“Owing to the 74th Constitutional Amendment Act, 1992, municipalities arefunctioning as effective institutions of local self-governance at the grassrootslevel”. Examine.IGNOU

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QUESTION:“Owing to the 74th Constitutional Amendment Act, 1992, municipalities are
functioning as effective institutions of local self-governance at the grassroots
level”. Examine.

ANSWER:The 74th Constitutional Amendment Act, 1992, also known as the Nagarpalika Act, was a significant step towards strengthening local self-governance in urban areas in India. This amendment introduced Part IXA to the Constitution, which deals with municipalities and their functioning. Let’s examine its impact on the effectiveness of municipalities as institutions of local self-governance at the grassroots level.

Key Provisions of the 74th Constitutional Amendment Act

1. Constitutional Status: The amendment provided constitutional status to urban local bodies (ULBs), ensuring their recognition and legitimacy.
2. Three Types of Municipalities: It established three types of municipalities based on population size: Nagar Panchayat for smaller urban areas, Municipal Council for medium-sized urban areas, and Municipal Corporation for larger urban areas.
3. Direct Elections: Members of municipalities are to be directly elected by the people of the municipal area, promoting democratic participation.
4. Ward Committees: For municipalities with a population of 3 lakhs or more, ward committees are to be constituted to ensure better representation and governance at the grassroots level.
5. Reservation of Seats: Seats are reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population in the municipal area.
6. Devolution of Powers: The State Legislatures are empowered to devolve powers and responsibilities to the municipalities, enabling them to function as effective local self-governance institutions.

Impact on the Functioning of Municipalities

1. Enhanced Democratic Participation: The direct election of municipal members has increased democratic participation and accountability. Citizens have a greater say in the governance of their local areas, leading to more responsive and representative local governance.
2. Improved Service Delivery: With the devolution of powers and responsibilities, municipalities have been able to provide better services such as water supply, sanitation, waste management, and public health. This has led to improved living conditions in urban areas.
3. Capacity Building: The constitutional status and structured framework provided by the amendment have helped in building the capacity of municipalities. Training programs and capacity-building initiatives have been implemented to enhance the skills and knowledge of municipal officials and elected representatives.
4. Financial Autonomy: Municipalities have been given the authority to levy taxes and collect revenues, providing them with financial autonomy to manage their resources effectively. This has reduced their dependence on state governments for funds and allowed for more efficient financial management.
5. Challenges and Limitations: Despite the positive impacts, there are challenges in the implementation of the amendment. Some states have been slow in devolving powers and responsibilities to municipalities, leading to variations in the effectiveness of local self-governance. Additionally, issues such as political interference, corruption, and lack of resources continue to hinder the full realization of the amendment’s objectives.

Conclusion

The 74th Constitutional Amendment Act, 1992, has significantly contributed to the functioning of municipalities as effective institutions of local self-governance at the grassroots level. By providing constitutional status, promoting democratic participation, and devolving powers, the amendment has empowered urban local bodies to better serve their communities. However, challenges remain in ensuring uniform implementation and addressing issues such as political interference and resource constraints. Continued efforts are needed to fully realize the potential of local self-governance in urban areas.

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