Chapter 32: Municipalities — 74th Amendment, Structure, Powers
Introduction
Urban areas in India — towns and cities — need special governance structures for:
- Better service delivery,
- Urban development,
- Management of growing population and economy.
Thus, the 74th Constitutional Amendment Act, 1992 provided constitutional status to Urban Local Bodies (ULBs).
Historical Background
| Milestone | Significance |
|---|---|
| Lord Ripon’s Resolution (1882) | “Father of Local Self-Government” in India. |
| Formation of first municipal corporation | Madras, 1687. |
| 74th Amendment Act (1992) | Gave constitutional recognition to Municipalities. |
Constitutional Provisions: 74th Amendment Act, 1992
- Added Part IX-A to the Constitution: “The Municipalities” (Articles 243P to 243ZG).
- Added Twelfth Schedule: 18 subjects transferred to municipalities.
Features of the 74th Amendment
1. Types of Municipalities
| Type | Area Covered |
|---|---|
| Nagar Panchayat | Transitional area (rural → urban) |
| Municipal Council | Smaller urban areas (medium towns) |
| Municipal Corporation | Larger urban areas (big cities) |
Note:
States are free to define the population limits for each type.
2. Composition of Municipalities
- Composed of directly elected representatives.
- Chairperson:
- Elected directly or indirectly (as decided by State law).
- Wards Committee:
- Created within municipalities having a population above a certain size.
3. Reservation of Seats
- Same pattern as Panchayats:
- Reservation for SCs, STs in proportion to their population,
- One-third seats reserved for women (including SC/ST women).
(Some states provide 50% reservation for women.)
4. Duration of Municipalities
- 5 years tenure.
- Re-elections must be held within 6 months if dissolved prematurely.
5. Powers and Responsibilities
States may endow Municipalities with powers related to:
- Urban planning,
- Regulation of land use,
- Water supply,
- Sanitation and solid waste management,
- Fire services,
- Urban forestry,
- Slum improvement,
- Public health,
- Urban poverty alleviation.
(As per Twelfth Schedule.)
6. Finance of Municipalities
Sources of funds:
- Property tax,
- Entertainment tax,
- Grants from State Government,
- Borrowings,
- User charges (water, sewage, parking fees),
- Municipal bonds (for large cities).
7. State Finance Commission
- Set up every 5 years.
- Recommends:
- Distribution of financial resources between State and Municipalities.
8. State Election Commission
- Conducts free and fair elections to Municipalities.
- Independent from the Election Commission of India.
Structure of Urban Local Bodies
1. Nagar Panchayat
- Transitional areas moving from rural to urban.
- Smaller towns.
- Functions similar to Gram Panchayats but focused on emerging urban needs.
2. Municipal Council (Municipality)
- Urban areas with medium population.
- Examples: Municipalities of towns like Dehradun, Dharamshala, etc.
3. Municipal Corporation (Mahanagar Palika)
- Big cities and metropolitan areas.
- Examples: Delhi, Mumbai, Kolkata, Chennai, Bengaluru.
Headed by:
- Mayor (ceremonial head, elected),
- Municipal Commissioner (executive head, appointed by State Government — usually IAS officer).
Twelfth Schedule: Subjects of Municipalities
(18 subjects listed for Municipal Functions)
Key Subjects:
- Urban planning (town planning),
- Regulation of land-use and building construction,
- Water supply,
- Roads and bridges,
- Public health and sanitation,
- Solid waste management,
- Urban forestry and environment protection,
- Fire services,
- Slum improvement and upgradation,
- Poverty alleviation,
- Urban housing,
- Street lighting,
- Parking lots,
- Markets,
- Burial and cremation grounds.
Importance of Municipalities
- Strengthens grassroots democracy in urban areas,
- Improves urban governance,
- Enables efficient service delivery,
- Enhances citizen participation,
- Bridges the gap between government and urban citizens.
“A responsive urban government is key to a livable city.“
Problems and Challenges
- Financial Weakness:
Heavy dependence on State and Central grants. - Poor Infrastructure:
Basic facilities like drainage, roads still inadequate in many towns. - Political Interference:
Lack of autonomy. - Weak Capacity:
Technical expertise lacking. - Delay in Elections:
Many municipalities functioning with bureaucrats instead of elected bodies.
