›A cantonment board is established for municipal administration of the civilian population in cantonment areas.
›Cantonment boards are created and administered by the Central government, unlike other urban local bodies which are created by state governments.
›Cantonment boards operate under the administrative control of the Defence Ministry.
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A cantonment board is an urban local government body established for the municipal administration of civilian population in cantonment areas. Unlike other municipal bodies (corporations, municipalities, notified area committees, and town area committees) which are created and administered by state governments, cantonment boards are created and administered by the Central government under the Ministry of Defence.
The Cantonments Act of 2006, enacted by the Central government, governs cantonment boards. This Act consolidated and amended the law relating to cantonment administration to impart greater democratisation, improve their financial base, enable developmental activities, and strengthen governance structures. It repealed the earlier Cantonments Act of 1924.
At present (2019), there are 62 cantonment boards in the country, classified into four categories based on civil population: Category I (above 50,000), Category II (10,000 to 50,000), Category III (2,500 to 10,000), and Category IV (below 2,500).
A cantonment board consists of partly elected and partly nominated members. Elected members serve five-year terms, while nominated members (ex-officio members) continue in office as long as they hold their respective station posts. The military officer commanding the station serves as the ex-officio president and presides over board meetings. The vice-president is elected by elected members from amongst themselves for a five-year term.
The functions performed by cantonment boards are similar to those of municipalities and are statutorily categorised into obligatory and discretionary functions. The board's revenue comes from both tax and non-tax sources. The chief executive officer, appointed by the President of India, implements board resolutions and decisions and belongs to a central cadre established for this purpose.
All key facts
›A cantonment board is established for municipal administration of the civilian population in cantonment areas.
›Cantonment boards are created and administered by the Central government, unlike other urban local bodies which are created by state governments.
›Cantonment boards operate under the administrative control of the Defence Ministry.
›The Cantonments Act of 2006 was enacted by the Central government to consolidate and amend the law relating to cantonment administration. This Act repealed the Cantonments Act of 1924.
›As of 2019, there are 62 cantonment boards in the country.
›Cantonment boards are classified into four categories based on civil population: Category I (above 50,000), Category II (10,000 to 50,000), Category III (2,500 to 10,000), and Category IV (below 2,500).
›A cantonment board consists of partly elected and partly nominated members.
›Elected members hold office for a five-year term.
›Nominated members (ex-officio members) continue in office as long as they hold their respective station posts.
›The military officer commanding the station serves as the ex-officio president of the board.
›The vice-president of the board is elected by elected members from amongst themselves for a five-year term.
›For Category I cantonment boards, the composition includes: a military officer commanding the station, an executive engineer, a health officer, a first class magistrate nominated by the district magistrate, three military officers nominated by the officer commanding the station, eight members elected by the people, and the Chief Executive Officer.
›The functions of cantonment boards are similar to those of a municipality.
›Functions are statutorily categorised into obligatory functions and discretionary functions.
›Income sources include both tax revenue and non-tax revenue.
›The chief executive officer is appointed by the President of India.
›The chief executive officer implements all resolutions and decisions of the board and its committees.
›The chief executive officer belongs to the central cadre established for the purpose.
municipalitymunicipal corporationurban local government
74th Amendment — Urban Local Bodies (Nagarpalikas)
›74th Amendment: 1992, in force 1 June 1993; applies to urban local bodies.
›Census definition of urban area: min. 5,000 population + 75% male working population in non-agriculture + density 400/sq. km.
›Three types of urban bodies: Corporations (larger urban areas), Municipal Councils (smaller urban areas), Nagar Panchayats (transitional areas).
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The 74th Constitutional Amendment Act was passed by Parliament in 1992 alongside the 73rd Amendment and came into force on 1 June 1993. It gave constitutional status to urban local government bodies — collectively called Nagarpalikas. In many ways, the 74th Amendment mirrors the 73rd Amendment, applying its provisions to urban areas.
**What is an urban area?** The Census of India defines an urban area as having: (i) a minimum population of 5,000; (ii) at least 75 per cent of male working population engaged in non-agricultural occupations; and (iii) a density of population of at least 400 persons per sq. km. As per the 2001 Census, nearly 28% of India's population lived in urban areas.
**Types of Urban Local Bodies:**
- Corporations (for large cities like Mumbai, Kolkata)
- Town Municipalities (Municipal Councils)
- Nagar Panchayats (for areas transitioning from rural to urban)
**Constitutional Status and Structure:** The 74th Amendment Act added a new Part IX-A to the Constitution, titled 'The Municipalities', consisting of Articles 243-P to 243-ZG. The Act also added the Twelfth Schedule to the Constitution, which contains eighteen functional items for municipalities under Article 243-W. The act gave constitutional status to the municipalities and brought them under the purview of the justiciable part of the Constitution, meaning state governments are under constitutional obligation to adopt the new system of municipalities in accordance with the provisions of the act.
