What is District 

Administration?
District Administration means the management of the task of government so far as it lies within
an area legally recognized as a district. According to Khera, “District administration is the total
management of public affairs within this unit.” The district is kept under the charge of a district
officer—called either Deputy Commissioner or District Collector who acts as the eyes, ears and
arms of the State Government. As such D.C.’s task is of pivotal nature. This task is of five kind
viz., Revenue, Magisterial, Judicial, Executive and Development.

District Functionaries:
Deputy Commissioner or District Officer is the linchpin of district administration. He is the head
of the district. He is designated as Collector in some of the states like Rajasthan and Madhya
Pradesh and Deputy Commissioner in states like Haryana and Punjab.

In some other states, where judicial powers are still vested with the Deputy Commissioner, he is
termed as the District Magistrate as well. Some other district officials who head various other
departments in the District are Civil Surgeon or District Medical Officer, Executive Engineer,
Superintendent of Police, District Forest Officer, District and Sessions Judge, District Education
Officer, District Agricultural Officer, Assistant Registrar of Cooperative Societies etc., etc.
However, Deputy Commissioner is overall responsible for efficient administration of the
District.

These functionaries look to him for help, advice and at times orders. Even the citizens run to him
for the redress of their grievances. According to the Imperial Gazetteer of India, a Collector of
strong and sympathetic character with the gift of insight may gain the strongest hold over the
affections and imagination of the peasantry and tales of his sagacity and good deeds will be told
in remote village many years after his name has ceased to be borne on the civil list of the
province. The position remains the same today depending on dynamism of the Collector/DC and
his humane and unbiased approach to the citizens.

The District Officer:

The Deputy Commissioner (the D.C. or Collector) is designated as District Officer because he
plays a pivotal role in the administrative set up of the district and exercises varying degrees of
supervision over the heads of other departments functioning in the district.

He is appointed either through competitive examination for I.A.S. services held through
U.P.S.C., or he is promoted from ‘ state) civil services. Quota for provincial services is reserved
for promotion to IAS.
Duties of the District Officer:
He performs multifarious functions, hence he is called the backbone of administration and a
pivot round which the entire administration of the district revolves. His principal duty, today, as
it has always been, is the maintenance of law and order in the district. Prompt collection of
revenue is his another duty of significance.

The direction and fulfilment of development plans is also one of his functiosn of paramount
importance. To act as a buffer between citizens and administration is another important
assignment of the D.C.

Hence his functions are multifarious and can be described as under:

Hence his functions are multifarious and can be described as under:
1. As a Collector:
A district officer is the head of the revenue department of the district. In this capacity, he
possesses power of general supervision and control of the land records and their staff;
appointment, promotion, transfer and punishment of district officials in accordance with the
standing orders of the government; writing character rolls of all under his authority; keeping a
close watch on the agricultural conditions of the season; collecting of revenue and other taxes
like agricultural income tax and irrigation rates, sales and mortgages of land, ensuring proper
administration of land, seeing that rights in land are held and enjoyed and passed from one party
to another within the jurisdiction of law and in an orderly way; submission of periodical reports
to higher authorities; remission of revenue in case crops are destroyed due to flood havoc or
drought or visits of locusts in the harvest season; maintenance of facts and figures regarding the
wealth and welfare of the inhabitants of the district and managing governmental properties and
courts of ward estates; relief of fire sufferers; assessment and realization of agricultural tax;
supervision of Treasury and Sub-treasury; payment of Zamindari abolition compensation and
rehabilitation grant, enforcement of Stamps Act.

As a fiscal officer of the district, he conducts Abkari sales and issues licenses to sellers of
intoxicating drinks and narcotic drugs such as opium and hemp. He extends loans to the agri-
culturists and provides famine and flood relief to those affected adversely.

2. As the Chief Executive of the District:

His executive powers are enormous. He is the one man to whom the district looks for counsel,
help and favours. According to S.S. Khera, an ex-I.C.S., one of the main purposes of district
administration is to maintain the district in a state of law and order, in a state of peace. He can
seek assistance from the police for maintaining peace and order in the district.

