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Indian Polity & Governance

Topic

Nagarpalikas

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74th Constitution Amendment Acts

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74th Constitution Amendment Act provided for the creation of

Municipalities in urban areas.
Municipal bodies are the local self governing bodies consisting of
political and administrative wings.
The political wing is an elected body of councilors headed by a
Mayor/President (Chairperson).
The Commissioner from the IAS cadre heads the administrative wing.
The Commissioner implements the decisions taken by the elective
body.
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Municipal Bodies

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Municipality is a generic name for any organized local government,

usually in an urban area- town, city etc. The structure and composition
of the municipalities vary widely. The 74th CAA sought to bring some
uniformity in the constitution of the municipal bodies by classifying
them as follows:
Nagar Panchayat, to be constituted in rural-urban transition
areas. These have been conceived to properly channelize the growth
impulses in such settlements and also to bring order in their growth
and provision of services;

Municipal Councils for smaller urban areas;

Municipal Corporations for larger urban areas.
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the Municipal Corporation as an institution, enjoys a greater measure

of autonomy than other forms of local government. It enjoys the power
of dealing directly with the state government whereas the
municipalities have no direct access to the state government and are
answerable to the District Collector and Divisional Commissioner.
Municipalities and Corporations have deliberative and executive wings.
In general, deliberative wings of Municipal Corporations comprise the
Corporation Council the Standing Committee and the Mayor, whereas
the executive wings comprise the Municipal Commissioner, the
Deputy/Assistant Municipal Commissioner, the Municipal Engineer and
subordinate administrative staff.

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Deliberative Wing

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This is the General Body of the Municipal Corporation, comprising of

elected members (councilors). Councilors are elected for a term varying
between three and five years. The new Constitutional Amendment Act
provides that every Municipal Corporation and every Municipal Council
shall have the following two categories of councilors:

Directly elected councilors;

Nominated councilors.

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The number of elected councilors is to vary according to the size of

the population of the territorial area of the Municipal Corporation or
the Municipal Council concerned Nominated councilors are to be
nominated by the elected councilors of the Municipal
Corporations/Councils concerned. The nominated councilors shall be
persons having special knowledge or experience in municipal
administration.

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Mayor

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The Mayor in the Municipal Corporation is either directly elected or is a

representative elected by the councilors from amongst themselves for a
term of One year, which is renewable.
The Mayor exercises administrative control over the secretariat of the
corporation.
The Mayor in India has no executive authority.
The indirect election of the Mayor combined with his short term makes
him more a figurehead than an act we functionary.

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Executive wing

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The Municipal Commissioner is the chief Executive Officer and head of

the executive wing of the Municipal Corporation. All executive powers
are vested in the Municipal Commissioner.
The Commissioner is appointed for a fixed term that is mentioned in
the respective states statutes.
The Commissioners powers are classified into two broad categories:
those listed II the statute creating the corporation and those delegated
by the Corporation or the Standing Committee.

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Municipal Councils

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The municipal acts of the states govern the Municipal Councils.

The State Government can, by notification, propose an area, except a
military cantonment to be a municipality, define its territorial limits and
make alterations in them.
The Municipal Council, President the Committees and the
Executive/Chief Officer constitute the main components of the
structure of municipal government.
The Municipal Council makes laws that are called by-laws within the
framework of the municipal act for the civic governance of the city or
town.

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Nagar Panchayat
A Nagar Panchayat is one form of urban body in India
An urban centre with more than 30,000 and less than 100,000
inhabitants is usually classified as a Nagar Panchayat.

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74th Act in Detail

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243P gives definitions. Metropolitan area means an area having a

population of ten lakhs or more, comprised in one or more districts and
consisting of two or more Municipalities or Panchayats or other
contiguous areas, specified by the Governor.
Municipal area means the territorial area of a Municipally as is
notified by the Governor.
Municipality means an institution of self-government constituted
under article
Population means the population as ascertained at the last preceding
census of which the relevant figures have been published.