Recent Developments
- Smart Cities Mission (2015):
Urban renewal and modernization program. - AMRUT Scheme:
(Atal Mission for Rejuvenation and Urban Transformation) — for improving urban basic services. - Swachh Bharat Mission (Urban):
Focus on sanitation and cleanliness. - Efforts to promote municipal bonds for urban infrastructure financing.
Important Reports and Committees
| Report | Significance |
|---|---|
| 2nd Administrative Reforms Commission | Emphasized strengthening Urban Local Bodies. |
| JNNURM Guidelines (Jawaharlal Nehru National Urban Renewal Mission) | Recommended empowering municipalities. |
| HPEC Report on Urban Infrastructure (2011) | Proposed investment roadmap for urban renewal. |
Important Articles Related to Municipalities
| Article | Subject |
|---|---|
| 243P | Definitions (Municipality, Nagar Panchayat, etc.) |
| 243Q | Constitution of Municipalities |
| 243R | Composition of Municipalities |
| 243S | Constitution of Wards Committees |
| 243T | Reservation of seats |
| 243U | Duration of Municipalities |
| 243W | Powers, Authority, and Responsibilities of Municipalities |
| 243X | Power to impose taxes |
Comparison: Panchayati Raj vs Municipalities
| Feature | Panchayati Raj | Municipalities |
|---|---|---|
| Covered Areas | Rural | Urban |
| Constitutional Part | IX | IX-A |
| Amendment | 73rd (1992) | 74th (1992) |
| Schedule | Eleventh (29 subjects) | Twelfth (18 subjects) |
Conclusion
Municipalities are the backbone of urban governance in India.
Strengthening them is critical to address the challenges of urbanization, infrastructure, housing, sanitation, and livelihood.
They hold the key to making Indian cities smarter, sustainable, and citizen-friendly.
“If villages are the soul of India, cities are the engines of India’s growth.“
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| 74th Amendment Year | 1992 |
| Part Added | Part IX-A |
| Schedule Added | Twelfth Schedule (18 subjects) |
| Types of Municipalities | Nagar Panchayat, Municipal Council, Municipal Corporation |
| First Municipal Corporation in India | Madras (Chennai), 1687 |
Chapter 33: Union Territories and Special Areas — Administration, Powers
Introduction
Union Territories (UTs) are regions that are directly administered by the Central Government.
They are different from states, which have their own governments.
The system was designed to:
- Handle strategic, cultural, or administrative uniqueness,
- Maintain national integration,
- Allow direct governance where needed.
Meaning of Union Territory
- A UT is an area governed directly by the Union (Central) Government.
- President acts through an Administrator appointed for each UT.
Constitutional Provisions
- Article 1:
India shall be a Union of States and Union Territories. - Articles 239 to 241:
Deal with the administration of Union Territories. - Schedules:
Names of Union Territories mentioned in the First Schedule.
Why Some Areas are Union Territories?
| Reason | Example |
|---|---|
| Strategic importance | Andaman and Nicobar Islands |
| Cultural distinctiveness | Lakshadweep |
| Political reasons | Delhi (National Capital) |
| Small size and resources | Chandigarh, Daman and Diu |
List of Current Union Territories (2024)
| Union Territory | Special Notes |
|---|---|
| Delhi (National Capital Territory) | Special status (Assembly + CM) |
| Puducherry | Special status (Assembly + CM) |
| Andaman and Nicobar Islands | Strategic location |
| Lakshadweep | Smallest UT |
| Chandigarh | Shared capital of Punjab and Haryana |
| Dadra and Nagar Haveli and Daman and Diu | Merged into one UT in 2020 |
| Jammu and Kashmir | UT with legislature (since 2019) |
| Ladakh | UT without legislature (since 2019) |
Administration of Union Territories
1. President’s Rule under Article 239
- UTs are administered by the President through an Administrator (appointed by President).
- Administrator can be:
- A civil servant,
- A retired officer,
- Even the Governor of a neighboring state (dual role).
2. Legislature in Some UTs
| UT | Legislature? | Chief Minister? |
|---|---|---|
| Delhi | Yes | Yes (Arvind Kejriwal, 2024) |
| Puducherry | Yes | Yes |
| Jammu & Kashmir | To be restored; currently under LG Rule | No (yet) |
| Others (e.g., Chandigarh, Lakshadweep) | No | No |
Special Cases: Delhi and Puducherry
National Capital Territory of Delhi (NCT)
- Given special status by the 69th Amendment Act, 1991.