The Superintendent of Police is subject to his order and is expected to keep the D.C. informed
about the problems pertaining to law and order. If he is vested with judicial powers as the
District Magistrate as well, he is to deal with public meetings, processions, fairs, riots, agitations
and communal or other disturbances.

He is to execute government policies on new schemes like National Savings, grow more food
campaigns and family planning campaigns etc.

He brings about co-ordination between various departments. Some other executive duties of the
D.C. are rationing of petrol, issuing of Haj passes, celebration of civil marriages, conducting of
census, allotment of government built houses, conducting of elections, posting transfers and
leave of gazetted officers within the district, dealing with pension cases of district staff, submit-
ting annual budget estimates, in charge of the Treasury, District Stamp Officer, issuing of tenta-
tive programmes of ministers and V.I.Ps., to act as protocol officer in the District, supervising
the proper conduct of civil suits in which state is party, counter-signing the grant-in-aid bills for
various educational institutions, sale of excise shops, training of junior officers in official proce-
dures and administrative work, effecting co-ordination in the work of all other district officers
and presiding over the District Plan Implementation Committee.

3. As a Judicial Officer:

As a District Magistrate, he not only performs executive duties but also discharges judicial
duties. He is to see that justice is done and that rule of law prevails. As a first class magistrate, he
enjoys original and appellate jurisdiction in criminal cases. Appeals from the second and third
class magistrates can be carried to him.

He supervises the subordinate magistrates including those working honorarily. If he considers an

acquittal not justified or a punishment inadequate, he may advise the government to file an
appeal to the High Court.

In the state where judicial powers have been taken away from the District officers and are
entrusted to the District Magistrates (Judicial), the District Officers deal only with non-judicial
functions such as exhorting people for good behaviour, regulation of prosecutions, control of the
police, preventive detention etc.
He hears appeals against the revenue decisions of the S.D.O. or Tehsildar in matters affecting the
entries in Patwari’s records and some other tenancy and land revenue matters. He makes jail
inspections and looks to expeditious disposal of cases of under trial prisoners. He deals with
premature release of prisoners or their release on parole.

He submits annual criminal report to government. He inspects police stations invariably once a
year. He grants and cancels many kinds of licenses. He controls and supervises election work in
the district He issues certificates for domicile to scheduled and backward classes and
guardianship of political sufferers. He deals with labour problems and strikes. Many such
fractions of judicial nature are performed by him.

4. Supervision of the Local Bodies:

He is entrusted with the functions of supervising and controlling the working of local bodies in
the District, viz., District Boards, Village Panchayats, Municipal Committees, etc. According to
Palande, “He has also to see that in matters of sanitation proper steps are taken by the local
bodies particularly on the outbreak of epidemics.”

5. Development Functions:

With the dawn of independence, India has embarked upon a new era of welfare state and
community life. Hence his developmental duties comprise of dispelling of ignorance, eradication
of superstition, spread of co-operative institutions and Panchayats, increase of community
projects and national extension schemes, rehabilitation of refugees and encouragement of aware-
ness of rights and duties, etc., etc.

In fact performance of such duties gives him ample opportunities to come in contact with the
people and prove his worth as a public servant in the true sense. The Imperial Gazetteer as
quoted in preceding pages throws enough light on the developmental functions of the Collector
(D.C.) even of the British times.

6. As Returning Officer:

The Collector is the Returning Officer for elections to Parliamentary and Vidhan Sabha
Constituencies and is responsible for effecting coordination of election work at district level.
7. As District Census Officer:

He is responsible for conduct of census operations once in 10 years. He appoints enumerators,

provides for their training and arranges timely supply of forms.

8. Miscellaneous Functions:

Besides the functions stated in the preceding paragraphs, he exercises a few other functions of no
mean significance.

They are:

(i) To exercise superintendence over all other branches of district administration even though
they are not directly placed under his charge.

(ii) To supervise the working of jails, reformatories, lunatic asylums and poor houses in the
district.

(iii) To remain in touch with the working of the departments headed by other district officials as
Executive Engineer, the Civil Surgeon, the Forest Officer, the Health Officer and the District
Inspector of School.

(iv) To decide general policy on behalf of the government on such matters as local festivals,
processions and conflict of interests between communities.

