Lesson 10 – Municipalities
Urbanization is perceived as a determinant, as well as a consequence of economic development. Over the past two decades, many countries in Asia have experienced rapid economic growth. This has led to a rapid rise in their urban population.
Evolution of Municipalities
Historical records provide evidence of the existence of organised urban life in India since the ancient period. An officer was appointed to perform various functions related to city administration. Subsequently, local institutions were constituted. The modern municipal government in urban units is essentially a creation and legacy of British rule.
The Ramayana and the Mahabharata also point to the existence of several forms of local self-government such as Paura (guild), Nigama, Pauga and Gana, performing various administrative and legislative functions and raising levies from different sources.
However, the system of local self-government was quite different in the Mughal period. The Mughals were fond of building new cities and maintaining them. Those cities were, by and large, centers of trade and industry. Surat, Patna and Ahmedabad, for example, happened to be provincial capitals and offered a rich market. Whatever urban administration was there, it was autocratic in form.
The Indian Statutory Commission (popularly known as Simon Commission) was appointed by the British Crown in 1927 to examine the working of responsible government introduced under the Act of 1919 and to suggest steps, which should be taken to advance the system.
Communal and caste considerations came into play both in municipal politics and municipal administration. All these factors were responsible for impairing the efficiency of local bodies. New reforms were introduced under the Government of India Act 1935.
Despite recommendations made by many committees from time to time, committees could not see the light of the day until after independence. Independence brought a new kind of activity in every sphere of public life. It opened a new chapter in the history of local government in India.
The constitutions of local bodies were democratized by the introduction of adult suffrage and the abolition of communal representation. In July 1953, the U.P. Government took a decision to set-up Municipal Corporations in five big cities of Kanpur, Agra, Varanasi, Allahabad and Lucknow, popularly known as KAVAL Towns. As a result, the state of U.P. adopted a new Act for Municipal Corporations in 1959.
Then in 1985, the Central Government appointed the National Commission on Urbanization, which gave its report in 1988. This was the first commission to study and give suggestions on all aspects of urban management. Apart from the contributions made by the Central Government, committees were appointed in different states in order to improve the municipal organizations and administration there under. Municipal legislations have been suitably adapted from time to time keeping this end in view.
Major structural changes had not taken place except in the larger and important cities, where municipal corporations had been established, and in U.P. in 1966, where Centralization of Municipal Services took place, until 1992, when the Constitution 74th Amendment Act 1992, relating to Municipalities (Urban local Government) was passed by the parliament in 1992.It received the assent of the president of India on 20th April 1993.
The Act provided for a period of one year from the date of its commencement, within which the then existing municipal laws (which were in force at that time In states/union territories) were required to be changed/amended/modified in order to bring them in conformity with the provisions of the constitution (74th Amendment) Act—1992.
Key Features of the Act
Constitution of Municipalities:
1. There shall be constituted in every state (Article 243 Q)
(a) A Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area.(b) A municipal council for a smaller urban area.(c) A municipal corporation for a larger urban area in accordance with the provisions of this part.
2. Composition of Municipalities: (Article 243 R)
(i) As provided in clause (2) all the seats in a municipality shall be filled by persons chosen by direct election from the territorial constituencies in the municipal areas and for this purpose each municipal area shall be divided into territorial constituencies to be known as wards.
(ii) The Legislature of a state may, by law provide(a) For the representation in a Municipality of:(A) Persons having special knowledge or experience in municipal administration.(B) The members of the Home of people and the members of the Legislative Assembly of the state representing constituencies which comprise wholly or partly the municipal area:(C) The members of the council of states and the members of the Legislative Council of the state registered as electors within the municipal area.(D) The chairpersons of the committees constituted under clause (5) of Article 243S: provided that the persons referred to in paragraph (A) shall not have the right to vote in the meetings of the municipality.
Constitution and Composition of Wards Committees: (Article 243 S)
1. There shall be constituted wards committees consisting of one or more wards, within the territorial area of a municipality having a population of three lakhs or more.
2. The legislature of a state may, by law, make provision with respect to:(a) The composition and the territorial area of a ward committee. (b) The manner in which the seats in a wards committee shall be filled.
3. A member of a municipality representing a ward within the territorial area of the wards committee shall be a member of that committee.
4. Where a wards committee consists of:
(a) One ward, the member representing that ward in the municipality, or two or more wards, one of the members representing such wards in the municipality elected by the members of the wards committee shall be the chairperson of that committee.
Reservation of Seats: (Article 243 T)
Seats shall be reserved for the scheduled castes and scheduled tribes in every municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that municipality as the population of the scheduled castes in the municipal area or of the scheduled tribes in the municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a municipality.
Seats shall be reserved for the scheduled castes and scheduled tribes in every municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that municipality as the population of the scheduled castes in the municipal area or of the scheduled tribes in the municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a municipality.
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Duration of Municipalities: (Article 243U)
Every Municipality unless sooner dissolved under any law for (lie time being in force, shall continue for five years from the date appointed for its first meeting and no longer provided that a municipality shall be given a reasonable opportunity of being heard before its dissolution.
