74th Constitutional Amendment Act 1992 is an important topic under Rajasthan Polity that provides a constitutional framework for urban local bodies in India. It aims to strengthen municipal governance by ensuring regular elections, decentralization of powers, and greater public participation in urban administration. Understanding this topic helps in analyzing urban governance, municipal structure, and local democracy in Rajasthan.
74th Amendment Act: Structure and Significance
Growth of Urban Local Self-Government in India
Historical background
| Year | Event |
| September 29, 1687 | The first municipal corporation in India was established in Madras. |
| 1793 Charter Act | Municipal corporations were established in Bombay, Madras and Kolkata through the Charter Act. |
| 1864 | The first municipality in Rajasthan was established in Mount Abu. |
| Municipal corporations were formed in Ajmer in 1866, Beawar (first elected) in 1867 and Jaipur in 1868. | |
| 1919 | The proposal for urban bodies was passed under the Government of India Act. |
| 1935 | Urban local self-government was made a subject of the State List, which is still in force. |
Post-independence urban local self-government reforms
| Constitutional Amendment | Year | Important events |
| 65th Amendment | 1989 | An attempt by the Rajiv Gandhi government to give constitutional status to urban local self-government, but after passing the Lok Sabha, could not be passed in the Rajya Sabha. |
| 74th Constitutional Amendment | 1992 | Urban local self-government was granted constitutional status by Prime Minister P.V. Narasimha Rao. |
| Passed in Lok Sabha and Rajya Sabha | December 1992 | The constitutional amendment was approved. |
| Signature by the President | April 20, 1993 | The bill received constitutional recognition. |
| Effective nationwide | June 1, 1993 | Urban local self-government was implemented throughout India. |
| Applicable in Rajasthan | August 1, 1994 | Urban local self-government came into effect in Rajasthan. |
There are 8 types of urban self-government systems found in India.
- Municipal Corporation
- Municipal Council
- Notified Area Committee
- Town Area Committee
- Cantonment Board
- Township
- Port Trust
- Special Purpose Agency
Provisions relating to local urban self-government
- Urban local government is a subject in the State List.
- Part- 9(a)
- Articles 243P – 243ZG (18 articles)
- Schedule – 12th
- Total subjects – 18
Articles related to urban self-government
| S.No. | Article | Subject matter |
| 1 | 243 P | Definition |
| 2 | 243 Q | Formation of municipalities |
| 3 | 243 R | Structure of Municipal Bodies |
| 4 | 243 S | Constitution and structure of ward committees |
| 5 | 243 T | Reservation of seats |
| 6 | 243 U | Duration of the municipality |
| 7 | 243 V | Disqualification for membership |
| 8 | 243 W | Powers and duties of municipal bodies |
| 9 | 243 X | Powers to levy taxes and collect funds |
| 10 | 243 Y | Constitution of Finance Commission |
| 11 | 243 Z | Audit of accounts of municipalities |
| 12 | 243 ZA | Municipal elections |
| 13 | 243 ZB | Applicable in Union Territories |
| 14 | 243 ZC | This Part not to apply to certain areas |
| 15 | 243 ZD | Committee for District Planning |
| 16 | 243 ZE | Committee for Metropolitan Planning |
| 17 | 243 ZF | Municipalities and continuation of existing laws |
| 18 | 243 ZG | Bar on interference by courts in electoral matters |
18 subjects included in the 12th Schedule
| S.No. | Subject |
| 1 | Urban planning. |
| 2 | Regulation of land use and construction of buildings. |
| 3 | Economic and social development planning. |
| 4 | Roads and bridges. |
| 5 | Water supply for domestic, commercial and industrial purposes. |
| 6 | Public health, sanitation, cleanliness and waste management. |
| 7 | Fire services. |
| 8 | Urban forestry, conservation of environment and enhancement of ecological dimensions. |
| 9 | To protect the interests of the weaker sections of the society, including the disabled and mentally retarded persons. |
| 10 | Slum improvement and upgradation. |
| 11 | Urban poverty alleviation. |
| 12 | Provision of urban amenities and other facilities like parks, gardens, playgrounds etc. |
| 13 | Enhancement of cultural, educational and aesthetic dimensions. |
| 14 | Burial and burial grounds, cremation grounds and crematoriums and electric crematoriums. |
| 15 | Kanji House Prevention of cruelty to animals. |
| 16 | Birth and death registration. |
| 17 | Public amenities, including street lighting, parking spaces, bus stops, and public conveniences. |
| 18 | Regulation of slaughter houses and tanneries. |
Key provisions of the 73rd Amendment
Ann. 243(P) : Definition
- To be granted city status, the area must be densely populated, have adequate economic resources, and public opinion must be in favor of forming a city.