(v) To take prompt action in case of calamity, disaster and the like. In the words of S.S. Khera,
the test of good administration is “as to how quickly how well and effectively the whole district
administration comprising all its various ramifications can be organised and harnessed to the aid
of the people.”‘

(vi) To keep liaison with military authorities and welfare of members of the armed forces—
serving and retired.

(vii) To act as a leader in emergencies, like floods, famines, earthquakes, internal and external
aggression.

(viii) He is to play role as a Public Relation Officer of the Government at the district level.
As such he is the spokesman of the district.

Position of the District Officer:

Keeping in view his executive, judicial, fiscal, supervisory and developmental functions we can
conclude that the Deputy Commissioner is the centre of every important activity in the district.
His authority is onerous and powers enormous. It has been aptly said that all the strings of
district administration are gathered together in his hands.

William Hunter’s description of the powers of the D.C. during the British days holds good even
today. According to him, “The District Officer is the fiscal officer charged with the collection of
land revenue ; is also a revenue and criminal judge both of first instance and appeal…..Police,
Jails, Education, Municipalities, Roads, Sanitation, Dispensaries, Local Taxation and the
Imperial Revenue of his district are to him matters of daily concern. He is expected to make
himself acquainted with every phase of the social life of the natives and with each natural aspect
of the country.”

The famous Simon Commission also gave a nice portrayal of the District Officer, during the
Britishers’ Rule—”He is the embodiment of the government. The authority which he derives
from his statutory powers is augmented by the constant exercise of advice and discretion in
matters where he is expected to lead. He wields large powers of patronage. He is responsible for
making a vast number of minor appointments. His recommendations for honorary magistrateship
and nominated memberships of all local self-governing bodies are ordinarily accepted. He can
grant seats at ceremonial functions such as ‘darbars’ and the coveted Indian titles and honours
and other rewards are usually conferred at his suggestion—the District officer must remain a
very important person, the embodiment of effective authority and the resources to whom the
countryside turns in time of difficulty and crisis. In no future that we can foresee will the post of
the District Officer cease to be one which calls for those qualities of integrity and decision which
so many of the best kind of public servants have exhibited in the service of India.”

Though the Deputy Commissioner no longer holds darbars or confers titles and enjoys that
glamorous position of British days, yet his authority in the district can hardly be under-esti-
mated. He still remains the sole chief agent and representative of the state government in the
district. He serves as channel of communication between the government and the inhabitants of
the district. Palande correctly remarks, “The District Officer is the eyes, the ears, the mouth and
the hands of the Provincial Government in the district.”
He is still the ‘Mai Bap’ of the simple souls living in the rural India. He is still a prop to the
needy and the distressed. People run to him for succour and redress when floods and famines
cause ruination and play havoc with their peaceful living.

Other Functionaries of the District:

A brief account of the functions of the functionaries in the district will not be out of place.
District and sessions judge, Superintendent of police, Civil surgeon or chief medical officer of
health, Executive engineer, S.D.O. and tehsildar, District inspector of schools, Employment
exchange officer, District supply officer are some of the important heads of the departments
functioning in the districts.

1. District and Sessions Judge:

The District and Sessions Judge heads the judicial organisation of the district. He constitutes the
highest court in the district. As such he is equipped with both original and appellate jurisdiction.
In the former capacity, he tries murder cases which are committed to his court by a first class
magistrate.

However, if he is convicted as a murderer, the same is subject to approval by the High Court. In
his capacity as an appellate authority, he hears appeals in both civil and criminal cases from the
courts of magistrate and subordinate judges in the district.

The District and Sessions Judge also performs certain administrative duties. In this capacity, he
supervises the work of civil and criminal courts in the district. He is selected through State Civil
Service (Judicial) examination as Sub-Judge. A Senior Sub-Judge afterwards is promoted as
District and Sessions Judge.

2. Civil Surgeon and Health Officers:

The Civil Surgeon is in-charge of governmental hospitals and dispensaries in the district. He
advises and assists the District Officer in matters pertaining to health and sanitation. In Haryana
and Punjab, the Civil Surgeons are now designated as Chief Medical Officers of Health.

