Points to Remember:
- The 74th Amendment Act, 1992, introduced a three-tiered system of Panchayati Raj Institutions (PRIs) at the village, intermediate, and district levels. Similarly, it established a three-tiered system of urban local government (ULGs) â Municipalities.
- The amendment aimed to empower local governments and enhance their functional autonomy.
- The amendment mandates the constitution of Municipalities and specifies their composition, powers, and responsibilities.
- The amendment emphasizes devolution of powers and responsibilities to Municipalities.
Introduction:
The 74th Amendment to the Constitution of India, enacted in 1992, is a landmark legislation that significantly restructured urban local governance. It aimed to address the growing needs of urban areas by empowering Municipalities and providing them with greater autonomy. Prior to this amendment, urban local bodies functioned with limited powers and resources, often under the direct control of state governments. The amendment sought to rectify this by constitutionally guaranteeing the existence and functioning of Municipalities, thereby strengthening democratic decentralization in urban India.
Body:
1. Three-Tier Structure: The amendment mandates the establishment of a three-tier system of Municipalities, depending on the population size: Municipalities, Nagar Panchayats (for smaller towns), and Municipal Corporations (for larger cities). This tiered structure ensures that the administrative needs of diverse urban settlements are met effectively.
2. Composition: The amendment outlines the composition of Municipalities, including elected representatives from wards, nominated members (in certain cases), and the Mayor or Chairperson. The specific composition varies depending on the type of Municipality. It emphasizes the principle of direct election of councilors, ensuring popular participation in local governance.
3. Powers and Responsibilities: The 74th Amendment grants Municipalities significant powers and responsibilities in various areas, including:
- Urban Planning and Development: Preparation and implementation of urban development plans, including infrastructure development, land use regulation, and housing schemes.
- Public Health and Sanitation: Provision of clean drinking water, sanitation facilities, and public health services.
- Education: Establishment and management of primary and secondary schools.
- Public Works: Construction and maintenance of roads, streets, and other public infrastructure.
- Taxation: Levy and collection of various taxes, such as property tax, octroi (where applicable), and other local taxes to generate their own revenue.
4. Devolution of Powers and Responsibilities: A crucial aspect of the amendment is the devolution of powers and responsibilities from state governments to Municipalities. This aims to enhance their autonomy and accountability. However, the extent of devolution varies across states, with some states showing greater commitment than others.
5. State Finance Commissions: The amendment mandates the establishment of State Finance Commissions (SFCs) to review the financial position of Municipalities and recommend grants-in-aid from the state government. This mechanism ensures that Municipalities receive adequate financial resources to perform their functions effectively.
6. Metropolitan Planning Committees: For metropolitan areas, the amendment provides for the establishment of Metropolitan Planning Committees (MPCs) to coordinate planning and development across municipal boundaries. This addresses the challenges of integrated urban planning in large metropolitan regions.
7. Challenges and Limitations: Despite its progressive intent, the 74th Amendment has faced several challenges in implementation. These include:
- Inadequate financial resources: Many Municipalities struggle with insufficient funds to carry out their responsibilities effectively.
- Lack of capacity: Some Municipalities lack the administrative capacity and technical expertise to manage their responsibilities effectively.
- Political interference: Political interference from state governments can hinder the autonomy and effectiveness of Municipalities.
- Uneven implementation across states: The implementation of the amendment has been uneven across different states, with some states showing greater commitment than others.
Conclusion:
The 74th Amendment represents a significant step towards strengthening urban local governance in India. By constitutionally guaranteeing the existence and functioning of Municipalities and empowering them with significant powers and responsibilities, the amendment has laid the foundation for more effective and participatory urban governance. However, challenges remain in ensuring adequate financial resources, capacity building, and minimizing political interference. Moving forward, a concerted effort is needed to address these challenges through enhanced capacity building programs, improved financial mechanisms, and a greater commitment from state governments to devolve powers and responsibilities effectively. This will ensure that Municipalities can play their crucial role in achieving sustainable and inclusive urban development, upholding the constitutional values of democratic decentralization and citizen participation.
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