- Added Article 239AA:
- Elected Legislative Assembly,
- Council of Ministers headed by Chief Minister,
- Matters like police, public order, and land remain under central control through LG (Lieutenant Governor).
“Delhi is not a full-fledged state — it is a Union Territory with partial statehood.“
Puducherry
- Four districts (Puducherry, Karaikal, Mahe, Yanam).
- Has elected Legislative Assembly and Chief Minister.
- Union Territory but enjoys more autonomy than normal UTs.
Union Territory vs State: Key Differences
| Feature | Union Territory | State |
|---|---|---|
| Formation | By Parliament (simple law) | By constitutional amendment |
| Autonomy | Less | More |
| Administration | President through Administrator | Governor, elected CM and Council |
| Legislature | Some UTs (Delhi, Puducherry, J&K) | All States |
69th Amendment Act, 1991 — Special Provision for Delhi
Highlights:
- National Capital Territory of Delhi established.
- Legislative Assembly and Council of Ministers created.
- Assembly can make laws on all matters except:
- Public Order,
- Police,
- Land.
- Lieutenant Governor (LG):
- Acts on aid and advice of CM and Council,
- But LG can refer any matter to President in case of disagreement.
Administration of Jammu and Kashmir (after 2019)
- Article 370 abrogated on 5th August 2019.
- Jammu and Kashmir reorganized:
- Jammu & Kashmir — UT with legislature (like Delhi),
- Ladakh — UT without legislature.
Article 240 — Special Legislative Powers of President
- President can make regulations for:
- Andaman and Nicobar Islands,
- Lakshadweep,
- Dadra and Nagar Haveli and Daman and Diu,
- Puducherry (until legislature was formed).
These regulations have the force of law.
Important Points about Union Territories
- Parliament can legislate directly for UTs.
- High Courts of neighboring states sometimes have jurisdiction over UTs.
- UTs can have representation in Parliament (Lok Sabha and Rajya Sabha).
Example:
- Delhi sends 7 MPs to Lok Sabha,
- Puducherry sends 1 MP.
Recent Developments
- Merging of Dadra and Nagar Haveli and Daman and Diu (2020).
- Jammu and Kashmir bifurcated into two UTs (2019).
- National Capital Territory (Amendment) Act, 2021 — Increased powers of Delhi’s LG over CM and Assembly.
Problems and Challenges with UT Administration
- Ambiguity in powers between LG and CM (especially in Delhi),
- Centralized control can delay decision-making,
- Lack of full autonomy compared to states.
Conclusion
Union Territories serve specific administrative, strategic, and cultural purposes in India.
The flexible approach towards their governance shows the federal yet unitary nature of the Indian Constitution.
“India’s strength lies in unity with diversity — and Union Territories symbolize this flexible unity.“
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| Articles covering UTs | 239 to 241 |
| First UT of India | Andaman and Nicobar Islands |
| UTs with Legislature | Delhi, Puducherry (and J&K pending elections) |
| 69th Amendment Year | 1991 (for Delhi) |
| Latest UTs Created | Jammu & Kashmir and Ladakh (2019) |
| Merger of UTs | Dadra and Nagar Haveli + Daman and Diu (2020) |
Chapter 34: Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) — Constitutional Safeguards
Introduction
India’s Constitution recognizes the need for special protection and affirmative action for:
- Scheduled Castes (SCs),
- Scheduled Tribes (STs),
- Other Backward Classes (OBCs),
to achieve social justice, equality, and upliftment of historically marginalized groups.
Why Special Safeguards?
| Reason | Explanation |
|---|---|
| Historical Discrimination | Centuries of untouchability, exclusion, and exploitation. |
| Socio-economic Backwardness | Lack of access to education, employment, health. |
| Need for Social Justice | Inclusive development and national integration. |
Scheduled Castes (SCs)
- Historically discriminated communities subjected to untouchability.
- Recognized under Article 341.
- President specifies the SCs list for each State/UT (after consultation with Governor).
Scheduled Tribes (STs)
- Indigenous communities living in isolated areas like forests, hills.
- Recognized under Article 342.
- President specifies STs list for each State/UT.
Other Backward Classes (OBCs)
- Socially and educationally backward communities.
- Not as marginalized as SC/STs but still underprivileged.
- Identified through administrative commissions (like Mandal Commission).