**Provisions (parallel to 73rd Amendment):**
- Direct elections to urban local bodies.
- Reservations for women (one-third of total seats), Scheduled Castes, Scheduled Tribes, and (optionally) OBCs — same pattern as PRIs.
- Reservations apply to both ordinary seats and positions of Mayors/Presidents/Adhyakshas.
- Transfer of functions from State to urban local bodies — the functions are listed in the Twelfth Schedule (not the Eleventh Schedule, which is for PRIs).
- State Election Commissioner conducts elections and has superintendence, direction and control of preparation of electoral rolls and conduct of all elections to municipalities.
- State Finance Commission reviews financial arrangements for both PRIs and urban local bodies every five years.
**Numbers (as of text):** Over 100 city Corporations, 1,400 town Municipalities, over 2,000 Nagar Panchayats in urban India. More than 30 women Mayors in Corporations, over 500 women Adhyakshas of Town Municipalities, nearly 650 Nagar Panchayats headed by women.
**Implementation challenge:** Like PRIs, urban local bodies also suffer from inadequate transfer of functions and financial dependence on State and central governments. Local bodies raise very little revenue of their own and depend heavily on grants — this limits their autonomy in practice.
**Importance:** The 74th Amendment aimed at revitalising and strengthening the urban governments so that they function effectively as units of local government. The constitutional amendments have created uniformity in structure of both PRIs and Nagarpalikas across India. The presence of these local institutions creates a platform for people's participation in government. The significant number of women in positions of leadership through mandatory reservation is a transformative outcome.
All key facts
›74th Amendment: 1992, in force 1 June 1993; applies to urban local bodies.
›Census definition of urban area: min. 5,000 population + 75% male working population in non-agriculture + density 400/sq. km.
›Three types of urban bodies: Corporations (larger urban areas), Municipal Councils (smaller urban areas), Nagar Panchayats (transitional areas).
›Twelfth Schedule: lists eighteen functional items to be transferred to urban local bodies (equivalent to 73rd Amendment's Eleventh Schedule for PRIs).
›Same provisions as 73rd: direct elections, one-third women reservation, SC/ST reservations, State Election Commissioner, State Finance Commission.
›As of 2001 Census: ~28% of India's population in urban areas.
›The 74th Amendment Act added a new Part IX-A to the Constitution, titled 'The Municipalities', consisting of Articles 243-P to 243-ZG.
›The Act also added the Twelfth Schedule to the Constitution, containing eighteen functional items for municipalities under Article 243-W.
›The 74th Amendment aims to revitalise and strengthen urban governments to function effectively as units of local government.
›The three types of municipalities (Nagar Panchayat, Municipal Council, Municipal Corporation) are to be constituted in every state.
borrowed featuresconstituent assemblyequality political and socialfunctions of constitutionpreamblearticle 368 amendment procedure
Gram Sabha
›Gram Sabha: body of all adult voters registered in the Panchayat area.
›Mandated by the 73rd Amendment (1992/1993) — constitutionally required.
›Its role and functions are decided by State legislation (not uniform across States).
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The Gram Sabha is the foundational democratic body at the village level, created by the 73rd Constitutional Amendment. It comprises all adult members registered as voters in the Panchayat area. Unlike the Gram Panchayat (which is an elected body with a fixed number of members), the Gram Sabha is a general assembly of all eligible voters in the village.
The 73rd Amendment mandated the creation of the Gram Sabha — its existence is constitutionally required. However, the role and functions of the Gram Sabha are decided by State legislation, which means different States may empower their Gram Sabhas differently.
**Significance:**
- The Gram Sabha is the lowest and most direct form of democratic participation — it represents the idea that democracy means decentralisation of power down to ordinary people.
- It is the platform through which common citizens are involved in decision-making concerning their lives, needs, and development.
- It exercises a degree of accountability over the Gram Panchayat.
**Special Role in Scheduled (Adivasi) Areas:**
Under the PESA Act (1996, extending PRI provisions to Scheduled Fifth Schedule Areas), the Gram Sabha has been given significantly more powers. Elected village Panchayats in these areas must get the consent of the Gram Sabha on many matters. This protects traditional community customs — particularly regarding common resources like forests and small water reservoirs — while introducing modern elected bodies. The idea is that local traditions of self-government should be protected even as elections are introduced.
**In Practice:**
The chapter acknowledges that Gram Sabhas do not always meet regularly and their functioning varies significantly across States. The gap between constitutional promise and actual practice is a major issue in the working of local government.
All key facts
›Gram Sabha: body of all adult voters registered in the Panchayat area.
›Mandated by the 73rd Amendment (1992/1993) — constitutionally required.
›Its role and functions are decided by State legislation (not uniform across States).
›Gram Sabha is distinct from Gram Panchayat — Gram Sabha is the full electorate; Gram Panchayat is the elected council.