They are generally in-charge of the Civil Hospitals and also the dispensaries and hospitals in the
district. They have to keep up the health standards of the district. The Municipal Medical Officer
of Health looks to sanitation of the town and adopts measures for the prevention of outbreak of
various epidemics, as well.

3. Superintendent of Police:

The Superintendent of Police is the in-charge of Police force in the district. He assists the D.C. in
the maintenance of peace and order in the district. In the departmental affairs, he is subject to the
instructions of Inspector General of Police.

Moreover, in affairs pertaining to law and order, he is subject to the orders of the D.C. He gets
assistance from Deputy Superintendent of Police, Inspectors, Sub-inspectors etc., in his task of
establishing peace in the district. He is selected either through competitive examination for I.P.S.
service or is promoted from D.S.P. to S.P.

4. Executive Engineer:

The Executive Engineer heads the engineering establishment in the district. His department
(P.W.D.) deals with the construction and maintenance of government buildings, roads, bridges,
tanks and wells. In the Punjab and Haryana a separate engineering department concerning the
canals also exists. A Canal Engineer is the in-charge of this department.

5. Sub-Divisional Officer:

A few tehsils put together constitute a sub-division. A Sub-Divisional Officer heads the sub-
division. He possesses both administrative and judicial duties. He is a magistrate as well as a
revenue officer. In fact, his functions are analogous to those of the Collector at the district level.

His revenue duties are—regulation of details and resolution of disputes, doubts and difficulties
regarding land revenue, supervision and inspection of all revenue matters, from assessment to
collection, co-ordination of work in the departments of revenue, agriculture, veterinary and
public health within the sub-division, appointment and dismissal of small revenue officials,
collection and compilation of agricultural statistics.

His judicial duties comprise of decision of cases pertaining to land rights, enhancing, abating or
commuting a rent, ejecting illegal subletting and deciding the question of the rightful ownership
for a disputed land.
As a Magistrate First Class, he tries cases falling within his jurisdiction. He commits cases to
sessions court. His quasi-judicial duties pertain to liaison and co-operation with the police in the
sub-division, special precautions and actions in emergencies, appointments of mukhias, rec-
ommendations to the collector for grant of arms licenses.

His executive duties at the sub-division level become fairly important especially when in
pursuance of Directive Principles; he is deprived of judicial duties. Supervising the police,
deciding disputes of non-criminal character, appointing, promoting or transferring functionaries
of the revenue department, maintaining closer contract with the pubic are his important executive
duties.

Besides these functions, he is to perform developmental functions as well. The plans for grow
more food. Community Projects and National Extension Schemes, abolition of social evils and
superstitions, rehabilitation of refugees, etc., are some of the developmental functions which
S.D.O. performs at the sub-divisional level, in order to cater to the welfare concept of the state.

6. District Inspector of Schools or District Education Officer:

Every district has a Inspector of Schools. In Punjab and Haryana they are designated as District
Education Officers. A District Inspector of Schools or D.E.O. supervises and inspects the
working of educational institutions up to Higher Secondary standards in the district.

He makes recommendations regarding extension of grants-in-aid to these schools. He is to look

to the general educational development of the district, under the general direction of the D.C.

7. Extra Assistant Director of Agriculture:

In every district, there is an extra-assistant director of agriculture whose main duty is to

propagate for the improved means of cultivation. He is also the in-charge of a model farm in
which new methods are tried and research work regarding cultivation is carried on.

8. District Civil Supplies Officer:

He is in-charge of the rationing department in the district. He regulates the supply of essential
commodities like sugar, flour, rice, maida and suji according to the instruction of the State Food
Department.

9. Employment Exchange Officer:

He heads the Employment Exchange department of the district. His department is to register the
names of persons seeking employment and to recommend them for appointment to suitable
vacancies where they crop up.

All these heads of the various departments described in the preceding paragraphs work under the
control and constant supervision of their respective departmental supervisors but the D.C.
supervises and co-ordinates their work and exercises influence upon their departmental policies
to quite a great extent. His remarks in the annual confidential reports of departmental heads
matter.