Constitutional Safeguards for SCs, STs, and OBCs
I. Fundamental Rights
| Article | Provision |
|---|---|
| Article 15(4) | State can make special provisions for advancement of SCs, STs, and OBCs. |
| Article 16(4) | Reservation in government jobs for backward classes. |
| Article 17 | Abolition of untouchability. |
| Article 23 | Prohibition of forced labor (benefits SCs/STs mainly). |
| Article 46 | State to promote educational and economic interests of SCs/STs and protect them from social injustice. |
II. Political Safeguards
| Provision | Details |
|---|---|
| Reservation in Legislature | Seats reserved for SCs and STs in Lok Sabha and State Assemblies (Article 330 and 332). |
| Panchayats and Municipalities | Reservation of seats for SCs/STs (Articles 243D and 243T). |
| Separate Commissions | Like National Commission for SCs, STs, and OBCs. |
III. Educational and Employment Safeguards
| Provision | Details |
|---|---|
| Reservation in educational institutions | Central and State Government institutions reserve seats for SC/ST/OBC students. |
| Scholarships and grants | Various scholarship programs (e.g., Post-Matric Scholarships). |
| Reservation in promotions (for SCs/STs) | Allowed under Article 16(4A) (inserted by 77th Amendment, 1995). |
IV. Economic Safeguards
- Special Economic Development Programs,
- Priority loans under government schemes (Mudra Yojana, Stand-Up India),
- Skill development programs for marginalized sections.
V. Protective Safeguards
- SC/ST (Prevention of Atrocities) Act, 1989:
- Special law to protect SC/STs from atrocities and discrimination.
- Provides stringent punishment for offenses.
- Scheduled Areas and Tribal Areas:
- Special protections under Fifth and Sixth Schedules (already covered in Ch 30).
Commissions for Welfare
1. National Commission for Scheduled Castes (NCSC)
- Constitutional Body under Article 338.
- Functions:
- Investigate matters relating to safeguards,
- Inquire into complaints of violations,
- Advise on planning and socio-economic development.
2. National Commission for Scheduled Tribes (NCST)
- Constitutional Body under Article 338A (separated from NCSC in 2003).
- Focus specifically on ST welfare and rights protection.
3. National Commission for Backward Classes (NCBC)
- Initially statutory body (1993),
- Became Constitutional Body under 102nd Amendment Act, 2018 (Article 338B).
- Functions:
- Examine and recommend OBC lists,
- Investigate matters regarding OBC welfare.
Mandal Commission and OBC Reservation
- Set up: 1979 (headed by B.P. Mandal).
- Objective: Identify socially and educationally backward classes.
- Recommended:
- 27% reservation for OBCs in central government jobs and educational institutions.
- Implemented in 1990 by PM V.P. Singh.
- Landmark for social justice.
Recent Developments
- 103rd Constitutional Amendment Act, 2019:
- Provides 10% reservation for Economically Weaker Sections (EWS) among General Category (apart from SC, ST, OBC quotas).
- Increasing demand for sub-categorization within OBCs (to ensure benefits reach most backward sections).
- Ongoing debates over the extension of reservations beyond 50% cap (Indra Sawhney Case guidelines).
Important Court Judgments
| Case | Importance |
|---|---|
| Indra Sawhney Case (1992) | Upheld 27% reservation for OBCs; set 50% ceiling on reservations. |
| M. Nagaraj Case (2006) | Reservations in promotions valid but subject to certain conditions. |
| Jarnail Singh Case (2018) | Further clarified reservation in promotion issues. |
Challenges Related to Reservation Policy
- Political misuse and vote-bank politics.
- Creamy layer (rich among OBCs) cornering benefits.
- Need for socio-economic upliftment rather than just reservation.
- Backlash from sections not covered under reservation (leading to EWS provision).
Conclusion
Constitutional safeguards for SCs, STs, and OBCs are essential for social justice, equality, and inclusive development.
At the same time, there is a need for continuous reform to ensure that benefits reach the truly disadvantaged and reservations serve their true purpose.
“Justice to the marginalized is justice to democracy itself.“
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| Article for SC recognition | Article 341 |
| Article for ST recognition | Article 342 |
| Article for NCSC | Article 338 |
| Article for NCST | Article 338A |
| Article for NCBC | Article 338B |
| First Backward Classes Commission | Kaka Kalelkar Commission (1953) |
| Second Backward Classes Commission | Mandal Commission (1979) |