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Subjects /Indian Polity / Local Government- Urban Local Bodies

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INTRODUCTION
08 Aug 2020

In British times, Local Self Government was restricted only to the Urban Areas, since they believed the villages in India are themselves self sufficient in economy, polity and society.

The Part IXA of the Indian Constitution gives a constitutional foundation to the local self-government units in urban areas. These urban areas are demarcated by the State Government of the respective State.

Some of its provisions are similar to that of the Part IX.

The 74th Amendment Act added:

  • Part IXA to the Constitution of India
  • Article 243P to 243ZG
  • 12th Schedule: It has around 18 items.

This act gave Constitutional Status to the Urban Local Bodies.

Some of the Functions of ULBs

  • Planning of Urban and Social Development
  • Slums Rehabilitation
  • Urban Forestry
  • Solid Waste Management
  • Cattle Management
  • Birth and Death Certificates

3-Tier System by 74th Amendment Act

This Act is related to urban development, according to this act a three-tier system was also developed for the urban areas such as:

  1. Nagar Palikas - for urban center having population between 10,000-20,000. That is, for the Tier 3 cities.
  2. Municipal Council -for urban center having population between 20,000-3,00,000. That is, for the Tier 2 cities.
  3. Municipal Corporation - for cities having population above 3,00,000. That is for the Metropolitan Cities.

Elections for Municipal Council and Municipalities

Some provisions for the elections of Municipal Council are:

  • The area is divided into wards to contest elections and the Council is formed.
  • The Head of the Council is called the Mayor in the Council.
  • All the decisions are taken by the Council and these decisions are implemented by the Municipal Commissioner, who is an IAS officer.

Some provisions for the elections of the Municipalities are:

  • The State Legislature may provide the manner of the election of Chairperson of Municipality. It may also provide for the nomination of people to the Municipality, who have:
  • Specialized knowledge and experience in Municipal Administration without the right to vote.
    • MPs and MLAs
    • MPs of Rajya Sabha
    • Members of Legislative Councils
  • Every Municipality shall continue for 5 years. It can be dissolved earlier - as per law.
  • A Municipality that is constituted after the dissolution of previous Municipality will continue only for the remainder of the term.
  • Any person who is qualified to be chosen to the State Legislature is qualified for the membership of the Municipalities. However, the age is 21 years.
  • There is reservation for SCs/STs as per the proportion of their population.
  • Not less than one-third seats are reserved for women.
  • State Election Commission shall be vested with direction and superintendence of elections to Urban Local Bodies.

State Finance Commission

State Finance Commission shall be constituted every 5 years to make recommendations as to:

  • Distribution between the State and the ULBs of the net proceeds of taxes, duties, tolls, fees leviable by the State which may be divided between them.
  • What taxes, duties, tolls and fees may be assigned to the ULBs, grant-in-aid to the ULBs.
  • The report of the Commission shall be laid before the State Legislature.

District Planning Committee

  • It prepares plan for Districts.
  • It consolidates plan given by PRIs and ULBs.
  • It gives decentralized form of planning.
  • The State Legislature determines composition, functions, manner of elections of District Planning Committee.
  • The representation of the members in DPC should be in proportion to the rural and the urban areas.
  • 4/5th of the members to be elected by District Panchayats and Municipalities from among themselves.

Metropolitan Committees

  • For areas having population of 10 Lakh or more.
  • Provide Draft Development Plan for the Metropolitan Area.
  • It includes the representation of both Urban and the Rural areas.

Notified Area Committees

  • It is created upon notification of State Government.
  • It is neither Constitutional nor Statutory bodies.
  • It is created for those areas which are in transition phase.
  • The functions are performed under the supervision of the State.
  • All members are nominated members.

Cantonment Boards

  • It is formed to administer civilian population in defence areas.
  • It is established by the Cantonment Act, 2006.
  • It works under the jurisdiction of Defence Ministry and not MHA.