10. Divisional Commissioner:

It is essential to say a few words about the Divisional Commissioner. The Divisional
Commissioner is the head of a Division which is composed of generally seven to eight districts.
He holds a position mid-way between a District Officer and the head of the state.

Conclusion

Although there is a debate going on that whether we need office of district collector or not, it
plays a vital role in the district administration as the bridge between union-state and local
government. Therefore there is no question of removing the post of district collector. There are
some flaws in the district administration system but reiterating the recommendations on the
issues of personnel management, performance and outcome evaluation, effective citizen centric
administration, use of information technology, process re-engineering etc. made above, it is
believed that if these recommendations are expeditiously implemented where applicable to the
district administration would make India developed with bottom up approach and better
outcome.
 MUNICIPALITIIES
Constitution (Seventy Forth Amendment) Act, 1992 has introduced a new Part
IXA in the Constitution, which deals with Municipalities in an article 243 P to
243 ZG.  This amendment, also known as Nagarpalika Act, came into force
on 1st June 1993. It has given constitutional status to the municipalities and
brought them under the justifiable part of the constitution. States were put
under constitutional obligation to adopt municipalities as per system enshrined
in the constitution.
Definition of Metropolitan area
Metropolitan area in the country is an area where population is above 10
Lakh. (Article 243P)
Three Kinds of Municipalities
Article 243Q provides for establishment of 3 kinds of Municipalities of every
state.
 Nagar Panchayat: A Nagar Panchayat is for those areas which are
transitional areas i.e. transiting from Rural Area to Urban areas. “Governor”
will by public notice, will define these three areas based upon the population,
density of population, revenue generated for local administration, % of
employment in Non-agricultural activities and other factors. Further, a
Governor may also if, he fits it necessary, based upon the industrial
establishments, can specify the Industrial Townships by public notice.
 Municipal Council: A Municipal council is for smaller urban area
 Municipal Corporation: A municipal Corporation for Larger urban Areas
Composition of Municipalities
All the members of a Municipality are to be directly elected by the people of
the Municipal area and for the purpose of making the electorate; the municipal
area will be divided into territorial constituencies known as Wards.
 Besides the seats filled by direct elections, some seats may be filled by
nomination of persons having special knowledge and experience in municipal
administration.
 Persons so nominated shall not have the right to vote in the meetings of the
municipality.
 The Legislature of a State may, by law, also provide for the representation in a
municipality of members of the House of the People and the members of the
Legislative Assembly of the State representing constituencies which comprise
wholly or partly the Municipal area and also the Members of the Council of
States and the members of the Legislative Council of the State registered as
electors within the municipal area.
 The manner of election of Chairpersons of municipalities has been left to be
specified by the State Legislature. {Article 243R}
Ward Committees
There shall be constituted the ward committees consisting of one or more
wards within the territorial area of all the municipalities with a population of 3
Lakhs or more. { Article 243S}
Reservation of Seats:
Rreservation of the seats for the Scheduled castes and scheduled tribes in
every municipality corporation has to be provided in proportion to their
population to the total population in the municipal area.
 The proportion of seats to be reserved for SC/ST to the total number of seats
has to be same as the proportion of the population of SC/ST in the municipal
area.
 The reservation has to be made for only those seats that are to be filled by the
direct elections. (This means no reservation for nominated seats)
 This article also provides that not less than one-third of the total number of
seats reserved for SC/ST shall be reserved for women belonging to SC/ST.
(Mandatory provision)
 In respect of women, the seats shall be reserved to the extent of not less than
one-third of the total number of seats. This includes seats reserved for women
belonging to SC/ST. These reservations will apply for direct elections only.
(Mandatory provision)
 There are no bar on State Legislatures from making provisions for reservation
of seats in any municipality or office of Chairperson in the municipalities in
favor of backward class of citizens. (Optional Provision). {Article 243S}
Duration of Municipalities
Duration of the municipality has been fixed at 5 years from the date appointed
for its first meeting. Elections to constitute a municipality are required to be
completed before the expiration of the duration of the municipality. If the
municipality is dissolved before the expiry of 5 years, the elections for
constituting a new municipality are required to be completed within a period of
6 months from the date of its dissolution. {Article 243U}
Disqualifications of the members
A member is disqualified to be chosen as a member of municipality if he / she
is disqualified under any law to be elected as MLA. The minimum age to be
qualified as a member is 21 years.
Powers, authorities and responsibilities
 As per Article 243 W, all municipalities would be empowered with such
powers and responsibilities as may be necessary to enable them to function
as effective institutions of self-government.
 The State Legislature may, by law, specify what powers and responsibilities
would be given to the municipalities in respect of preparation of plans for
economic development and social justice and for implementation of schemes
as may be entrusted to them.
An illustrative list of functions that may be entrusted to the municipalities has
been incorporated as the Twelfth Schedule of the Constitution. This schedule
defines 18 new tasks in the functional domain of the Urban Local Bodies, as
follows:
12th Schedule of the Constitution

