Municipalities

by Yuvi - March 30, 2021

The Municipalities

Institutions of self- government in urban areas are called by a general term Municipalities.

They are of three types:

(a) Nagar Panchayat, for a transitional area, i.e., an area which is being transformed from a rural areas to an urban area
(b) Municipal Council for a smaller urban area
(c) Municipal Corporation for a larger urban area

Composition of Municipalities

The members of a municipality would generally be elected by direct election. The Legislature of a State may by law provide for representation in a municipality of:

(1) Persons having special knowledge or experience in municipal administration
(2) Members of Lok Sabha, State Assembly, Rajya Sabha and Legislative Council, and
(3) The Chairpersons of Committees. Seats are too reserved for the Scheduled Castes and Scheduled Tribes as well as for woman.

For one or more wards comprised within the territorial area of a municipality having a population of three lacs or more it would be obligatory to constitute Ward Committees.

Duration of Municipalities

Every municipality shall continue for five years from the date of its first meeting. But it may be dissolved earlier according to law.

Qualifications for membership

All persons who are qualified to be chosen to the State Legislature shall be qualified for being a member of the municipality. There is an important difference. Persons who have attained the age of 21 years will be eligible to be a member while for election to the state legislature a person must have attained the age of 25 years.
Powers and responsibilities of Municipalities – Legislatures of States have been conferred the power to confer on the Municipalities all such powers and authority as may be necessary to enable them to function as institutions of self-government. It has been specially been mentioned that they may be given the responsibility of:

(a) Preparation of plans for economic development and social justice,
(b) Implementation of schemes as may be entrusted to them, and
(c) In regard to matters listed in the 12th Schedule. This schedule contains 18 items, e.g., urban planning, regulation of land use, roads and bridges, public health etc. A State Legislature may by law authorize a Municipality to levy, collect and appropriate taxes, duties, tolls etc.

The State election commission shall have the power to conduct elections to Municipalities. Any doubts with respect to elections will be examined by any authority as prescribed by the state legislature. The courts will have no jurisdiction in this matter.

Apart from giving constitutional reorganization to Municipalities the 74th Amendment lays down that in every state two committees shall be constituted.

(1) At the district level a District Planning Committee
(2) In every metropolitan area a Metropolitan Planning Committee