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The 74th Amendment: Municipalities

Chapter Ninety-One

Syllabus topic 4.3.2, "Key features of Article 40, 73 and 74 Constitutional Amendments"

Pages 477 to 483 of 506

In one line

The 74th Amendment did for towns what the 73rd did for villages, and added two things villages did not need: a committee inside the town below the level of the council, and a committee above the town that makes the rural and urban plans into one plan for the district.

In the wording a student can write in an exam: the Constitution (Seventy-fourth Amendment) Act, 1992, in force from 1 June 1993, inserted Part IXA, "The Municipalities", comprising articles 243P to 243ZG and the Twelfth Schedule; it requires the constitution of a Nagar Panchayat for a transitional area, a Municipal Council for a smaller urban area and a Municipal Corporation for a larger urban area, direct election of all seats from wards, reservation for the Scheduled Castes, the Scheduled Tribes and women on the same pattern as article 243D, a five year term with timely elections, elections conducted by the same State Election Commission, finance reviewed by the same State Finance Commission, and eighteen subjects listed in the Twelfth Schedule; and it adds Wards Committees in municipalities of three lakhs or more, a District Planning Committee in every district and a Metropolitan Planning Committee in every metropolitan area.

What is the same as Part IX

An answer should dispose of this in a paragraph and then go to the differences.

PanchayatsMunicipalitiesSubstance
243B243QConstitution of the bodies is mandatory
243C243RAll seats by direct election
243D243TReservation for Scheduled Castes and Scheduled Tribes in proportion to population, one-third of those seats for their women, not less than one-third of all seats for women, chairperson offices reserved as State law provides, backward classes enabling only under 243T(6)
243E243UFive years and no longer; election before expiry or within six months of dissolution
243F243VDisqualifications, with the twenty one years proviso
243G243WPowers may be devolved, with the Twelfth Schedule
243H243XTaxes, assignment, grants in aid, Funds
243I243YThe same Finance Commission constituted under 243I reviews municipal finances too
243J243ZAccounts and audit
243K243ZAThe same State Election Commission conducts municipal elections
243M243ZCScheduled Areas and tribal areas excluded
243O243ZGBar on interference by courts in electoral matters

Note the two economies. There is one State Election Commission and one State Finance Commission for both rural and urban bodies, under articles 243ZA and 243Y. This is worth a line in an answer because it is what makes Kishansing Tomar, decided on a municipal corporation, authority for panchayats as well.

The four things that are different

1. Three kinds of municipality, article 243Q

There shall be constituted in every State:

a Nagar Panchayat for a transitional area, that is, an area in transition from rural to urban;

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