear any electoral dispute.
State Finance Commission
Every 5 year.
Constituted by Governor.
Distribution of Taxes.
Taxes which can be devolved to municipalities.
Grants-in-aid to the municipalities from the consolidated fund of the state.
Measures needed to improve the financial position of the municipalities.
Submit report to governor, Governor table it to State Legislature.
District Planning Committee
Consolidate the plans prepared by panchayats and municipalities in the district, and to prepare a draft development plan for the district as a whole. (DPC is created by 74th CAA not 73rd CAA)
Metropolitan Planning Committee
Every metropolitan area shall have a metropolitan planning committee to prepare a draft development plan.
Composition and power of DPC and MPC is decided by State Legislature.
Note: DPC and MPCs are Constitutional Bodies.
Types of Urban Local Bodies
Municipal Corporation:
1. Are created for the administration of big cities like Delhi, Mumbai, Kolkata, Hyderabad,B angalore and others.
2. They are established in the states by the acts of the concerned state legislatures, and in the union territories by the acts of the Parliament of India.
Council:
1. Headed by Mayor.
2. Term is 1 years.
3. Ornamental figure with lesser power.
4. His main function is to preside over the meetings of the Council.
Municipal Commissioner:
1. Appointed by State Legislature.
2. Generally IAS.
3. Real executive.
Municipality:
Established for the administration of towns and smaller cities.
Like the corporations, they are also set up in the states by the acts of the concerned state legislatures and in the union territory by the acts of the Parliament of India.
Like a municipal corporation, a municipality also has three authorities, namely, the council, the standing committees and the chief executive officer.
Notified Area Committee:
A notified area committee is created for the administration of two types of Areas:
A fast developing town due to industrialisation.
A town which does not yet fulfil all the conditions necessary for the constitution of a municipality.
Cantonment Board:
A cantonment board is established for municipal administration for civilian population in the cantonment area.
Statutory Body.
It works under the administrative control of the defence ministry.
A cantonment board is created as well as administered by the Central government.
Central council of local government:
The Central Council of Local Government was set up in 1954.
It was constituted under Article 263 of the Constitution of India by an order of the President of India.
The Council is an advisory body. It consists of the Minister for Urban Development in the Government of India and the ministers for local self government in states.
The Union minister acts as the Chairman of the Council. It advises in policy matter with regard to local government