›In Scheduled (tribal) areas under PESA (1996): Gram Sabha has enhanced powers; Panchayats must get Gram Sabha consent on many matters.
›PESA protects traditional community customs for managing common resources (forests, water reservoirs).
›The 73rd Amendment Act provides for a Gram Sabha as the foundation of the panchayati raj system. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch38-panchayati-raj.md
›It is a village assembly consisting of all the registered voters in the area of a panchayat. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch38-panchayati-raj.md
›The Gram Sabha may exercise such powers and perform such functions at the village level as the legislature of a state determines. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch38-panchayati-raj.md
›The L.M. Singhvi Committee (1986) emphasized the importance of the Gram Sabha and called it the embodiment of direct democracy. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch38-panchayati-raj.md
›**Compulsory Provision** of the 73rd Amendment: Organisation of Gram Sabha in a village or group of villages. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch38-panchayati-raj.md
borrowed featuresconstituent assemblyequality political and socialfunctions of constitutionpreamble73rd amendment panchayati raj
Types of Urban Local Governments
›There are eight types of urban local governments in India: municipal corporation, municipality, notified area committee, town area committee, cantonment board, township, port trust, and special purpose agency.
›Municipal corporations are created for large cities like Delhi, Mumbai, Kolkata, Hyderabad, and Bangalore. They have three authorities: council, standing committees, and commissioner.
›A municipal corporation council is headed by a Mayor, elected for a one-year renewable term, who presides over council meetings and is described as "basically an ornamental figure and a formal head of the corporation."
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Urban local government in India refers to the governance of urban areas by the people through their elected representatives. The jurisdiction of urban local governments is limited to specific urban areas demarcated by state governments.
India has eight types of urban local governments established under different constitutional and legislative frameworks. These vary in their composition, powers, territorial scope, and administrative structure. While municipal corporations and municipalities are the primary elected bodies created under the 74th Constitutional Amendment Act of 1992, other types such as notified area committees, town area committees, cantonment boards, townships, port trusts, and special purpose agencies serve specific administrative or functional roles. Some urban bodies are wholly elected, others are nominated, and some have a mixed composition. The system was constitutionalised through the 74th Constitutional Amendment Act, which gave constitutional status to municipalities and brought them under the justiciable part of the Constitution, making state governments constitutionally obligated to adopt this system.
All key facts
›There are eight types of urban local governments in India: municipal corporation, municipality, notified area committee, town area committee, cantonment board, township, port trust, and special purpose agency.
›Municipal corporations are created for large cities like Delhi, Mumbai, Kolkata, Hyderabad, and Bangalore. They have three authorities: council, standing committees, and commissioner.
›A municipal corporation council is headed by a Mayor, elected for a one-year renewable term, who presides over council meetings and is described as "basically an ornamental figure and a formal head of the corporation."
›The municipal commissioner is the chief executive authority of the corporation and is appointed by the state government, generally from the IAS.
›Municipalities are established for towns and smaller cities and have three authorities: council, standing committees, and chief executive officer.
›Unlike a municipal corporation mayor, the president/chairman of a municipality "plays a significant role and is the pivot of the municipal administration" and enjoys executive powers in addition to presiding over meetings.
›Notified area committees are established by government notification for fast-developing towns or towns not yet fulfilling conditions for municipality status. All members, including the chairman, are nominated by the state government; they are "neither an elected body nor a statutory body."
›Town area committees are semi-municipal authorities entrusted with limited civic functions like drainage, roads, street lighting, and conservancy. They may be wholly elected, wholly nominated, or partly elected and partly nominated.
›Cantonment boards administer municipal services for civilian populations in cantonment areas under the Cantonments Act of 2006, enacted by the Central government. They work under the administrative control of the defence ministry, unlike other urban bodies which are state-administered.
›Municipalities are established for the administration of towns and smaller cities by acts of the concerned state legislatures (in states) and by acts of Parliament (in union territories).
›The 74th Constitutional Amendment Act of 1992 added Part IX-A to the Constitution, consisting of Articles 243-P to 243-ZG, and created the Twelfth Schedule containing eighteen functional items for municipalities.
›Three types of municipalities exist: nagar panchayat (transitional area), municipal council (smaller urban area), and municipal corporation (larger urban area).
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A municipality is a form of urban local government established for the administration of towns and smaller cities in India. Municipalities are created and governed in accordance with the 74th Constitutional Amendment Act of 1992, which came into force on 1 June 1993. This Act granted constitutional status to municipalities and brought them under the justiciable part of the Constitution, placing state governments under constitutional obligation to adopt the new system of municipalities.
The 74th Amendment Act provides for three types of municipalities to be constituted in every state: a nagar panchayat for transitional areas, a municipal council for smaller urban areas, and a municipal corporation for larger urban areas. The governor determines the classification of an area as transitional, smaller urban, or larger urban based on factors including population, population density, revenue generation for local administration, percentage of employment in non-agricultural activities, economic importance, and other relevant factors.
