Bring out the features of Seventy-fourth Constitutional Amendment.

Certainly! Here is a comprehensive discussion on the features of the Seventy-fourth Constitutional Amendment:

Constitutional Context and Background

The Seventy-fourth Constitutional Amendment Act, 1992, was a landmark amendment aimed at strengthening urban local governance in India. It was enacted to empower municipalities and ensure their effective functioning as units of local self-government.

1. Constitutional Status and Amendment Process

• Constitutional Recognition: The Seventy-fourth Amendment inserted Part IXA into the Constitution, which specifically deals with municipalities.

• Amendment Process: The amendment was passed by both houses of Parliament and received presidential assent on December 20, 1992. It came into effect on June 1, 1993.

2. Key Features of the Seventy-fourth Amendment

The amendment introduced several key features to empower urban local bodies and promote decentralization:

• Constitutional Status of Municipalities: Part IXA recognizes municipalities as institutions of self-government. It mandates States to constitute municipalities and endow them with necessary powers and responsibilities to function as effective democratic units.

• Three-Tier Structure: The amendment provides for a three-tier structure of municipal governance:

  • Municipal Corporations: For larger urban areas.
  • Municipalities: For smaller urban areas.
  • Nagar Panchayats: For transitional areas.

• Composition and Elections: It mandates regular elections to municipalities through a process of direct elections based on adult suffrage. It also prescribes reservation of seats for Scheduled Castes, Scheduled Tribes, and women in proportion to their population.

• Powers and Functions: Municipalities are empowered to prepare plans for economic development and social justice, including measures for poverty alleviation. They have the authority to levy and collect taxes, fees, and charges, as well as to mobilize resources for their functioning.

• Devolution of Powers: The amendment emphasizes the devolution of powers, functions, and responsibilities to municipalities to enable them to function as institutions of self-government. It aims to reduce dependence on State governments and enhance local decision-making.

3. Role in Urban Governance and Development

• Urban Planning and Development: Municipalities are tasked with urban planning, including land use planning, infrastructure development, environmental sustainability, and provision of basic services such as water supply, sanitation, and roads.

• Financial Empowerment: The amendment emphasizes financial empowerment by ensuring adequate revenue sources for municipalities. It mandates State Finance Commissions to recommend financial devolution principles to ensure equitable distribution of financial resources.

• Accountability and Transparency: It promotes transparency and accountability in municipal governance through provisions for regular audits, publication of budgets and audit reports, and public disclosure of municipal activities.

4. Challenges and Implementation Issues

• Capacity Building: Many municipalities face challenges in terms of administrative capacity, technical expertise, and financial management capabilities, hindering effective implementation of the provisions.

• Political Interference: There have been instances of political interference in the functioning of municipalities, affecting their autonomy and decision-making processes.

• Funding Constraints: Municipalities often rely heavily on State governments for funding, leading to financial constraints and limiting their ability to undertake development projects independently.

5. Impact and Future Directions

• Empowerment of Local Governments: The Seventy-fourth Amendment has played a significant role in empowering local governments and increasing their role in urban governance. It has led to greater participation of citizens in local decision-making processes.

• Policy Reforms: The amendment has prompted policy reforms at the State level to align with constitutional provisions and strengthen municipal governance frameworks.

• Future Directions: To further strengthen the impact of the amendment, there is a need for continued capacity building, fiscal decentralization, and reforms to enhance transparency and accountability in municipal governance.

Conclusion

In conclusion, the Seventy-fourth Constitutional Amendment represents a significant step towards decentralization and strengthening of urban local governance in India. By recognizing municipalities as units of self-government and empowering them with powers, functions, and responsibilities, the amendment aims to promote local democracy, urban development, and community participation. While it has made notable strides in enhancing the role of municipalities, addressing challenges such as capacity building, financial autonomy, and political interference will be crucial for realizing the full potential of local governance in India's urban areas. The amendment remains a cornerstone in the evolution of India's democratic framework, reflecting the commitment to grassroots empowerment and inclusive urban development.