Write the part of the Constitution and new Schedule that were added for urban local self-bodies.

Points to Remember:

The 74th Constitutional Amendment Act, 1992.
Addition of Part IX and Eleventh Schedule to the Constitution.
Provisions related to urban local bodies.

Introduction:

The Indian Constitution, originally drafted in 1950, did not explicitly address the structure and functioning of urban local self-governments (ULBs) in detail. This lacuna was addressed through the 74th Constitutional Amendment Act of 1992, which aimed to empower and strengthen ULBs across the country. This amendment added a new Part IX (“The Municipalities”) and the Eleventh Schedule to the Constitution, specifically outlining the powers, responsibilities, and functions of these bodies. The amendment sought to ensure democratic decentralization and citizen participation in urban governance.

Body:

Part IX: The Municipalities:

This part of the Constitution, added by the 74th Amendment, deals exclusively with municipalities. Key features include:

Constitutional Status: It grants constitutional status to municipalities, ensuring their existence and functioning are protected by the Constitution. This is a significant departure from their previous status, which was largely dependent on state legislation.
Composition: It mandates the composition of municipalities, including provisions for direct elections of councilors and the establishment of a mayor or chairperson. It also addresses the reservation of seats for Scheduled Castes and Scheduled Tribes, and women.
Powers and Responsibilities: Part IX empowers municipalities to prepare and implement plans for economic development and social justice within their jurisdiction. It outlines their authority in areas such as urban planning, public health, sanitation, education, and infrastructure development.
Finance: The amendment addresses the financial autonomy of municipalities, providing for the devolution of funds from the state government and enabling them to raise their own resources through taxes and fees.
State Election Commission: It mandates the establishment of a State Election Commission to conduct elections to municipalities in a free and fair manner.

Eleventh Schedule:

This schedule lists 18 functional items that are to be entrusted to municipalities. These items represent the core responsibilities of ULBs and provide a framework for their functioning. Some key items include:

Urban planning including town planning.
Regulation of land use and construction of buildings.
Planning for economic and social development.
Public health, sanitation, conservancy and solid waste management.
Water supply for drinking, washing, bathing and other purposes.
Public parks and playgrounds.
Social justice and empowerment of women.
Protection of environment and safeguarding of public health.

Conclusion:

The 74th Constitutional Amendment Act of 1992, by adding Part IX and the Eleventh Schedule, significantly strengthened the position of urban local self-governments in India. It provided a constitutional framework for their functioning, empowering them to play a crucial role in urban development and governance. While the implementation has faced challenges, including financial constraints and bureaucratic hurdles, the amendment remains a landmark achievement in promoting democratic decentralization and participatory governance at the local level. Moving forward, a focus on capacity building of ULBs, ensuring adequate financial resources, and strengthening accountability mechanisms is crucial to realizing the full potential of this constitutional provision and achieving sustainable and inclusive urban development. This will ultimately contribute to the holistic development of urban areas and uphold the constitutional values of justice, liberty, equality, and fraternity.

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