Article 243(Q): Constitution of Municipalities
- To convert a Gram Panchayat into a Municipality, the Governor issues a notification, whereas to convert a Municipal Council into a Municipal Corporation, the approval of the State Legislature is required.
- There are three types of urban bodies in it – (Municipalities do not have three levels.)
- Nagar Panchayat – by whatever name in areas that are transitioning from rural to urban.
- Municipal Council – for small towns.
- Municipal Corporation – for big cities.
- Structure of Municipal Bodies
- Direct election system and territorial election i.e. on the basis of wards.
- Age 21 years to contest elections in municipal bodies.
- Tenure – 5 years, in case of dissolution, elections are required within 6 months.
Article 243(R): Structure of municipal bodies.
- A three-tier urban self-governance system has been adopted in Rajasthan.
- Lower level – Municipality
- Middle Level – Municipal Council
- Higher level – Municipal Corporation
Article 243(S): Constitution and composition of ward committees
- The number of wards in urban bodies is determined by the state government.
- Ward committee is formed when the minimum population is 3 lakh.
Article 243(T): Reservation of seats
- SC and ST seats are reserved in proportion to their population, and 1/3 of the seats are reserved for women. OBC reservations are based on the discretion of the state government.
- Note:There is no reservation for Scheduled Castes in Arunachal Pradesh.)
Article 243(U): Duration of a municipality
Tenure of Municipalities:
- (a) before the expiry of its five-year term, or
- (b) In the case of a municipality being dissolved, for a period of six months from the date of its dissolution. However, where this period (for which the dissolved municipality is to continue) is less than six months, no election shall be required for the new municipality for that period. However, a municipality constituted before the expiry of the term of a municipality shall continue for the remainder of the term for which the dissolved municipality would have continued if it had not been dissolved. In other words, a municipality reconstituted after premature dissolution shall not continue for the full term of five years.
- The Mayor, Chairman and President are elected directly by the public. The Mayor, Chairman and President elected by the public can be removed only by a three-fourth majority.
- A no-confidence motion can be brought against the Municipal Chairman, Municipal Council Chairman and the Mayor of the Municipal Corporation.
- The Deputy Mayor in the Municipal Corporation is elected through indirect system (by elected members).
- The Board must convene at least two meetings a year, with a minimum interval of 60 days between each meeting.
Article 243(V): Disqualification for membership
- Must be a local citizen.
- Minimum age should be 21 years.
Article 243(W): Powers and duties of municipal bodies
Article 243(X): Powers to levy taxes and collect funds
Article 243(Y): Constitution of Finance Commission
- The one with the Panchayats
Article 243(Z): Audit of accounts of municipalities
Article 243(ZA): Elections to Municipalities
- The Election Commission constituted for Panchayati Raj institutions will conduct their elections.
Article 243(ZB): Applies to Union Territories
Article 243 (ZC): This Part not to apply to certain areas
Article 243 (ZD): Committee for District Planning
- There is a provision for a District Planning Committee to review and consolidate plans made by Panchayats and Municipal bodies. The State Legislature has the authority to determine its composition. Eighty percent of its members will be elected by the elected members of Panchayats and Municipal bodies from among themselves.
- The District Planning Cell Committee was formed in Rajasthan on 3 April 1991.
- In Rajasthan, the District Planning Committee (DPC) was headed by the District Magistrate, but since 2004, the District Head is its Chairman and the District Magistrate is its ex-officio member.
- Formation of District Planning Committee
- the Clansman – 25
- Elected members – 20 (from Panchayati Raj and urban bodies)
- ex-officio members District – Collector, Chief Executive Officer, Additional Chief Executive Officer
- nominated members – 2
Article 243(ZE): Committee for Metropolitan Planning
- A Metropolitan Planning Committee will be established in each metropolitan area to prepare a draft development plan for the entire metropolitan area. The State Legislature will also discuss the committee’s composition, election, functions, and other matters.
- Provide for the representation of institutions in committees.
- 2/3 members of the Metropolitan Planning Committee shall be elected from amongst the members of the Municipalities and the Chairpersons of the Panchayats in the Metropolitan area.
Article 243(ZF): Municipalities and the continuation of existing laws
Article 243(ZG): Prohibits the interference of courts in electoral matters.
Important Acts related to Municipalities in Rajasthan
- Rajasthan Municipalities Act, 1951
- Rajasthan Municipalities Act, 1959
- Rajasthan Municipal Act, 1994
- Rajasthan Municipal Act, 2009
- The Rajasthan Municipal Amendment Bill, 2021
The Whistle Blower Protection Bill, 2011
- After being passed by the Parliament, it was implemented as the Whistle Blowers’ Protection Act, 2014.
- This Act introduced a method to protect the identity of whistleblowers (those who report corruption). Individuals who expose corruption in government or reveal irregularities by public servants are now completely free from the fear of persecution.