Like municipal corporations, municipalities also have three authorities: the council (the deliberative and legislative wing), standing committees (created to facilitate council functioning), and a chief executive officer responsible for day-to-day general administration. Unlike the mayor of a municipal corporation who is primarily an ornamental figure, the president or chairman of a municipality plays a significant role and is the pivot of municipal administration, enjoying executive powers in addition to presiding over council meetings.
All members of a municipality shall be elected directly by the people through territorial constituencies known as wards. The 74th Amendment provides for reservation of seats for scheduled castes and scheduled tribes in proportion to their population, and requires reservation of not less than one-third of total seats for women. Every municipality has a five-year term of office, though it can be dissolved before completion of its term.
All key facts
›Municipalities are established for the administration of towns and smaller cities by acts of the concerned state legislatures (in states) and by acts of Parliament (in union territories).
›The 74th Constitutional Amendment Act of 1992 added Part IX-A to the Constitution, consisting of Articles 243-P to 243-ZG, and created the Twelfth Schedule containing eighteen functional items for municipalities.
›Three types of municipalities exist: nagar panchayat (transitional area), municipal council (smaller urban area), and municipal corporation (larger urban area).
›All municipality members are elected directly by people through ward-based territorial constituencies.
›The council is the deliberative and legislative wing; standing committees facilitate council functioning; the chief executive officer implements council decisions.
›The president/chairman presides over council meetings and enjoys executive powers, unlike the mayor of a municipal corporation.
›Municipalities have a constitutionally mandated five-year term, though they can be dissolved earlier with reasonable opportunity to be heard.
›The state legislature may provide for representation in a municipality of: persons with special knowledge in municipal administration (without voting rights); members of Lok Sabha and state legislative assembly representing constituencies wholly or partly within the municipal area; members of Rajya Sabha and state legislative council registered as electors; and chairpersons of committees.
›Wards committees must be constituted within municipalities having a population of three lakh or more.
Twelfth Schedule
›The Twelfth Schedule was added to the Constitution by the 74th Constitutional Amendment Act of 1992, which came into force on 1 June 1993.
›The Twelfth Schedule contains **eighteen functional items** placed within the purview of municipalities.
›The schedule deals with **Article 243-W** of the Constitution.
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The Twelfth Schedule is a constitutional schedule added to the Indian Constitution through the 74th Constitutional Amendment Act of 1992. It contains eighteen functional items that define the scope of work and responsibilities of municipalities in India. The schedule deals with Article 243-W of the Constitution, which pertains to the powers, authority and responsibilities of municipalities. By listing these functional items, the Twelfth Schedule establishes the legal and constitutional framework for municipal governance, delineating the areas in which urban local bodies are expected to exercise their powers and provide services to their constituencies.
All key facts
›The Twelfth Schedule was added to the Constitution by the 74th Constitutional Amendment Act of 1992, which came into force on 1 June 1993.
›The Twelfth Schedule contains **eighteen functional items** placed within the purview of municipalities.
›The schedule deals with **Article 243-W** of the Constitution.
›The eighteen functional items are:
›1. Urban planning including town planning
›2. Regulation of land use and construction of buildings
›3. Planning for economic and social development
›4. Roads and bridges
›5. Water supply for domestic, industrial and commercial purposes
›6. Public health, sanitation, conservancy and solid waste management
›7. Fire services
›8. Urban forestry, protection of the environment and promotion of ecological aspects
›9. Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded
›10. Slum improvement and upgradation
›11. Urban poverty alleviation
›12. Provision of urban amenities and facilities such as parks, gardens, playgrounds
›13. Promotion of cultural, educational and aesthetic aspects
›14. Burials and burial grounds, cremations and cremation grounds and electric crematoriums
›15. Cattle ponds, prevention of cruelty to animals
›16. Vital statistics including registration of births and deaths
›17. Public amenities including street lighting, parking lots, bus stops and public conveniences
›18. Regulation of slaughter houses and tanneries
74th Constitutional Amendment ActMunicipalities
73rd Amendment — Panchayati Raj Institutions
›73rd Amendment passed 1992; came into force 24 April 1993.
›Balwant Rai Mehta Committee (1957) recommended 3-tier system ("democratic decentralisation"); Rajasthan first state to establish Panchayati Raj on October 2, 1959, in Nagaur district, followed by Andhra Pradesh in 1959.
›Ashok Mehta Committee (1977–78) recommended 2-tier system (zila parishad + mandal panchayat) with official participation of political parties; made 132 recommendations to revive PRS.
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The 73rd Constitutional Amendment Act was passed by Parliament in 1992 and came into force on 24 April 1993. It gave constitutional status to Panchayati Raj Institutions (PRIs) — rural local governments. Before this, local government was merely a State subject mentioned in the Directive Principles as a non-justiciable advisory directive; Panchayats had no constitutional guarantee.
