Você está na página 1de 24

www.iasexamportal.

com

IASEXAMPORTAL .COM

www.iasexamportal.com

74th Constitution Amendment Act provided for the


creation of Municipalities in urban areas.

Municipal bodies are the local self governing bodies


consisting of political and administrative wings.
The political wing is an elected body of councilors
headed by a Mayor/President (Chairperson).
The Commissioner from the IAS cadre heads the
administrative wing.

The Commissioner implements the decisions taken by


the elective body.

IASEXAMPORTAL .COM

www.iasexamportal.com

Municipality is a generic name for any organized local


government, usually in an urban area- town, city etc. The
structure and composition of the municipalities vary
widely. The 74th CAA sought to bring some uniformity in
the constitution of the municipal bodies by classifying
them as follows:
Nagar Panchayat, to be constituted in rural-urban
transition areas. These have been conceived to
properly channelize the growth impulses in such
settlements and also to bring order in their growth
and provision of services;

Municipal Councils for smaller urban areas;


Municipal Corporations for larger urban areas.

IASEXAMPORTAL .COM

www.iasexamportal.com

the Municipal Corporation as an institution, enjoys a


greater measure of autonomy than other forms of local
government. It enjoys the power of dealing directly with
the state government whereas the municipalities have no
direct access to the state government and are answerable
to the District Collector and Divisional Commissioner.
Municipalities and Corporations have deliberative and
executive wings. In general, deliberative wings of
Municipal Corporations comprise the Corporation Council
the Standing Committee and the Mayor, whereas the
executive wings comprise the Municipal Commissioner,
the Deputy/Assistant Municipal Commissioner, the
Municipal Engineer and subordinate administrative staff.

IASEXAMPORTAL .COM

www.iasexamportal.com

This is the General Body of the Municipal Corporation,


comprising of elected members (councilors). Councilors
are elected for a term varying between three and five
years. The new Constitutional Amendment Act provides
that every Municipal Corporation and every Municipal
Council shall have the following two categories of
councilors:

Directly elected councilors;


Nominated councilors.

IASEXAMPORTAL .COM

www.iasexamportal.com

The number of elected councilors is to vary according to


the size of the population of the territorial area of the
Municipal Corporation or the Municipal Council
concerned Nominated councilors are to be nominated
by
the
elected
councilors
of
the
Municipal
Corporations/Councils concerned. The nominated
councilors shall be persons having special knowledge or
experience in municipal administration.

IASEXAMPORTAL .COM

www.iasexamportal.com

The Mayor in the Municipal Corporation is either directly


elected or is a representative elected by the councilors
from amongst themselves for a term of One year, which
is renewable.
The Mayor exercises administrative control over the
secretariat of the corporation.

The Mayor in India has no executive authority.


The indirect election of the Mayor combined with his
short term makes him more a figurehead than an act we
functionary.

IASEXAMPORTAL .COM

www.iasexamportal.com

The Municipal Commissioner is the chief Executive


Officer and head of the executive wing of the Municipal
Corporation. All executive powers are vested in the
Municipal Commissioner.
The Commissioner is appointed for a fixed term that is
mentioned in the respective states statutes.

The Commissioners powers are classified into two broad


categories: those listed II the statute creating the
corporation and those delegated by the Corporation or
the Standing Committee.

IASEXAMPORTAL .COM

www.iasexamportal.com

The municipal acts of the states govern the Municipal


Councils.

The State Government can, by notification, propose an


area, except a military cantonment to be a municipality,
define its territorial limits and make alterations in them.
The Municipal Council, President the Committees and the
Executive/Chief Officer constitute the main components
of the structure of municipal government.
The Municipal Council makes laws that are called by-laws
within the framework of the municipal act for the civic
governance of the city or town.

IASEXAMPORTAL .COM

www.iasexamportal.com

A Nagar Panchayat is one form of urban body in India

An urban centre with more than 30,000 and less than


100,000 inhabitants is usually classified as a Nagar
Panchayat.

IASEXAMPORTAL .COM

www.iasexamportal.com

243P gives definitions. Metropolitan area means an area


having a population of ten lakhs or more, comprised in
one or more districts and consisting of two or more
Municipalities or Panchayats or other contiguous areas,
specified by the Governor.
Municipal area means the territorial
Municipally as is notified by the Governor.

area

of

Municipality means an institution of self-government


constituted under article
Population means the population as ascertained at the
last preceding census of which the relevant figures have
been published.

