Question

critically describe the 74th constitutional amendment act 1992

Answer 1

This article provides highlights of the 74th Amendment Act 1992 in India.

Introduction:

The constitution 74th Amendment Act 1992, relating to Municipalities (Urban local Government) was passed by the parliament in 1992.

It received the assent of the president of India on 20th April 1993. The Act seeks to provide a common framework for the structure and mandate of urban local bodies to enable them to function as effective democratic units of local Self Government.

Government of India notified 1st June 1993 as the date from which the 74th Amendment Act came into force. The Act provided for a period of one year from the date of its commencement, within which the then existing municipal laws (which were in force at that time In states/union territories) were required to be changed/amended/modified in order to bring them in conformity with the provisions of the constitution (74th Amendment) Act—1992.

The Salient Features of the Constitution (74th Amendment) Act, 1992:

(a) Constitution of Municipalities.

(b) Composition of Municipalities.

(c) Constitution of wards committees.

ADVERTISEMENTS:

(d) Reservation of seats.

(e) Fixed duration of Municipalities.

(f) Power, Authority and responsibilities of Municipalities.

(g) Appointment of State Election Commission.

(h) Appointment of State Finance Commission.

(i) Constitution of Metropolitan and District Planning Committees.

Action has been taken by the State/Union Territory Governments to set up State Finance Commission/State Election Commissions. All states set up their Finance Commissions. Most of the State Finance Commissions submitted their report to the concerned State Government.

The concerned states accepted nearly all the recommendations made by their respective finance commissions. All State Governments/Union Territories set up their Election Commissions for conducting elections to urban Local Bodies.



Having regard to these inadequacies, it is considered necessary that provisions relating to urban local bodies are incorporated in the constitution particularly for:

(i) Putting on a firmer footing the relationship between the state Government and the Urban Local Bodies with respect to:

(a) The function and taxation powers.

(b) Arrangements for revenue sharing.

(c) Ensuring regular conduct of elections.

(d) Ensuring timely elections in the case of supersession.

(e) Providing adequate representation for the weaker sections like scheduled castes, Scheduled Tribes and women.

By 74th Amendment Act 1992, Part IX A was Inserted in the constitution. After defining the municipal area and the municipality, The Amendment Act lays down rules regarding the organisation powers, functions and finances of the institutions of Urban Local Government.

These can be described as follows:

1. Constitution of Municipalities:

1. There shall be constituted in every state:

(a) A Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area.

(b) A municipal council for a smaller urban area.

(c) A municipal corporation for a larger urban area in accordance with the provisions of this part.

2. Composition of Municipalities:

(i) As provided in clause (2) all the seats in a municipality shall be filled by persons chosen by direct election from the territorial constituencies in the municipal areas and for this purpose each municipal area shall be divided into territorial constituencies to be known as wards.

(ii) The Legislature of a state may, by law provide

(a) For the representation in a Municipality of:

(A) Persons having special knowledge or experience in municipal administration.

(B) The members of the Home of people and the members of the Legislative Assembly of the state representing constituencies which comprise wholly or partly the municipal area:

(C) The members of the council of states and the members of the Legislative Council of the state registered as electors within the municipal area.

(D) The chairpersons of the committees constituted under clause (5) of Article 243S: provided that the persons referred to in paragraph (A) shall not have the right to vote in the meetings of the municipality.

(b) The manner of election of the chairperson of a municipality.





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