The 73rd Amendment implemented recommendations from several key committees. The P.K. Thungon Committee (1988) had recommended constitutional recognition for local government bodies and periodic elections. Prior committees—Balwant Rai Mehta (1957), Ashok Mehta (1977–78), G.V.K. Rao (1985), and L.M. Singhvi (1986)—had also advocated for revitalising Panchayati Raj. The Gadgil Committee (1988) recommendations formed the basis for drafting the constitutional amendment bill.
**Three-tier Structure:**
All States now have a uniform three-tier Panchayati Raj structure:
1. **Gram Panchayat** (village level): directly elected representatives.
2. **Mandal / Block / Taluka / Panchayat Samiti** (intermediary level): the intermediary level need not be constituted in smaller States (population not exceeding 20 lakh).
3. **Zilla Parishad** (district level): covering the entire rural area of the District. At higher levels, chairpersons are elected indirectly by and from amongst the elected members.
**Gram Sabha:** The 73rd Amendment mandated the creation of the Gram Sabha — comprising all adult members registered as voters in the Panchayat area. It is described as "the embodiment of direct democracy" and its role and functions are decided by State legislation.
**Elections:** All three levels have directly elected members. Chairpersons at intermediate and district levels are elected indirectly; chairpersons at village level are elected in a manner determined by state legislature. Term is five years. If a State government dissolves a Panchayat before its five-year term, fresh elections must be held within six months (unless the remainder is less than six months). A reconstituted panchayat after premature dissolution continues only for the remainder of the dissolved panchayat's term, not a full five-year period.
**Reservations:**
- One-third of positions reserved for women at all three levels — including positions of Chairpersons (Adhyakshas/Sarpanch) at all levels.
- Reservations for Scheduled Castes and Scheduled Tribes in proportion to their population, at all three levels.
- States may also provide reservations for OBCs (Backward Castes) if they find it necessary.
- Important: Women's reservation applies within reserved SC/ST categories too — so a position may be simultaneously reserved for a woman from SC/ST.
- SC/ST reservations cease after the period specified in Article 334 (presently 70 years, i.e., till 2020).
- Exception: SC reservation does not apply to Arunachal Pradesh (added by 83rd Constitutional Amendment Act of 2000).
**Transfer of Functions:** 29 subjects from the State List (listed in the Eleventh Schedule) are identified to be transferred to PRIs. These include agriculture, land reforms, minor irrigation, animal husbandry, fisheries, social forestry, minor forest produce, small-scale industries, rural housing, drinking water, roads, rural electrification, non-conventional energy sources, poverty alleviation, education, technical/vocational education, adult/non-formal education, libraries, cultural activities, markets/fairs, health/sanitation, family welfare, women/child development, social welfare, welfare of weaker sections, public distribution system, and maintenance of community assets. Actual transfer depends on State legislation — each State decides how many of the 29 subjects to transfer.
**State Election Commissioner:** States must appoint a State Election Commission with a State Election Commissioner (autonomous, like the Election Commissioner of India) to conduct elections to PRIs. The SEC cannot be removed except in the manner and on grounds prescribed for removal of a state High Court judge. The State Election Commissioner is NOT under the control of the Election Commission of India.
**State Finance Commission:** States must appoint a State Finance Commission once every five years to examine the financial position of local governments, review distribution of revenues between State and local governments, recommend measures to improve panchayat finances, and advise on other financial matters referred by the Governor.
**Adivasi Areas:** The 73rd Amendment was not made applicable to tribal areas in many States. In 1996, a separate Act (PESA — Panchayats Extension to Scheduled Areas) extended provisions to these areas, with more powers given to Gram Sabhas and elected Panchayats required to obtain Gram Sabha consent on many matters.
**Numbers (as of text):** Nearly 500 Zilla Panchayats, about 6,000 block/intermediary Panchayats, and 2,50,000 Gram Panchayats in rural India. More than 32 lakh members elected every five years; at least 10 lakh are women.
**Part IX and Constitutional Framework:** The Act added Part IX ("The Panchayats") consisting of Articles 243 to 243-O and the Eleventh Schedule (29 functional items) to the Constitution. It gave practical shape to Article 40 of the Directive Principles of State Policy. The Act distinguishes between compulsory (mandatory) and voluntary (discretionary) provisions; States are constitutionally obliged to adopt compulsory provisions, while voluntary provisions allow consideration of local factors.
**Decentralization and Democratic Debate:** With the 73rd and 74th Constitutional amendments, the base of democratic debate widened and there is greater push towards decentralization. The National Commission to Review the Working of the Constitution (NCRWC) noted that though India's overall record as a working democracy is worthy, the bases of democratic debate have widened with these amendments.
