Question

Consider the following statements regarding the 74th Constitutional Amendment Act:

i. It added Part IX-A to the Constitution, dealing with urban local self-government.

ii. It introduced the Twelfth Schedule, listing 18 subjects under the purview of municipalities.

iii. It mandates that elections to municipalities be conducted by the Election Commission of India.

iv. It came into force on 1 June 1993.

Which of the statements given above is/are correct?

• A. i, ii, and iv only
• B. i, iii, and iv only
• C. ii and iii only
• D. All of the above

Answer 1

Answer:

A. i, ii, and iv only

74th Constitutional Amendment Act, 1992

• Background: This Act, along with the 73rd Amendment Act, aimed to strengthen local self-government in India. While the 73rd Amendment dealt with Panchayati Raj (rural local government), the 74th Amendment focused on urban local bodies.
• Part IX-A: The Act added Part IX-A to the Constitution, specifically titled 'The Municipalities'. This part contains provisions related to the organization, powers, and functions of urban local governments.
• Twelfth Schedule: It introduced the Twelfth Schedule to the Constitution, which lists 18 functional items that can be entrusted to the municipalities. These items cover a wide range of urban development and civic services.
• Election Commission: The Act provides for the establishment of State Election Commissions, which are responsible for conducting elections to the municipalities and Panchayats. This ensures independent and fair conduct of local body elections.
• Inforcement Date: The 74th Constitutional Amendment Act, 1992 came into force on 1 June 1993.
• Key Features:
  • Types of Municipalities: The Act recognizes different types of urban local bodies, including Nagar Panchayats, Municipal Councils, and Municipal Corporations.
  • Wards Committees: It provides for the formation of Wards Committees in urban areas with a population of three lakh or more.
  • Reservation of Seats: The amendment mandates reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) and also for women in every municipality.
  • Duration of Municipalities: It specifies a term of five years for municipalities, with provisions for dissolution before the expiry of the term.
• Significance: The 74th Amendment Act is a landmark legislation that has institutionalized urban local governance, making it a cornerstone of democratic decentralization in India's urban areas.