74th Amendment of the Indian Constitution

74th Amendment of the Indian Constitution, 1992 became effective on June 1, 1993. It introduced Part IX A, focusing on municipalities and granting constitutional status to Urban Local Bodies (ULBs). It introduced the concepts of local self-government and municipality in India.

The main purpose of the 73rd and 74th Constitutional Amendments is to decentralize power and promote local self-government by transferring power to rural people.

In this article, we will read about the 74th Amendment of the Indian Constitution, its history, objectives, provisions, significance, and features. You will also read about municipalities or urban local government and the reservation of seats in municipalities.

What is the 74th Amendment of the Indian Constitution?

The 74th Constitutional Amendment Act of the Indian Constitution was proposed in 1992 but came into force on 1st June 1993. It introduced the concept of local self-government and municipality in India. The system of Municipalities or “Nagarpalika” was constitutionalized through this amendment act. The 74th Amendment Act of the Indian Constitution, 1992 has introduced a new Part IXA in the Constitution, which deals with Municipalities in articles 243 P to 243 ZG. This amendment is, also known as the Nagarpalika Act.

History of the 74th Amendment of the Indian Constitution

The need for urban governance was highlighted by various committees and commissions, including the Balwant Rai Mehta Committee (1957), the GVK Rao Committee (1985), and the Sarkaria Commission (1988). The 74th Constitutional Amendment Act of the Indian Constitution was proposed in 1992 but came into force on 1st June 1993. 74th Amendment Act dealt with municipalities and urban local bodies(ULBs). This amendment was passed in 1992 to ensure further power devolution to local governments and bolster the democratic framework of urban local authorities. It attempted to encourage local self-governance and highlighted the necessity of elected representation in metropolitan areas.

Objectives of the 74th Amendment of the Indian Constitution

The Objectives of the 74th Amendment of the Indian Constitution are as follows:

• Municipalities were granted constitutional status through the 74th Constitutional Amendment.
• This inclusion brings them under the justiciable provisions of the Constitution.
• State governments are constitutionally mandated to implement the new municipal system by the act’s provisions.
• The primary goal of the act is to strengthen and rejuvenate municipal governments.
• The aim is to enable municipalities to efficiently fulfill their responsibilities as local government entities.

Provisions of 74th Amendment of the Indian Constitution

The following are the provisions of the 74th Amendment of the Indian Constitution:

• 74th Amendment act added a new part to the Constitution, Part IX-A.
• Part IX-A consist of articles from 243-P to 243-ZG.
• This act offers a structure for the delegation of responsibilities and tasks to Municipalities system entities at various state levels.
• Provisions for the reservation of seats for SCs, STs, and women in municipal bodies to promote social justice and gender equality.
• Municipalities must receive powers, duties, and responsibilities from the state in order for them to operate as institutions of self-governance.
• The 74th Amendment to the Constitution outlines the rules pertaining to the holding of local body elections, guaranteeing an open and democratic process.

Significance of 74th Amendment of the Indian Constitution

The economic expansion of the country is significantly influenced by cities and towns. These urban hubs play a major role in the development of the rural hinterland.

• The amendment aims to decentralize urban administration by recognizing urban local bodies (ULBs) as organizations of self-government.
• It aimed to strengthen local government authority and decision-making skills.
• To sustain this economic transformation in accordance with needs and realities at the grassroots level, the people and their representatives must be fully involved in the planning and execution of the local programs.
• If democracy is to stay strong and stable in the Parliament and State Legislatures, its roots must reach into the towns, villages, and cities where people live.

Features of 74th Amendment of the Indian Constitution

The following are the features of 74th Amendment of the Indian Constitution:

• There are three kinds of Municipalities present in every State. Nagar Panchayat, Municipal Council, Municipal Corporation are three kinds of Municipalities.
• All the members of a Municipality are to be directly elected by the people of the Municipal area.
• Duration of the municipality has been fixed at 5 years from the date appointed for its first meeting.
• The minimum age to be qualified as a member is 21 years.
• The manner of election of Chairpersons of municipalities has been left to be specified by the State Legislature.

Reservation of Seats in the

Reservation of the seats for the Scheduled castes and scheduled tribes in every municipality corporation has to be provided in proportion to their population to the total population in the municipal area.

• The proportion of seats to be reserved for SC/ST to the total number of seats has to be same as the proportion of the population of SC/ST in the municipal area.
• The reservation has to be made for only those seats that are to be filled by the direct elections. (This means no reservation for nominated seats)
• This article also provides that not less than one-third of the total number of seats reserved for SC/ST shall be reserved for women belonging to SC/ST. (Mandatory provision)
• In respect of women, the seats shall be reserved to the extent of not less than one-third of the total number of seats. This includes seats reserved for women belonging to SC/ST. These reservations will apply for direct elections only. (Mandatory provision)
• There are no bar on State Legislatures from making provisions for reservation of seats in any municipality or office of Chairperson in the municipalities in favor of backward class of citizens. (Optional Provision). {Article 243S}

Conclusion – 74th Amendment of the Indian Constitution

The 74th Amendment Act was passed in 1992 during P.V. Narsimha Rao’s administration, which had provisions for constitutionalized urban local councils. It came into force on June 1st, 1993. It added Part IX-A and consists of provisions from Articles 243-P to 243-ZG. This amendment act also added the 12th Schedule to the Constitution. It contains 18 functional matters of Municipalities. All members of the municipality should be elected directly by the people. Each municipal area shall be divided into territorial constituencies known as wards. A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee. A Wards Committee consists of two or more wards, one of the members representing such wards in the Municipality elected by the members of the Wards Committee shall be the Chairperson of that Committee.

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FAQs on 74th Amendment of the Indian Constitution

Why 74th Constitutional introduced in Indian Constitution?

74th Amendment Act was introduced to decentralize power and promote local government by forming Municipalities for urban areas.

What is the difference between 73rd Constitutional Amendment and 74th Constitutional Amendment?

The 73rd Constitutional Amendment introduced the Panchayati Raj System to rural India while the 74th Amendment introduced the Municipality System to urban India.

Which part was added in Indian Constitution after 74th Amendment Act?

Part IX-A was added in Indian Constitution after 74th Amendment Act.

Which area of country is known as Metropolitan area?

According to Article 243P, Metropolitan area in the country is an area where population is above 10 Lakh.

What is the significance of the 74th Constitutional Amendment?

The 74th Constitutional Amendment act provide decentralization of powers from higher level to lower level. This act provides a basic framework of decentralization of powers to the municipal bodies at different levels.

What is the other name of 74th Amendment?

The 74th Constitutional Amendment act is also known as “Nagarpalika act”.

What is the 74th Amendment Act 12th schedule?

12th Schedule was added after the 74th constitutional amendment in 1992. This Schedule contains 18 provisions.

What is the conclusion of the 74th Amendment?

The 74th Amendment provides provisions for Municipalities. The 74th amendment of the Indian Constitution incorporated the 12th schedule.

References:

cag.gov.in/

mohua.gov.in/

www.education.gov.in/

en.wikipedia.org/