Question

Choose the correct statement(s) regarding the 74th Constitutional Amendment Act:

1. It added Part IX-A to the Constitution, dealing with municipalities.

2. It introduced the Twelfth Schedule, which lists 18 subjects under the powers of municipalities.

3. It mandated that all states must adopt a three-tier municipal system.

• A. 1 and 2 only
• B. 2 only
• C. 1 and 3 only
• D. All of the above

Answer 1

Answer:

A. 1 and 2 only

The 74th Constitutional Amendment Act (1992)

• The 74th Constitutional Amendment Act, enacted in 1992, is a landmark legislation that provided constitutional status to Urban Local Bodies (ULBs) or municipalities.
• It came into force on June 1, 1993.
• The primary objective of this amendment was to strengthen urban local self-government, making it a more effective and accountable system for urban governance and development.

Part IX-A: The Municipalities

• The Act introduced a new Part IX-A to the Constitution of India, titled "The Municipalities."
• This part consists of Articles 243P to 243ZG.
• It outlines the composition, powers, functions, finances, and elections of municipalities, thereby providing a constitutional framework for urban local self-governance.

Twelfth Schedule and Municipal Powers

• The 74th Amendment also added the Twelfth Schedule to the Constitution.
• This schedule lists 18 functional items or subjects that are within the purview of municipalities.
• These subjects include areas like urban planning, regulation of land-use, roads and bridges, public health, sanitation, fire services, slum improvement, urban poverty alleviation, and maintenance of public amenities.

Structure of Municipalities

• The Act mandates the constitution of three types of municipalities in every state:
  • Nagar Panchayats for areas in transition from rural to urban.
  • Municipal Councils (Nagar Palikas) for smaller urban areas.
  • Municipal Corporations (Nagar Nigams) for larger urban areas.
• It is important to note that unlike the uniform three-tier system for Panchayats under the 73rd Amendment, the 74th Amendment provides for different types of municipalities based on the population and transitional status of the area, rather than a single three-tier system applied uniformly to all urban areas.

Key Provisions of the Act

• Mandatory Provisions: These include reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) proportionate to their population, and one-third reservation for women in every municipality.
• Fixed Tenure: Municipalities have a fixed tenure of five years, and fresh elections must be conducted within six months of dissolution.
• State Election Commission (SEC): The Act mandates the establishment of an independent SEC to conduct, supervise, and control elections to municipalities.
• State Finance Commission (SFC): The SFC, constituted under the 73rd Amendment, is also responsible for reviewing the financial position of municipalities and making recommendations to the Governor.
• District Planning Committee (DPC): This committee is to be constituted at the district level to consolidate the plans prepared by Panchayats and Municipalities and to prepare a draft development plan for the entire district.
• Metropolitan Planning Committee (MPC): For metropolitan areas (population of 10 lakhs or more), an MPC is to be constituted to prepare a draft development plan for the metropolitan area as a whole.