All key facts
›73rd Amendment passed 1992; came into force 24 April 1993.
›Balwant Rai Mehta Committee (1957) recommended 3-tier system ("democratic decentralisation"); Rajasthan first state to establish Panchayati Raj on October 2, 1959, in Nagaur district, followed by Andhra Pradesh in 1959.
›Ashok Mehta Committee (1977–78) recommended 2-tier system (zila parishad + mandal panchayat) with official participation of political parties; made 132 recommendations to revive PRS.
›G.V.K. Rao Committee (1985) critiqued the system as "grass without roots" due to bureaucratisation of development; recommended Zila Parishad as pivotal body.
›L.M. Singhvi Committee (1986) recommended constitutional recognition for PRIs and emphasised Gram Sabha as "embodiment of direct democracy".
›Thungon Committee (1988) recommended constitutional status, 3-tier system with Zila Parishad as pivot, fixed 5-year tenure, and state finance commission.
›Gadgil Committee (1988) recommendations formed the basis for drafting the amendment bill to confer constitutional status on PRIs.
›P.K. Thungon Committee (1989) had recommended constitutional recognition.
›Gram Sabha: all adult voters in the Panchayat area; mandatory creation under 73rd Amendment; foundation of panchayati raj system.
›Elections every 5 years; fresh elections within 6 months of premature dissolution (unless remainder < 6 months); reconstituted panchayat continues only for remainder of dissolved panchayat's term.
borrowed featuresconstituent assemblyequality political and socialfunctions of constitutionpreamblefinance commission
Municipal Corporation
›Municipal corporations are established for administration of big cities like Delhi, Mumbai, Kolkata, Hyderabad, and Bangalore.
›They are created by state legislatures in states and by Parliament in union territories.
›A municipal corporation has three authorities: the council, standing committees, and the municipal commissioner.
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A municipal corporation is the largest and most complex form of urban local government in India, established for the administration of big cities. Municipal corporations are created by acts of state legislatures in states and by acts of Parliament in union territories. They may be governed by a common act applicable to all corporations in a state or by a separate act for each corporation. The 74th Constitutional Amendment Act of 1992 provides the constitutional framework for municipal corporations, placing them within Part IX-A of the Constitution (Articles 243-P to 243-ZG) and bringing them under the justiciable part of the Constitution, thereby imposing constitutional obligations on state governments to adopt the municipal corporation system in accordance with the Act's provisions.
All key facts
›Municipal corporations are established for administration of big cities like Delhi, Mumbai, Kolkata, Hyderabad, and Bangalore.
›They are created by state legislatures in states and by Parliament in union territories.
›A municipal corporation has three authorities: the council, standing committees, and the municipal commissioner.
›The Council is the deliberative and legislative wing, composed of councillors directly elected by the people and nominated persons with expertise in municipal administration.
›The Council is headed by a Mayor assisted by a Deputy Mayor, who is elected for a one-year renewable term in most states and primarily presides over Council meetings.
›Standing committees facilitate Council operations and deal with areas such as public works, education, health, taxation, and finance.
›The municipal commissioner is the chief executive authority of the corporation, appointed by the state government and generally a member of the IAS, responsible for implementing decisions taken by the Council and standing committees.
›The 74th Constitutional Amendment Act of 1992 brought constitutional status to municipal corporations.
›
An exception exists where an industrial township may be specified by the governor in an urban area where municipal services are provided by an industrial establishment, thus not requiring a municipality.
›The Governor specifies an area's classification (transitional, smaller urban, larger urban) based on factors like population, population density, local administration revenue, non-agricultural employment percentage, economic importance, and other relevant factors.
›All members of a municipality are directly elected by the people, with the municipal area divided into wards.
›State legislatures may provide for the manner of election of the chairperson and representation of persons with special knowledge, Lok Sabha/State Legislative Assembly members for relevant constituencies, Rajya Sabha/State Legislative Council members who are electors in the area, and chairpersons of other committees.
›Wards Committees are mandatory for municipalities with a population of three lakh or more.
›The minimum age for a person to be a member of a municipality is 21 years.
›Fresh elections for a dissolved municipality must be completed within six months of dissolution.
›A municipality reconstituted after premature dissolution serves only the remainder of the original five-year term.
›Before dissolution, a municipality must be given a reasonable opportunity of being heard.
›The act establishes District Planning Committees (DPCs) at the district level to consolidate plans from panchayats and municipalities and prepare a draft development plan for the district.
›Four-fifths of the members of a DPC are to be elected by elected members of district panchayats and municipalities, in proportion to the rural and urban populations.
›The act establishes Metropolitan Planning Committees (MPCs) for metropolitan areas (population of 10 lakh or more) to prepare a draft development plan.
›Two-thirds of the members of an MPC are to be elected by elected members of municipalities and chairpersons of panchayats in the metropolitan area, in proportion to the population ratio of municipalities and panchayats.
