Why in News
The Supreme Court judgment on the Chandigarh mayoral election gives us a good occasion to think more broadly about elections to municipalities.
Elections to the Lok Sabha and State Assemblies are impressive democratic exercises in terms of timeliness of elections.
The manner in which they are convened, and the clockwork nature in which power is transferred from one government to another.
But elections to “first-mile” governments, i.e., panchayats and municipalities, is another matter altogether.
The Court has only intervened to right one wrong in one city.
A lot more remains to be done to strengthen first-mile governments in India.
74th Constitution Amendment Act
The 74th Constitution Amendment Act, also known as the 74th CAA, is a landmark piece of legislation in India that empowers urban local bodies (ULBs).
Here's a breakdown of its key features:
Background and Purpose:
Passed in 1992 and came into effect in 1993.
Introduced a new Part IXA into the Indian Constitution specifically dealing with Municipalities.
Aimed to decentralize power and grant greater autonomy to ULBs.
Empowering Urban Local Bodies:
Provided constitutional status to ULBs, making them more accountable and independent.
Mandated states to devolve powers and responsibilities to ULBs for effective functioning.
Articles 243W to 243ZG of the Constitution deal with various aspects of ULBs empowered by the 74th CAA.
Key Provisions:
Reservation of seats in ULBs for Scheduled Castes (SC), Scheduled Tribes (ST), and women.
Establishment of State Election Commissions for conducting ULB elections.
Defined functions of ULBs in areas like planning for economic development and social justice, providing basic services (water, sanitation, etc.), and managing civic amenities.
Strengthened financial resources for ULBs through taxes, grants, and sharing of state revenue.
Article 243U of the 74th CAA
Article 243U of the 74th CAA deals with the duration of municipalities in India.
Here's a breakdown of its key points:
Guaranteed Term:
Every municipality is guaranteed a five-year term from the date of its first meeting, unless dissolved earlier under specific circumstances.
Exceptions for Early Dissolution:
A municipality can be dissolved before the five years are complete, but only under a law already in force.
Even in such cases, the municipality has the right to be heard before the dissolution takes place.
Protection from Arbitrary Dissolution:
Clause (2) of Article 243U provides an important safeguard.
It ensures that changes in state laws cannot be used to arbitrarily dissolve a functioning municipality before its five-year term ends.
Overall Significance:
Article 243U promotes stability and continuity in the functioning of municipalities.
It protects them from being dissolved on short notice due to political or administrative reasons.
This five-year term allows municipalities to plan and implement long-term projects for urban development.
Part IX and Part IXA of the Constitution
Part IX and Part IXA of the Indian Constitution deal with local self-governance.
Part IX - Panchayats (Rural Local Governance)
Introduced in the original constitution but later omitted.
Focused on establishing Panchayats, which are elected village councils, at the village, intermediate, and district levels.
Devolved power to these Panchayats for functions like planning for economic development and social justice in rural areas, providing basic amenities (water, sanitation), and managing local resources.
Part IXA - Municipalities (Urban Local Governance)
Introduced by the Constitution (Seventy-fourth Amendment) Act, 1992, alongside the revival of Part IX.
Deals specifically with Municipalities, the elected bodies governing urban areas.
Similar to Part IX, it empowers municipalities by granting them:
Constitutional status, making them more accountable and independent.
Defined functions in areas like urban planning, infrastructure development, and service delivery.
Financial resources through taxes, grants, and state revenue sharing.
Articles 243Q to 243ZG of the Constitution specifically address various aspects of municipalities empowered by the 74th CAA.
State Election Commissions (SECs)
State Election Commissions are autonomous constitutional bodies established in each Indian state and union territory.
Their primary function is to oversee and conduct elections for urban and rural local bodies in a free, fair, and unbiased manner.
Here's a breakdown of key aspects of SECs:
Origin and Mandate:
Established by the 73rd and 74th amendments to the Indian Constitution in 1992.
Articles 243K and 243 ZA of the Constitution empower SECs.
Composition:
Each SEC consists of a State Election Commissioner, who is appointed by the Governor of the state for a five-year term.
The Commissioner is an independent person, not holding any position in the central or state government.
Responsibilities:
Preparation of electoral rolls for local body elections.
Delimitation of constituencies for local bodies, which involves defining boundaries of electoral wards.
Conducting elections for Panchayats (village councils) and Municipalities (urban local bodies).
Issuing notifications related to elections, including nomination schedules, polling dates, and results.
Redressal of electoral grievances and ensuring fair play during elections.
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