📘 Introduction: Urban Local Self Government
The 74th Constitutional Amendment Act, 1992, gave constitutional status to urban local bodies (ULBs) in India.
It came into effect on 1st June 1993, and inserted Part IX-A (Articles 243P to 243ZG) and 12th Schedule into the Constitution.
This amendment aims to strengthen urban governance through democratic decentralization, ensuring that cities and towns are managed by elected representatives with legal authority.
📜 Articles under Part IX-A (243P to 243ZG)
Article 243P – Definitions
Provides definitions for key terms like municipality, municipal area, Nagar Panchayat, Municipal Council, and Municipal Corporation.
Article 243Q – Constitution of Municipalities
There shall be three types of municipalities in every State:
- Nagar Panchayat for transitional areas (rural to urban),
- Municipal Council for smaller urban areas,
- Municipal Corporation for larger urban areas.
Article 243R – Composition of Municipalities
Members of municipalities shall be elected by direct elections from territorial constituencies called wards.
It may include chairpersons and members with special knowledge or experience (nominated members).
Article 243S – Constitution and Composition of Wards Committees
In municipalities with a population of 3 lakhs or more, Wards Committees must be constituted to ensure decentralized governance within the city.
Article 243T – Reservation of Seats
Provides reservation of seats in every municipality:
- For SCs and STs in proportion to their population.
- Minimum 33% seats reserved for women, including women from SC/ST categories.
- The State Legislature may provide for OBC reservation.
Article 243U – Duration of Municipalities
Every municipality shall have a tenure of 5 years.
Elections must be conducted before the term ends or within 6 months in case of early dissolution.
Article 243V – Disqualifications for Membership
A person is disqualified from being chosen as a member if they are disqualified under any state law or for being a member of the State Legislature.
Article 243W – Powers, Authority, and Responsibilities
The State Legislature may give municipalities the power to prepare plans for economic development and social justice and to perform functions listed in the 12th Schedule.
Article 243X – Power to Impose Taxes
States may authorize municipalities to impose taxes, duties, tolls, and fees.
They may also assign revenues from state taxes or grant-in-aid.
Article 243Y – Finance Commission
The State Finance Commission, constituted every 5 years under Article 243-I (for Panchayats), shall also review the financial position of municipalities and recommend distribution of finances.
Article 243Z – Audit of Accounts
The State Legislature may make laws for the maintenance and audit of accounts of municipalities.
Article 243ZA – Elections
The State Election Commission shall supervise, direct, and control municipal elections, ensuring free and fair polls.
Article 243ZB – Application to Scheduled Areas
The provisions of Part IX-A do not apply automatically to scheduled and tribal areas referred to in Article 244. Parliament may legislate on their applicability.
Article 243ZC to 243ZG – Miscellaneous
These articles provide details about the continuance of existing laws, bar of interference by courts in electoral matters, and the legal validity of municipalities.
📂 12th Schedule – Functional Items of Municipalities
The 12th Schedule of the Constitution lists 18 functional items that municipalities may be entrusted with. These include:
- Urban planning including town planning
- Regulation of land use and construction
- Roads and bridges
- Water supply
- Public health, sanitation, and solid waste management
- Fire services
- Urban forestry and environmental protection
- Slum improvement and upgradation
- Urban poverty alleviation
- Provision of urban amenities – parks, gardens, street lighting
- Public transport
- Burials, cemeteries, and crematoria
- Vital statistics (births and deaths)
These functions are meant to enhance urban governance, service delivery, and infrastructure.
⚖️ Landmark Judgments on Urban Local Bodies
1. State of UP vs Pradhan Sangh Kshettra Samiti (1995)
Held that urban and rural local bodies are distinct entities, and State has the authority to legislate for their effective functioning.
2. AIADMK vs Chief Election Commissioner (2000)
Reinforced the independence of the State Election Commission in conducting municipal elections.
3. K. Krishnamurthy vs Union of India (2010)
Upheld the constitutional validity of reservation for OBCs in urban local bodies under Article 243T.
4. Municipal Corporation of Greater Mumbai vs K.V. Shankerappa (2001)
Clarified that municipal laws can override building plans if public safety is at stake, emphasizing municipal authority.
5. Bherulal vs State of Rajasthan (1999)
Underlined that elections should not be postponed arbitrarily; the term of the municipality is binding as per Article 243U.
📌 Key Takeaways
- The 74th Amendment has empowered urban self-governance with a constitutional mandate.
- Urban local bodies are expected to play a key role in city planning, infrastructure, sanitation, and welfare.
- Yet, challenges like lack of funds, political interference, and weak capacity building often dilute their effectiveness.
- Real decentralization needs devolution of 3Fs – Functions, Funds, and Functionaries.
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