The 74th Constitutional Amendment Act, 1992, was a landmark reform aimed at strengthening urban governance in India. By providing a constitutional status to municipalities, it institutionalized democratic decentralization at the urban level and empowered local bodies to act as effective institutions of self-governance. This amendment has played a crucial role in improving urban planning, service delivery, and citizen participation in urban governance.
Salient Features of the 74th Constitutional Amendment Act
1. Constitutional Status:
– The amendment recognized municipalities as the third tier of governance and gave them a constitutional status under Part IX-A of the Constitution.
2. Types of Municipalities:
– The Act classified municipalities into three types based on population and size:
– Nagar Panchayats for transitional areas from rural to urban.
– Municipal Councils for smaller urban areas.
– Municipal Corporations for larger urban areas.
3. Elected Representatives:
– It mandated direct elections to all urban local bodies, ensuring democratic representation.
4. Reservation of Seats:
– Seats were reserved for Scheduled Castes (SC), Scheduled Tribes (ST), and women, promoting inclusivity and representation.
5. Devolution of Powers:
– The Act transferred 18 functional items to municipalities, including urban planning, water supply, waste management, and public health.
6. State Election Commission:
– The establishment of State Election Commissions ensured regular and fair elections to municipalities.
7. State Finance Commission:
– The Act required states to establish Finance Commissions to recommend resource allocation to urban local bodies.
Municipalities as Effective Institutions of Self-Government
1. Enhanced Citizen Participation:
– The introduction of ward committees and public consultations has enabled greater participation of citizens in local governance.
2. Improved Service Delivery:
– Municipalities are now responsible for key urban services such as water supply, sanitation, solid waste management, and street lighting, directly benefiting urban residents.
3. Inclusive Representation:
– Reservation for marginalized groups and women has improved their participation in governance, promoting social equity.
4. Focus on Urban Planning:
– Municipalities now play a significant role in urban development through town planning, slum improvement, and housing initiatives.
5. Accountability and Transparency:
– Mechanisms such as social audits, public grievance systems, and regular elections have improved accountability in urban governance.
Challenges Faced by Municipalities
1. Limited Financial Autonomy:
– Despite the provisions for devolution of funds, municipalities often rely heavily on state governments for financial resources.
2. Capacity Constraints:
– Inadequate technical expertise, trained personnel, and administrative capacity hinder effective functioning.
3. Lack of Uniformity:
– Implementation of the 74th Amendment varies across states, leading to uneven levels of decentralization.
4. Political Interference:
– Excessive control by state governments undermines the autonomy of municipalities, particularly in resource allocation and decision-making.
5. Urban Challenges:
– Rapid urbanization, inadequate infrastructure, and environmental concerns have outpaced the capacities of municipalities.
Achievements Post-74th Amendment
1. Urban Reforms:
– Initiatives like the Smart Cities Mission and AMRUT (Atal Mission for Rejuvenation and Urban Transformation) have strengthened the role of municipalities in urban development.
2. Enhanced Infrastructure:
– Municipalities have contributed to improving urban infrastructure, including roads, public transport, and housing projects.
3. Digital Governance:
– The adoption of e-governance tools has improved service delivery and citizen engagement in urban areas.
Recommendations for Strengthening Municipalities
1. Financial Empowerment:
– Municipalities should have greater control over revenue generation through property taxes, user charges, and other local resources.
2. Capacity Building:
– Training programs for elected representatives and municipal staff can enhance governance and administrative efficiency.
3. Reduced Political Interference:
– Clear guidelines should be established to minimize interference by state governments and ensure the autonomy of municipalities.
4. Technology Integration:
– Expanding e-governance initiatives can improve transparency and streamline urban service delivery.
5. Citizen Engagement:
– Promoting active citizen participation through ward committees and public consultations can ensure that governance reflects local needs.
Conclusion
The 74th Constitutional Amendment Act, 1992, has been instrumental in empowering municipalities to function as effective institutions of local self-government. While significant progress has been made in improving urban governance, challenges like financial dependency, capacity gaps, and political interference persist. By addressing these issues and fostering greater autonomy, municipalities can play a transformative role in managing urban growth and ensuring sustainable development.