IASEXAMPORTAL .COM

www.iasexamportal.com

The legislature of a State may, by law, provide for the


representation in a Municipality of-

persons

having special knowledge or experience in


Municipal administration;

the

members of the House of the People and the


members of the Legislative Assembly of the State
representing constituencies which comprise wholly or
partly the Municipal area:

the members of the Council of States and the members


of the Legislative Council of the State registered as
electors within the Municipal area;

the Chairpersons of the Ward Committees

IASEXAMPORTAL .COM

www.iasexamportal.com

243V relates to disqualifications for membership.

if he is so disqualified by or under any law for the time


being in force for the purposes of elections to the
Legislature of the State concerned: Provided that no
person shall be disqualified on the ground that he is
less than twenty-five years of age, if he has attained
the age of twenty-one years;

if he is so disqualified by or under any law made by the


Legislature of the State:

IASEXAMPORTAL .COM

www.iasexamportal.com

If any question arises as to whether a member of a


Municipality has become subject to any of the
disqualifications, the question shall be referred for the
decision of such authority and in such manner as the
Legislature of a Sate may, by law, provide.
243W deals with powers, authority and responsibilities of
Municipalities.

IASEXAMPORTAL .COM

www.iasexamportal.com

The constitution of District Planning Committees (DPCs)


is mandatory under article 243ZD of the Constitution and
is a common item for both Panchayats and Municipalities.

The District Planning Committees are to take up


integrated planning for urban and rural areas in the
district.
The draft development plan to he prepared by District
Planning Committees has to address critical matters of
common interest such as sharing of water and natural
resources etc.

IASEXAMPORTAL .COM

www.iasexamportal.com

article 243ZE in the Constitution provides for the setting


up of Metropolitan Planning Committee.
The Metropolitan Planning Committee is expected to be a
high level, democratically set up body, which will bring a
constitutional
mandate
to
the
whole
exercise
metropolitan development planning.

In the composition for Metropolitan Planning Committee


it is envisaged that two-third of its members are to be
chosen from amongst the elected representatives of
urban and rural local bodies in the metropolitan areas.

IASEXAMPORTAL .COM

www.iasexamportal.com

The others are to be nominated from central government


agencies and various state government agencies, other
organizations and institutions responsible for various
services in the metropolitan areas.

IASEXAMPORTAL .COM

www.iasexamportal.com

A significant and revolutionary development in the last


few years is with regard to peoples awareness of their
rights as citizens. This is best exemplified in the
provision of the right to recall elected representatives,
which has been, granted to the people in Madhya Pradesh
and Tamil Nadu.
Under this law the people of a ward have the right to
recall their elected representative through a referendum
In Madhya Pradesh, this power has already been
exercised in a few Municipalities.

IASEXAMPORTAL .COM

www.iasexamportal.com

Article 243V of the Constitution provides that the criteria


for disqualification for being chosen or for being a
member of a Municipality shall be the same as in the case
of Vidhan Sabha election.

A state government can stipulate other qualification also.


All the States have made provisions in their respective
Acts.
Most States specify 21 years as the minimum age, name
in the electoral rolls etc.

IASEXAMPORTAL .COM

www.iasexamportal.com

The Constitution makes elections to the Municipalities


mandatory every five year. All the state have held
elections to the local bodies.
There are no Municipalities in the Union Territories of
Dadra & Nagar Haveli and Lakshadweep.

IASEXAMPORTAL .COM

www.iasexamportal.com

The responsibility of reservation of Wards for municipal


election vests in the State Government in Madhya
Pradesh, Rajasthan, Andhra Pradesh, Uttar Pradesh, Tamil
Nadu, Karnataka, Haryana and Punjab the State Election
Commission has no role to play in it.
In Maharashtra, Gujarat, Kerala & West Bengal the State
Election Commission is responsible for reservation.

IASEXAMPORTAL .COM

www.iasexamportal.com

Articles
243K
and
243ZA
stipulate
that
the
superintendence, direction and control for the
preparation of electoral rolls and the conduct of all
elections to the Panchayats shall be vested in a State
Election Commission consisting of a State Election
Commissioner (SEC) to be appointed by the Governor.

IASEXAMPORTAL .COM

www.iasexamportal.com

The Constitution has made it mandatory for every state


to constitute a State Finance Commission (SFC). The SFC
is to review the financial position of the Municipalities
and make recommendations regarding distribution of
taxes between the States and the Municipalities.
It is also expected to look into the criteria for grants inaid and suggest measures needed to improve the
financial position of the Municipalities.

IASEXAMPORTAL .COM

www.iasexamportal.com

Online Coaching for IAS Exams


http://iasexamportal.com/civilservices/courses/

Books for IAS Exams


http://iasexamportal.com/civilservices/books

Contact Us at:
http://iasexamportal.com/civilservices/contact-us

IASEXAMPORTAL .COM

Você também pode gostar