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The legislature of a State may, by law, provide for the representation in

a Municipality of-

persons

having special knowledge or experience in Municipal

administration;

the members of the House of the People and the members of the

Legislative Assembly of the State representing constituencies which

comprise wholly or partly the Municipal area:

the

members of the Council of States and the members of the

Legislative Council of the State registered as electors within the
Municipal area;

the Chairpersons of the Ward Committees

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243V relates to disqualifications for membership.

Municipality
if he is so disqualified by or under any law for the time being in

force for the purposes of elections to the Legislature of the State

concerned: Provided that no person shall be disqualified on the
ground that he is less than twenty-five years of age, if he has
attained the age of twenty-one years;

if he is so disqualified by or under any law made by the Legislature

of the State:

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If any question arises as to whether a member of a Municipality has

become subject to any of the disqualifications, the question shall be
referred for the decision of such authority and in such manner as the
Legislature of a Sate may, by law, provide.
243W deals with
Municipalities.

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powers,

authority

and

responsibilities

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of

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District Planning Committees (DPC)

The constitution of District Planning Committees (DPCs) is mandatory
under article 243ZD of the Constitution and is a common item for both
Panchayats and Municipalities.
The District Planning Committees are to take up integrated planning
for urban and rural areas in the district.
The draft development plan to he prepared by District Planning
Committees has to address critical matters of common interest such as
sharing of water and natural resources etc.

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Metropolitan Planning Committee

article 243ZE in the Constitution provides for the setting up of
Metropolitan Planning Committee.
The Metropolitan Planning Committee is expected to be a high level,
democratically set up body, which will bring a constitutional mandate to
the whole exercise metropolitan development planning.
In the composition for Metropolitan Planning Committee it is envisaged
that two-third of its members are to be chosen from amongst the
elected representatives of urban and rural local bodies in the
metropolitan areas.

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The others are to be nominated from central government agencies and

various state government agencies, other organizations and institutions
responsible for various services in the metropolitan areas.

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Right to Recall
A significant and revolutionary development in the last few years is
with regard to peoples awareness of their rights as citizens. This is best
exemplified in the provision of the right to recall elected
representatives, which has been, granted to the people in Madhya
Pradesh and Tamil Nadu.
Under this law the people of a ward have the right to recall their
elected representative through a referendum In Madhya Pradesh, this
power has already been exercised in a few Municipalities.

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Qualifications and Disqualifications for

Membership in Municipalities

Article 243V of the Constitution provides that the criteria for

disqualification for being chosen or for being a member of a
Municipality shall be the same as in the case of Vidhan Sabha election.
A state government can stipulate other qualification also. All the
States have made provisions in their respective Acts.
Most States specify 21 years as the minimum age, name in the electoral
rolls etc.

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Regularity of Elections
The Constitution makes elections to the Municipalities mandatory
every five year. All the state have held elections to the local bodies.
There are no Municipalities in the Union Territories of Dadra & Nagar
Haveli and Lakshadweep.

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Reservation
The responsibility of reservation of Wards for municipal election vests
in the State Government in Madhya Pradesh, Rajasthan, Andhra
Pradesh, Uttar Pradesh, Tamil Nadu, Karnataka, Haryana and Punjab the
State Election Commission has no role to play in it.
In Maharashtra, Gujarat, Kerala & West Bengal the State Election
Commission is responsible for reservation.

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State Election Commission

Articles 243K and 243ZA stipulate that the superintendence, direction
and control for the preparation of electoral rolls and the conduct of all
elections to the Panchayats shall be vested in a State Election
Commission consisting of a State Election Commissioner (SEC) to be
appointed by the Governor.

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State Finance Commission (SFC)

The Constitution has made it mandatory for every state to constitute a
State Finance Commission (SFC). The SFC is to review the financial
position of the Municipalities and make recommendations regarding
distribution of taxes between the States and the Municipalities.
It is also expected to look into the criteria for grants in-aid and suggest
measures needed to improve the financial position of the Municipalities.

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