Law and You > Constitutional Law > Grassroot Democracy in India: Urban Local Bodies
The essence of democracy is decentralization of power and allowing governance to reach to the grass-roots level for welfare of people. Decentralization has been major instrument for the extension of the democratic process at the grass root level and to involve the local communities in decision making in matters concerning their basic civic and other needs. The involvement of local people, community, etc. is important for further development of democracy. India has been a welfare state ever since after Independence and the chief objective of all governmental endeavours has been the wellbeing of its citizens. India’s democratic structure has three levels of governance which are national, state, and local. In this article, let us discuss the constitutional provisions for development of grassroot level democracy in India through Urban Local Bodies (ULBs).
Local government in India falls mainly under two categories: rural self-government and urban self-government. The panchayat in rural India and municipalities in urban India are defined in the constitution as institutions of local self-government. The 74th Constitution Amendment Act, 1992 provided for the Twelfth Schedule which listed the functions of urban local bodies, along with their planning, regulation and development powers. It made provision for ward committees in areas exceeding 300,000 and the specification of the powers and responsibilities of municipal units and the ward committees. State Governments were to adopt the 74th Constitutional Amendment Act with reference to their respective municipal bodies to affect its purpose within their jurisdictions.
The municipal governance in India was first introduced in Madras in 1688. The Madras Municipal Corporation was the first municipal body in the Commonwealth outside the UK. The Bombay and Calcutta Corporations were established in 1726.
Salient Features of the Constitutional (74th Amendment) Act, 1992:
Salient Features of the Constitutional (74th Amendment) Act, 1992 with regard to Urban Local Bodies are as follows:
Continuity:
Article 243 U of the Constitution of India lays down provisions for duration of ULBs. The provision ensured continuity of the municipalities with five years duration for an elected municipality and re-election of municipalities before the expiry of the five-year term or within six months of their dissolution.
Three-Tier System:
Article 243 Q of the Constitution of India lays down provisions for the three-tier system of ULBs. A uniform structure of three tiers municipal corporations for large urban areas, municipal councils for small urban areas and nagar panchayats for transitional areas has been provided. The constitution and composition of the municipalities has been left to the wisdom of the state, subject to all seats being filled by elected persons from the respective municipal constituencies.
Constitution of ULBs:
Article 243 R of the Constitution of India lays down provisions for election of members to the ULBs and also gives criteria for nominated members to the ULBs.
Reservation of Seats:
Article 243 T of the Constitution of India lays down provisions for reservation of seats. In every municipality, reservation of seats for the Scheduled Castes/Scheduled Tribes (SCs/Sts) has been provided in the Amendment Act on the basis of proportional representation. Such seats may be allotted by rotation to different constituencies in a municipality and not less than one- third of the seats so reserved are further reserved for woman belonging to the SCs/STs. And also, not less than one-third of the total number of seats in a municipality are reserved for women and such seats may be allotted by rotation by different constituencies in a municipality.
Disqualification of Member of ULBs:
Article 243 V of the Constitution of India lays down provisions for disqualification of the member of ULBs. The provision lays down that a person shall be disqualified for being chosen as, and for being a member of a Municipality, if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned or if he is so disqualified by or under any law made by the Legislature of the State.
Power, Authority and Functions:
Article 243 W of the Constitution of India lays down provisions for power, authority and functions. The article provides for states to endow municipal powers and authority to enable them to function as institutions of self-governance. The municipal functions envisaged under this article are of development nature. The performance of functions and implementation of schemes including those in relation to matters delegated through the Twelfth Schedule may be entrusted to the ULBs.
Constitution of Ward Committees:
Article 243 S of the Constitution of India lays down provisions for formation of Ward Committees. The Amendment Act makes it mandatory to constitute ward committees in municipalities with a population of over 3 lakh with representation of women, SCs/STs and citizens’ groups. The major objective of constituting the ward committees is to bring governance closer to the people and enhance their participation in local affairs including those listed in the Twelfth Schedule.
Constitution of District Planning Committees:
Article 243 ZD of the Constitution of India lays down provisions for constitution of District Planning Committees. The Article provides for the constitution of the DPCs with representation of elected local representatives to effect spatial and economic development by integrating rural and urban plans at the district level.
State Finance Commission:
Article 243 Y of the Constitution of India lays down provisions for financial commission. The CAA mandates the constitution of a State Finance Commission (SFC) every five years to strengthen the financial domain of the ULBs. The Commission reviews the financial position of the urban bodies, their revenue and capital account requirements, recommends devolution of taxes, charges, fees, toll, duties, shared revenues, inter- government transfer and grants from the state to the municipalities and suggests measures for the mobilisation of municipal resources.
