The 74th Constitutional Amendment Act of 1992 is a significant legislative measure aimed at empowering urban local bodies (ULBs) and promoting decentralized urban governance in India.
Here’s a breakdown of its constitutional dimensions:
Here are its major features:
- Constitutional Status: The 74th Amendment Act added Part IXA to the Indian Constitution, which specifically deals with municipalities. This constitutional status provides a legal framework for urban local governance and establishes the importance of decentralization in urban areas.
- Three Types of Municipalities: The Amendment recognizes three types of municipalities: Nagar Panchayats for transitional areas, Municipal Councils for smaller urban areas, and Municipal Corporations for larger cities. This classification allows for tailored governance structures based on the size and complexity of urban centers.
- Constitution of Wards Committees: The Act mandates the constitution of Wards Committees in municipalities with a population exceeding three lakhs. Wards Committees serve as local bodies at the ward level, facilitating citizen participation in local governance and decision-making processes.
- Reservation of Seats: Similar to the provisions for rural local bodies under the 73rd Amendment, the 74th Amendment Act mandates the reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women in urban local bodies. This provision ensures the representation of marginalized groups in municipal governance.
- Constitution of District Planning Committees: The Act provides for the constitution of District Planning Committees (DPCs) to prepare plans for local development and resource allocation. DPCs comprise elected representatives from municipalities, panchayats, and the legislature, ensuring coordinated planning and development at the district level.
- Financial Powers: The Amendment empowers urban local bodies with financial autonomy by providing them with the authority to levy taxes, duties, tolls, and fees. This enhances their revenue generation capacity and reduces their dependence on state governments for funding.
- Functioning of Municipalities: The Act outlines the functions and responsibilities of urban local bodies, including urban planning, provision of basic services such as water supply, sanitation, and solid waste management, and promotion of economic and social development in urban areas.
- State Election Commission: The Amendment mandates the establishment of State Election Commissions to conduct elections to urban local bodies. This ensures free and fair elections and strengthens democratic governance at the urban level.
Overall, the 74th Constitutional Amendment Act represents a significant step towards empowering urban local bodies and promoting decentralized urban governance in India. By recognizing the importance of local self-government in urban areas, the Amendment aims to enhance service delivery, promote citizen participation, and facilitate sustainable urban development.