›The 74th Amendment Act came into force on June 1, 1993.
›The Twelfth Schedule includes functional items such as urban planning, land use regulation, construction of buildings, planning for economic and social development, roads and bridges, water supply, public health, fire services, urban forestry, safeguarding weaker sections, slum improvement, urban poverty alleviation, provision of urban amenities, promotion of cultural aspects, burials, cattle pounds, vital statistics, and public amenities.
›The Act does not apply to scheduled areas and tribal areas in the states.
›The Act shall not affect the functions and powers of the Darjeeling Gorkha Hill Council of West Bengal.
›Eight types of urban local governments exist in India: municipal corporation, municipality, notified area committee, town area committee, cantonment board, township, port trust, and special purpose agency.
›At the Central level, urban local government is dealt with by: Ministry of Housing and Urban Affairs, Ministry of Defence (for cantonment boards), and Ministry of Home Affairs (for Union Territories).
›State legislatures may endow municipalities with powers and authority necessary to function as institutions of self-government, including devolution of powers for preparation and implementation of plans for economic development and social justice.
›State legislatures may authorise municipalities to levy, collect and appropriate taxes, duties, tolls and fees; assign taxes levied by state government; provide grants-in-aid; and establish funds for municipal moneys.
›The state legislature may make provisions for the maintenance of accounts by municipalities and the auditing of such accounts.
›Reservation of seats for SC/ST in municipalities shall be in proportion to their population in the municipal area.
›Not less than one-third of total seats in municipalities shall be reserved for women, including seats reserved for women belonging to SC/ST.
›State legislature may provide for reservation of offices of chairpersons in municipalities for SCs, STs, women, and backward classes.
›Reservation of seats and offices for SC/ST in municipalities shall cease to have effect after the period specified in Article 334 (seventy years, until 2020).
›A person shall be disqualified for being chosen as or for being a member of a municipality if disqualified under any law for elections to state legislature or under any state law.
›No person shall be disqualified on ground of age less than 25 years if he
›**Voluntary Provision** of the 73rd Amendment: Endowing the Gram Sabha with powers and functions at the village level. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch38-panchayati-raj.md
›Under PESA Act, every village shall have a Gram Sabha consisting of persons whose names are included in the electoral rolls for the Panchayat at the village level. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch38-panchayati-raj.md
›Every Gram Sabha under PESA shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch38-panchayati-raj.md
›Under PESA, every Gram Sabha shall approve plans, programmes and projects for socio-economic development before their implementation by the Panchayat at the village level. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch38-panchayati-raj.md
›Under PESA, every Gram Sabha is responsible for the identification of beneficiaries under poverty alleviation and other programmes. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch38-panchayati-raj.md
›Under PESA, the Panchayat at the village level must obtain from the Gram Sabha a certification of utilisation of funds for these plans, programmes, and projects. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch38-panchayati-raj.md
›Under PESA, the recommendations of the Gram Sabha are mandatory for grant of prospecting licence or mining lease for minor minerals in Scheduled Areas. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch38-panchayati-raj.md
›Under PESA, the prior recommendation of the Gram Sabha is mandatory for grant of concession for the exploitation of minor minerals by auction. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch38-panchayati-raj.md
›Under PESA, a State Legislature shall ensure that Gram Sabhas are endowed specifically with power to enforce prohibition, ownership of minor forest produce, power to prevent alienation of land, manage village markets, control money lending, and control local plans and resources. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch38-panchayati-raj.md
›The act provides for a Gram Sabha as the foundation of the panchayati raj system. It is a body consisting of persons registered in the electoral rolls of a village comprised within the area of Panchayat at the village level. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch38-panchayati-raj.md
›Gram Sabha is constituted as per Part IX of the Constitution relating to the Panchayats. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch38-panchayati-raj.md
›The Eleventh Schedule of the Constitution lists 29 functional items placed within the purview of panchayats, which relate to matters on which Gram Sabha may exercise functions through the panchayat. — M. Laxmikanth — Indian Polity (6th Edition, 2019), ch38-panchayati-raj.md
›There are 62 cantonment boards in the country, classified into four categories based on civil population: above 50,000; 10,000 to 50,000; 2,500 to 10,000; and below 2,500.
›A cantonment board consists of partly elected and partly nominated members. The military officer commanding the station is the ex-officio president and presides over meetings.
›Townships are established by large public enterprises to provide civic amenities to staff and workers in housing colonies near plants. They have no elected members and are "an extension of the bureaucratic structure of the enterprises."
›Port trusts are established in port areas for two purposes: to manage and protect ports and to provide civic amenities. They are created by an Act of Parliament and consist of both elected and nominated members.
›Special purpose agencies are function-based rather than area-based. Examples include town improvement trusts, urban development authorities, water supply and sewerage boards, housing boards, pollution control boards, electricity supply boards, and city transport boards.