State Election Commission:
The CAA provides for the constitution of a state election commission (SEC) every five-year to regulate municipal elections. It is a progressive step towards ensuring democratic process at the local level. The SEC has a mandate to oversee, direct and control the preparation of electoral rolls and conduct elections of municipalities. The SEC will also ensure that elections to municipalities dissolved by the state government are held within six months.
18 Functions of Urban Local Bodies:
18 functions and responsibilities ensured to the ULBs under the 12th Schedule of the Constitution are as follows:
- Urban Planning including town planning Urban Development Authority
- Regulation of land use and construction of Buildings
- Planning for economic and social development
- Roads and Bridges
- Water supply for domestic, industrial and commercial purposes
- Public health, sanitation conservancy and solid waste management
- Fire Services
- Urban forestry, protection of the environment and promotion of ecological aspects.
- Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded
- Slum improvement and up gradation
- Urban poverty alleviation
- Provision of urban amenities and facilities such as parks, gardens and playgrounds
- Promotion of cultural, educational and aesthetic aspects.
- Burials and burial grounds, cremations, cremation grounds and electric crematoriums.
- Cattle ponds and preventions of cruelty to animals
- Vital statistics including registration of births and deaths
- Public amenities including street lighting, parking lots, bus-stops and public convenience
- Regulation of slaughterhouses and tanneries.
Urban Local Bodies (ULBs):
Based on the 74th Constitution Amendment Act, there are now only three types of ULBs:
Municipal Corporation: for a larger urban area with a population exceeding 50,000 and generating annual revenue exceeding Rs. 2 crores for the local administration and which has been declared to be a municipal area. According to the Act, there needs to be a Municipal Corporation for large urban areas.
Municipal Council: for a smaller urban area (urban) with population exceeding 5000 and generating annual revenue exceeding Rs. 20 lakh for local administration. According to the Act, there needs to be a Municipal Council for small urban areas
Nagar Panchayat: for a Transitional Area with a population exceeding 2,000 and generating the revenue of Rs. 5, 00, 000 for local administration. According to the Act, there needs to be a City Council for areas in transition from rural to urban.
The functions and powers of ULBs vary from state to state. Most states have amended their municipal laws in conformity with the Constitution Amendment Act (CAA). However, variations are found in the definition of small and large urban areas, as well as in transitional areas.
Municipal Corporation (Nagar Nigam):
- The Municipal Corporations function under the provisions of the Corporation Act 1835, the Corporations are elected directly by the people. Elected members serve a term of 5 years. Some members are nominated as per the provisions in the Constitution.
- the Mayor in the Municipal Corporation is usually chosen through indirect election by the councillors from among themselves for a term of one which is renewable. The mayor generally lacks executive authority.
- Councillors act by committee, the most powerful being the Standing Committee with its role of the steering committee exercising executive, supervisory, financial and personnel powers. It is composed of elected members varying in number between seven and sixteen through a system of proportional representation of councillors.
- The Municipal Commissioner (IAS officer), who is the chief Executive Officer and head of the executive arm of the Municipal Corporation. All executive powers are vested in the Municipal Commissioner. Although the Municipal Corporation is the legislative body that lays down policies for the governance of the city, it is the Commissioner who is responsible for the execution of the policies. The Commissioner is appointed for a fixed term as defined by state stature. The Commissioner’s term in office can be extended or reduced. The powers of the Commissioner are those provided by statute and those delegated by the Corporation or the Standing Committee.
- The sources of income of Municipal Corporation are from (i) taxes on property, water, markets, entertainment, (ii) taxes on vehicles, and (iii) grants from the state government.
Functions of the Municipal Corporation:
The important functions of the municipal corporations are urban planning and management, providing health services, establishment of primary health centres and primary schools, supply of drinking water, sanitation, and construction/repair of roads, street lighting, establishment of cooperative societies, and establishment of youth organizations, water management and waste disposal, social services, social welfare, technical training, poverty alleviation and electrification, providing fire records of birth and death
Municipality (Nagar Palika):
A municipality administers an urban area of population 200,000 or less Municipalities interact with the state government through the Directorate of Municipalities or the District Collector. Members of Municipalities are elected for a period of five years. The head of the Municipality is the President, elected by and from the members. The state government also appoints a Chief Officer and other officers such as Health Inspector, Sanitation Inspector, etc to assist the President. Their sources of income and functions are similar to that of Municipal Corporations.
City Council (Nagar Panchayat):
City Council administer urban areas having population greater than 30,000 and less than 100,000. However, as an exception, all previous Town Area Committees (more than 5000 less than 20,000) have been reclassified as City Councils. City Councils have a Chairman and ward members Ward members included elected members (min. 10) and nominated members (min. 3)