Write a note on important provisions under the Constitution (Seventy-Fourth Amendment) Act, 1992.

1. Introduction

The Constitution (Seventy-Fourth Amendment) Act, 1992, is a pivotal piece of legislation aimed at empowering local self-governance bodies in India. Enacted to strengthen the foundation of democracy at the grassroots level, this amendment brought significant changes to the structure and functioning of urban local bodies (ULBs) across the country.

2. Introduction of Part IXA

The Seventy-Fourth Amendment Act introduced Part IXA to the Indian Constitution, which exclusively deals with municipalities. This addition provided a constitutional framework for the establishment, organization, and functioning of municipalities, ensuring their autonomy and efficiency in local governance.

3. Definition of Municipality

The amendment defines a municipality as an institution of self-government constituted under Article 243Q, encompassing a city, town, or village, or a group of them, depending on population size and density.

4. Constitution of Municipalities

Article 243Q lays down the provision for the constitution of municipalities. It mandates the state legislature to enact laws to provide for the establishment of municipalities in urban areas, thereby decentralizing power and ensuring local representation in decision-making processes.

5. Composition of Municipalities

The amendment stipulates that the composition of municipalities shall comprise directly elected representatives from territorial constituencies, as well as those nominated by the state government to represent interests such as women, Scheduled Castes, Scheduled Tribes, and other marginalized sections of society.

6. Reservation of Seats

To ensure equitable representation and participation of marginalized sections, the amendment mandates the reservation of seats for Scheduled Castes, Scheduled Tribes, and women in municipalities, as determined by the state legislature.

7. Duration of Municipalities

Article 243U of the Constitution, introduced by the Seventy-Fourth Amendment, specifies the duration of municipalities, ensuring stability and continuity in local governance. Municipalities have a term of five years, unless dissolved earlier by the state government.

8. Constitution of Finance Commission

The amendment necessitates the establishment of a State Finance Commission by the Governor of each state, which is responsible for determining the principles governing the distribution of finances between the state government and municipalities, ensuring financial autonomy and stability for local bodies.

9. Powers and Responsibilities of Municipalities

Article 243W empowers municipalities with various functions, including urban planning, regulation of land use, and provision of basic amenities such as water supply, sanitation, and solid waste management. These powers enable municipalities to cater to the diverse needs of urban areas effectively.

10. District Planning Committees

The Seventy-Fourth Amendment Act introduced District Planning Committees (DPCs) as statutory bodies responsible for formulating plans for spatial planning and development at the district level. This provision ensures coordination between municipalities and other local authorities in planning and development processes.

11. Disqualification of Members

The amendment lays down provisions for the disqualification of members of municipalities on grounds such as defection, unsoundness of mind, and violation of specific legal provisions, thereby upholding the integrity and accountability of local governance bodies.

12. Role of State Election Commission

Article 243ZA entrusts the responsibility of conducting elections to municipalities to the State Election Commission, ensuring free and fair electoral processes and safeguarding the democratic principles of local self-governance.

13. Conclusion

The Constitution (Seventy-Fourth Amendment) Act, 1992, stands as a landmark legislation that institutionalized the concept of decentralized governance in India. By providing a constitutional framework for municipalities and empowering them with significant powers and responsibilities, this amendment has paved the way for more inclusive and effective governance at the grassroots level, ultimately contributing to the overall development and progress of the nation.