Site Name

7th State Finance Commission

Vitt Bhawan, Gardanibagh, Patna

Key Features of the 74th Constitutional Amendment Act, 1992

🏛 This Act granted constitutional status to municipalities and brought them under a well-defined legal framework.

📜 Part IX-A was added to the Constitution, covering Articles 243P to 243ZG.

📋 A 12th Schedule was introduced listing 18 functional items for municipalities.

Municipality Structure

  • 🏛 Article 243Q: Establishes Nagar Panchayat, Municipal Council, and Municipal Corporation.
  • 🗳 Article 243R: Provides that all seats in a municipality shall be filled by direct election from wards.

Ward Committees

👥 Article 243S: Provides for the constitution of Ward Committees in municipalities.

Reservation of Seats

  • Article 243T: Seats for SCs/STs are reserved in proportion to their population.
  • One-third of the total seats are reserved for women.
  • 🌍 The state legislature can also provide reservation for backward classes.

Tenure

  • Article 243U: The term of every municipality is five years.
  • 🔄 If dissolved before the end of term, elections must be held to constitute a new body for the remaining term.

Disqualification

  • 🚫 Article 243V: A person is disqualified if:
  • 📜 Declared so under any state law applicable to legislative assembly elections.
  • Declared ineligible under state law for municipal elections.
  • 🎂 However, no person can be disqualified for age if they are 21 years or older.

Powers, Functions, and Financial Provisions

  • 🏙 Article 243W: Empowers municipalities in urban planning, social and economic development, etc.
  • 💰 Article 243X: State legislature can make laws about taxation powers of municipalities.
  • 📊 Article 243Y: Establishes State Finance Commissions to recommend distribution of finances.
  • 🗳 Article 243ZA: Establishes a State Election Commission (independent of the Election Commission of India) for municipal elections every five years.

Exclusion of Certain Areas

🚫 Article 243ZC: Part IX-A does not apply to Scheduled Areas as per Article 244, including Assam, Meghalaya, Tripura, Mizoram, and areas under the Darjeeling Gorkha Hill Council.

Metropolitan Planning

🏬 Article 243ZE: Each metropolitan area (population over 1 million across one or more districts) must have a Metropolitan Planning Committee to prepare a draft development plan.

Judicial Non-Interference in Elections

  • Like the Panchayat system, municipal elections are protected from judicial interference.
  • 📜 Election petitions must be filed with the appropriate authority as prescribed by the state law.

Empowering urban local governance through the 74th Constitutional Amendment Act, 1992.