- The Act establishes a mechanism for people to report corruption or expose arbitrary misuse of privileges by public servants, even ministers.
- According to the Act, if the Commission finds the complaint to be false or motivated by malice, it can punish the complainant with imprisonment of up to two years and also impose a fine of Rs 30,000.
- The opening can be in writing or by email. However, it must be in accordance with established procedures and be complete. It must also include supporting documents or materials.
- Information related to national security is excluded from the scope of the Act. It does not apply to Jammu and Kashmir, the Army, the Special Security Force (SPF) protecting the Prime Minister and former Prime Ministers.
Important provisions related to Municipality
1. Right to Recall
- The provision of Right to Recall was implemented in Rajasthan on 22 March 2011, under which the public can remove their elected municipal body head even during his tenure.
- In December 2012, the Right to Recall was invoked against Ashok Jain, Chairman of Mangrol (Baran) Municipality, on the orders of the Rajasthan High Court.
- After the voting, public opinion came in his favour, hence he was not removed from the post.
2. Reorganisation of Municipal Corporations
- In October 2019, the Rajasthan government announced the formation of two municipal corporations each in Jaipur, Jodhpur and Kota.
3. Urban Improvement Trust (UIT)
- Urban Improvement Trusts (UITs) are functioning in 13 cities of Rajasthan.
- Their main work is systematic development of cities, land management, tree plantation, cleanliness, park construction and beautification.
Special urban administrative bodies
1. Cantonment Board
- Enacted in 1924 by the British Government for administrative arrangements in cantonment areas.
- Its chairman is an army officer.
- Members may be elected or nominated.
2. Notified Area
- An area which neither falls within the municipal area nor under the Town Improvement Trust.
- Such areas are notified by the District Collector and special notified committees are formed.
3. Port Trust
- Port Trusts are formed for the development of infrastructure facilities in the areas of ports and airports.
- It works for the planned development of the concerned area.
4. Township/Town Area
- A developed area situated between two cities, where urban facilities have been developed.
- It is declared a Town Area, but it is not under any municipality.
Structure of Municipal Bodies in Rajasthan
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| Municipality Type | Municipality | City Council | Municipal council |
| level | low levels | medium level | high level |
| Number | 252 | 34 | 10 |
| Population range | 20,000 to 1 lakh | 1 lakh to 5 lakh | 5 lakh to 1 crore |
| Political president | Chairman/Chairman | Chairman | Mayor/Mayor |
| Election of Chairman/Member | Member – DirectPresident – Indirect | Member – DirectPresident – Indirect | Member – DirectPresident – Indirect |
| Administration Officer | Executive Officer | Commissioner | Chief Executive Officer |
| Minimum age | 21 years | 21 years | 21 years |
| tenure | 5 years | 5 years | 5 years |
| Minimum Ward | 13 | 13 | 13 |
| Nominated by the government | 6 | 8 | 12 |
| Quorum | 1/3 | 1/3 | 1/3 |
| Authority to resign | Chairman → Executive Officer, Councillor and Vice President → President | Chairman → Commissioner, Councilor and Vice-President → Speaker | Mayor → Chief Executive Officer, Councillor and Deputy Mayor → Mayor |
Other important facts
- Election of members –Elections are held through direct voting at the ward level by voters aged 18 years or above.
- Minimum membership number –There must be 13 members, while the maximum number is determined by the state government.
- Ability – Minimum age should be 21 years and name must be registered in the voter list.
- Election of the Chairman and Vice Chairman
- 2009 Amendment: The state government provided that the municipal chairperson would be elected directly by the public, while the vice-chairperson would be elected indirectly by the councillors.
- 2014 Amendment (July 15): It was further amended to provide for the indirect election of the Chairman by the councillors.
- Reservation system
- Under the constitutional amendment, 13 seats in all categories were reserved for women.
- In 2009, the Rajasthan government increased the reservation for women to 50%, which came into effect from the 2010 elections.
- Current Status: This reservation process is pending in the High Court.
- Scheduled Castes (SC) and Scheduled Tribes (ST): Reservation is given in proportion to their population.
- Backward Classes (OBC): There is provision for reservation for them also.
- Motion of no confidence
- To bring a no-confidence motion, support of 1/3 of the total number of members is necessary.
- If passed by 3/4 majority, the concerned post becomes vacant.
- Process of Election:
- Fresh elections are mandatory to be held within mid-month from the date of vacancy of the post.
- This election will be for the remaining term.
- Restrictions on no-confidence motion:
- No no-confidence motion can be brought during the first two years and the last one year of the formation of the government.
- Main sources of income of urban bodies
- Grants and loans received from the State Government.
- Income from various taxes, fees and penalties.
- Income from properties of municipal bodies.
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