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.