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People's Power

The 74th Amendment

THE CONSTITUTION (SEVENTY-FOURTH AMENDMENT) ACT, 1992

Statement of Objects and Reasons appended to the Constitution (Seventy-third Amendment) Bill, 1991 which was enacted as the Constitution (Seventy-fourth Amendment) Act, 1992


STATEMENT OF OBJECTS AND REASONS

In many States local bodies have become weak and ineffective on account of a variety of reasons, including the failure to hold regular elections, prolonged supersessions and inadequate devolution of powers and functions. As a result, Urban Local Bodies are not able to perform effectively as vibrant democratic units of self-government.

2. Having regard to these inadequacies, it is considered necessary that provisions relating to Urban Local Bodies are incorporated in the Constitution particularly for-
(i) Putting on a firmer footing the relationship between the State Government and the Urban Local Bodies with respect to-
(a) The functions and taxation powers; and
(b) Arrangements for revenue sharing;
(ii) Ensuring regular conduct of elections;
(iii) Ensuring timely elections in the case of supersession; and
(iv) Providing adequate representation for the weaker sections like Scheduled Castes, Scheduled Tribes and women.

3. Accordingly, it is proposed to add a new part relating to the Urban Local Bodies in the Constitution to provide for-

(a) Constitution of three types of Municipalities:
(i) Nagar Panchayats for areas in transition from a rural area to urban area;
(ii) Municipal Councils for smaller urban areas;
(iii) Municipal Corporations for larger urban areas.

The broad criteria for specifying the said areas is being provided in the proposed article 243-0;

(b) Composition of Municipalities, which will be decided by the Legislature of a State, having the following features:
(i) persons to be chosen by direct election;
(ii) representation of Chairpersons of Committees, if any, at ward or other levels in the municipalities;
(iii) representation of persons having special knowledge or experience of Municipal Administration in Municipalities (without voting rights);

(c) Election of Chairpersons of a Municipality in the manner specified in the State law;

(d) Constitution of Committees at ward level or other level or levels within the territorial area of a Municipality as may be provided in the State law;

(e) Reservation of seats in every Municipality-

(i) for Scheduled Castes and Scheduled Tribes in proportion to their population of which not less than one-third shall be for women;
(ii) for women which shall not less than one-third of the total number of seats;
(iii) in favor of backward class of citizens if so provided by the Legislature of the State;
(iv) for Scheduled Castes, Scheduled Tribes and women in the office of Chairpersons as may be specified in the State law;

(f) Fixed tenure of 5 years for the Municipality and re-election within six months of end of tenure. If a Municipality is dissolved before expiration of its duration, elections to be held within a period of six months of its dissolution;

(g) Devolution by the State Legislature of powers and responsibilities upon the Municipalities with respect to preparation of plans for economic development and social justice, and for the implementation of development schemes as may be required to enable them to function as institutions of self-government;

(h) Levy of taxes and duties by Municipalities, assigning of such taxes and duties to Municipalities by State Governments and for making grants-in-aid by the State to the Municipalities as may be provided in the State law;

(i) A Finance Commission to review the finances of the Municipalities and to recommend principles for-
(1) Determining the taxes which may be assigned to the Municipalities;
(2) Sharing of taxes between the State and Municipalities;
(3) Grants-in-aid to the Municipalities from the Consolidated Fund of the State;

(j) audit of accounts of the Municipal Corporations by the Comptroller and Auditor-General of India and laying of reports before the Legislature of the State and the Municipal Corporation concerned;

(k) Making of law by a State Legislature with respect to elections to the Municipalities to be conducted under the superintendence, direction and control of the chief electoral officer of the State;

(l) Application of the provisions of the Bill to any Union territory or part thereof with such modifications as may be specified by the President;

(m) Exempting Scheduled areas referred to in clause (1), and tribal areas referred to in clause (2), of article 244, from the application of the provisions of the Bill. Extension of provisions of the Bill to such areas may be done by Parliament by law;

(n) Disqualifications for membership of a Municipality;

(o) Bar of jurisdiction of Courts in matters relating to elections to the Municipalities.

4. The Bill seeks to achieve the aforesaid objectives.

NEW DELHI;
SHEILA KAUL.

The 11th September, 1991.
Download The Constitution (74th amendment) Act, 1992 - PDF 47KB