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Reservation of not less than one-third of total seats is mandatory for women, including reserved seats for SC/ST women; state legislatures may also provide for backward class reservation.
›The state legislature may authorize municipalities to levy and collect taxes, duties, tolls and fees; assign to them taxes collected by state government; provide grants-in-aid; and constitute funds for municipal moneys.
›Every five years, the finance commission reviews the financial position of municipalities and makes recommendations regarding tax distribution, financial assignment, grants-in-aid, and measures to improve municipal finances.
›The state election commission has superintendence, direction and control of electoral rolls preparation and conduct of all municipal elections.
›The Twelfth Schedule lists 18 functional items including urban planning, roads and bridges, water supply, public health, sanitation, fire services, urban forestry, slum improvement, vital statistics, and regulation of slaughter houses and tanneries.
›The 74th Amendment Act does not apply to scheduled areas and tribal areas in the states, though Parliament may extend its provisions subject to exceptions and modifications.
›Municipalities are known by various names across states such as municipal council, municipal committee, municipal board, borough municipality, and city municipality.
›One-third positions (including Chairpersons) reserved for women.
›SC/ST reservations in proportion to population; OBC reservations optional for States.
›Chairpersons of panchayats at intermediate and district levels elected indirectly by and from elected members; village panchayat chairperson elected in manner determined by state legislature.
›Minimum age for panchayat membership: 21 years (not 25, which is for state legislatures).
›29 subjects (Eleventh Schedule) to be transferred to PRIs — but actual transfer is State-dependent.
›State Election Commission (SEC): autonomous; not under Election Commission of India; same removal procedure as HC judges.
›State Finance Commission: constituted every 5 years; reviews financial position; recommends principles for revenue distribution, devolution of taxes, grants-in-aid, and measures to improve PRI finances.
›Central Finance Commission also recommends measures to augment state consolidated fund to supplement panchayat resources.
›PESA 1996 (Panchayats Extension to Scheduled Areas Act): extends PRI provisions to Fifth Schedule (tribal) areas with modifications; Gram Sabha has enhanced powers.
›Rural local bodies collect only 0.24% of total revenues but account for 4% of government expenditure.
›Part IX added to Constitution (Articles 243 to 243-O); Eleventh Schedule added (29 subjects).
›Disqualification grounds: same as for state legislature + specific state laws; person aged 21+ not disqualified for being under 25.
›State legislature may endow Panchayats with powers to prepare plans for economic development and social justice; implement schemes; manage 29 Eleventh Schedule functions.
›State legislature may authorise panchayats to levy, collect and appropriate taxes, duties, tolls and fees; assign taxes to panchayats; provide grants-in-aid; constitute funds for panchayat moneys.
›Provisions NOT applicable to: Nagaland, Meghalaya, Mizoram, tribal areas in Schedule V and VI states, hill areas of Manipur with district councils, and Darjeeling district with Gorkha Hill Council.
›Provisions apply to Union Territories subject to presidential directives.
›All state laws relating to panchayats continued in force for one year from 24 April 1993 for states to adopt new system.
›Courts barred from interfering in electoral matters of panchayats; validity of delimitation/seat allotment cannot be questioned in court; election petitions only means of challenge.
›The Eleventh Schedule lists 29 functional items for panchayats, including agriculture, land reforms, minor irrigation, animal husbandry, fisheries, social forestry, minor forest produce, small-scale industries, rural housing, drinking water, roads, rural electrification, non-conventional energy sources, poverty alleviation, education, technical/vocational education, adult/non-formal education, libraries, cultural activities, markets/fairs, health/sanitation, family welfare, women/child development, social welfare, welfare of weaker sections, public distribution system, and maintenance of community assets.
›PESA Act (1996) aims to provide self-rule for tribal populations and make Gram Sabha nucleus of all activities in Scheduled Areas; at present (2019), ten states have Fifth Schedule Areas: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.
›PESA Act ensures state legislation on Panchayats in Scheduled Areas consonant with customary law, social/religious practices, and traditional management of community resources.
›In Scheduled Areas, Gram Sabha approval required for development plans and identification of beneficiaries; Gram Sabha may certify utilisation of funds.
›Under PESA, reservation for Scheduled Tribes in Panchayats in Scheduled Areas shall not be less than one-half of total seats; all Chairperson seats reserved for STs.
›State governments may nominate unrepresented Scheduled Tribes to intermediate or district panchayats, not exceeding one-tenth of elected members.
›Gram Sabha or Panchayats must be consulted for land acquisition and resettlement in Scheduled Areas; recommendations mandatory for prospecting/mining licenses and mineral exploitation concessions.
›Panchayats and Gram Sabhas in Scheduled Areas endowed with powers to enforce prohibition, ownership of minor forest produce, prevent land alienation, manage village markets, control money lending, control institutions in so