74TH AMENDMENT ACT OF 1992

The 74th Constitutional Amendment Act of 1992 is a significant piece of legislation that aimed to strengthen urban governance in India. It provided constitutional status to municipalities and outlined their structure, functions, and powers.

1. Constitutional Status to Municipalities:
   • The 74th Amendment Act added a new Part IXA to the Indian Constitution, which deals specifically with municipalities.
   • It provides constitutional recognition to municipalities as institutions of local self-government.
2. Urban Local Bodies:
   • The Act applies to urban areas, including cities and towns.
   • It defines municipalities as institutions of self-government consisting of elected representatives of the people.
3. Three Types of Municipalities:
   • The Act recognizes three types of municipalities:
     1. Nagar Panchayats for transitional areas.
     2. Municipal Councils for smaller urban areas.
     3. Municipal Corporations for larger urban areas.
4. Composition of Municipalities:
   • The Act provides for the constitution of municipalities with elected representatives.
   • It specifies the composition of municipalities, including the reservation of seats for Scheduled Castes, Scheduled Tribes, and women.
5. Ward Committees:
   • The Act mandates the constitution of Ward Committees in municipalities.
   • Ward Committees are responsible for representing the interests of local residents and assisting in the administration of municipal wards.
6. Municipal Planning:
   • The Act requires municipalities to prepare and implement plans for economic development and social justice.
   • It emphasizes the importance of urban planning, land-use planning, and infrastructure development in municipalities.
7. Municipal Finance:
   • The Act mandates the constitution of a Finance Commission by the state government to review the financial position of municipalities.
   • It empowers municipalities to levy taxes, fees, and duties, and to receive grants from the state government.
8. State Election Commission:
   • The Act provides for the establishment of State Election Commissions to conduct elections to municipalities.
   • It ensures free and fair elections to urban local bodies.
9. Metropolitan Planning Committee (MPC):
   • The Act mandates the constitution of Metropolitan Planning Committees in metropolitan areas.
   • MPCs are responsible for preparing development plans and coordinating planning activities in metropolitan regions.
10. Review by State Legislature:
    • The Act requires the state legislature to review the functioning of municipalities periodically.
    • It ensures accountability and oversight of municipal governance.

Overall, the 74th Amendment Act of 1992 aimed to promote decentralization, empower municipalities, and improve urban governance in India. It provided a framework for democratic and participatory local self-government, laying the foundation for the development of vibrant and sustainable urban communities across the country.