Powers, Authority and Responsibilities of Municipalities: (Article 243W)
Subject to the provisions of the constitution, the legislature of state may by law, endow:
(a) The municipalities with such power and authority as may be necessary to enable them to function as Institutions of self-government and such law may contain provision for the devolution of powers and responsibilities upon municipalities, subject to such conditions as may be specified therein, with respect to
(i) The preparation of plans for economic development and social justice.
(ii) The performance of functions and the Implementation of schemes as may be entrusted to them including those in relation to the matter listed in the twelfth schedule. (b) The committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth schedule.
Power to Impose Taxes by, and Funds of the Municipalities: (Article 243X)
The legislature of a state may, by law:
(a) Authorize a municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits.(b) Assign to a municipality such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits,(c) Provide for making such grants-in-aid to the municipalities from the consolidated fund of the state and(d) Provide for constitution of such funds for crediting all money received, respectively, by or on behalf of the municipalities and also for the withdrawal of such money therefrom, as may be specified in the law.
Finance Commission: (Article 243Y)
The Finance Commission constituted under Article 243 I shall also review the financial position of the municipalities and make recommendations to the Governor.2. The Governor shall cause every recommendation made by the commission under this Article together with an explanatory memorandum as to the action taken thereon to be laid before the legislature of the state.
Election Commission (Article 243ZA)
An independent election commission to supervise and manage elections to local bodies, much as the Election Commission of India manages state assembly and parliamentary elections;
Committee for District Planning: (Article 243ZD)
There shall be constituted in every state at the district level a District Planning Committee to consolidate the plans prepared by the panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole.
Committee for Metropolitan Planning: (Article 243ZE)
There shall be constituted in every metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the metropolitan area as a whole.
(a) Have regarded to:
(i) The plans prepared by the municipalities and the panchayats, in the metropolitan area.(iv) The extent and nature of investments likely to be made in metropolitan area by agencies of the Government of India and the Government of state and other available resources whether financial or otherwise.(b) Consult such institutions and organizations as the Governor may by order, specify.(c) The chairperson of every metropolitan planning committee shall forward the development plan, as recommended by such committee, to the Government of the State.
Obstacles to the Working of Urban Local Bodies in India
The constitution 74th Amendment Acts have made a hold attempt to ensure their continuity, stability, representativeness and autonomy to function as valuable systems of self-governance. Yet the intention of legislatures have marred their effective working in the following ways :
Participation in the Decision-making Process
The extent of participation in the decision-making process is understood on the basis of perceptions/views of those municipal functionaries who participate regularly in the meetings of urban local governments, namely the elected members (i.e., mayor/president, councillors) and the appointed authorities (i.e., the executive officer, and other staff).
It is reported that members/authorities belonging to high caste and who are economically better off dominate, and are often successful in getting their decisions/resolutions accepted. Due to this reason, the grievances of other members are generally not heard. In this situation, it may not be incorrect to assume that only a particular section of the population benefits when decisions are implemented.
Influence of Political Factors on Decision-making Party politics exists at the municipal level. It is reported that members affiliated to the largest political parties strongly influence decisions during the meetings of the local government.
Ineffective Women’s Participation in Decision-making At least one-third of the members associated with urban local governments belong to the women category. On the basis of discussions held with a select number of women members, it is learnt that this group is unable to make a meaningful contribution on municipal matters discussed in the meetings. In this regard, it is observed that illiteracy and lack of awareness cannot be accepted as valid reasons for the ineffective participation of women members.
Issue of Proxy Candidates:
Reservation of seats for women in Urban Local bodies have definitely ensured their presence but have not helped them to participate effectively. This is because women have turned rubber stamps for their male counterparts who exercise major control in the functioning of Panchayats who are present in the meetings held with/on behalf of their wives.
Women members feel that work practices are too complex and not easy to comprehend. Unfortunately, the effective/influential members and authorities prefer to ignore their grievances in this regard. Such members lose their interest in municipal matters because of the lack of incentives offered by the State government.
State Control on the working of Municipalities. Various studies point out that decisions on every aspect related to the development of urban services at the local level are taken during the meetings held by urban local governments. Yet a review of the perceptions of a select number of authorities and members associated with the urban local governments reveal that there are delays in Convening Municipal Meetings due to an absence of active cooperation received from the elected ward members (i.e., councillors) on most municipal matters.
Party Interest interferes in the working of Panchayats:
Factionalism of Members on the basis of party interest influences the procedure of passing a resolution during municipal meetings. It is alleged that the dominating members are generally successful in getting their own resolutions passed.
Lack of bureaucratic support
Discussions held with various municipal members and authorities with respect to this aspect reveals that the practices adopted by local governments, especially in the execution of projects, are characterised by numerous deficiencies, which affect adversely the project planning and implementation process. This happens by not Sharing Information, alliances with private contractors and corruption have hindered effective utilization of urban governance services.
Way Forward
In order to make urban local governance effective, training should be provided from time to time to first time entrants so that they become acquainted with procedures and rules of the institutions. Use of digital technology to publish the rules or to advertise the contracts can help in minimizing corruption. Social audits and citizen participation by increasing frequency of meetings of people with ward members can help in making delivery of services effective. Nothing of this can be successful without the zeal of state legislatures who will be ready to devolve powers to these bodies.
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