1. Urban planning including town planning. 10. Slum improvement and upgradation.

2. Regulation of land-use and construction of 11. Urban poverty alleviation.

buildings.

3. Planning for economic and social 12. Provision of urban amenities and
development. facilities such as parks, gardens,
playgrounds.

4. Roads and bridges. 13. Promotion of cultural, educational and

aesthetic aspects.

5. Water supply for domestic, industrial and 14. Burials and burial grounds;
commercial purposes. cremations, cremation grounds; and
electric crematoriums.

6. Public health, sanitation conservancy and 15. Cattle pounds; prevention of cruelty to
solid waste management. animals.

7. Fire services. 16. Vital statistics including registration of

births and deaths.

8. Urban forestry, protection of the 17. Public amenities including street

environment and promotion of ecological lighting, parking lots, bus stops and public
aspects. conveniences.

9. Safeguarding the interests of weaker 18. Regulation of slaughter houses and

sections of society, including the handicapped tanneries.
and mentally retarded.

Financial Powers
 Via Article 243X, the constitution has left it open to the Legislature of a State
to specify by law matters relating to imposition of taxes. Such law may specify:
 Taxes, duties, fees, etc. which could be levied and collected by the
Municipalities, as per the procedure to be laid down in the State law
 Taxes, duties, fees, etc. which would be levied and collected by the State
Government and a share passed on to the Municipalities
 Grant-in-aid that would be given to the Municipalities from the State
 Constitution of funds for crediting and withdrawal of moneys by the
Municipality.
Finance Commission
Article 243Y makes provision that the Finance Commission constituted under
Part IX for Panchayats shall also review the financial position of the
municipalities and will make recommendations to the Governor.
 The recommendations of the Finance Commission will cover the following:
 Distribution between the State Government and Municipalities of the net
proceeds of the taxes, duties, tolls and fees to be levied by the State
 Allocation of share of such proceeds between the Municipalities at all levels in
the State
 Determination of taxes, duties, tolls and fees to be assigned or appropriated
by the Municipalities
 Grants-in-aid to Municipalities from the Consolidated Fund of the State
 Measures needed to improve the financial position of the Municipalities.
Union Finance Commission also suggests the measures needed to augment
the Consolidated Funds of States to supplement the resources of the
panchayats in the states.
Audit and Accounts
As per article 243Z, the maintenance of the accounts of the municipalities and
other audit shall be done in accordance with the provisions in the State law.
The State Legislatures will be free to make appropriate provisions in this
regard depending upon the local needs and institutional framework available
for this purpose.
Elections Commission
Article 243ZA makes the provisions that the superintendence, direction and
control of the preparation of the electoral rolls for, and the conduct of, all
elections to the Panchayats and municipalities shall be vested in the State
Election Commissions.
 Application to Union Territories:
Article 243ZB makes provisions for applications of these provisions to the
Union Territories. This article says that the provisions of Municipalities shall be
applicable to the UTs in same way as in case of the states but the President
by a public notification may make any modifications in the applications of any
part.
Not applicability in some areas
Article 243 ZC says that provisions of part IXA are not applicable to
 Scheduled Areas referred in article 244. These include Assam, Meghalaya,
Tripura and Mizoram.
 This part is also not applicable to the area covered under Darjeeling Gorkha
Hill Council.
If the parliament makes any modifications in the scheduled areas , then the
same restrictions would apply to those areas also.
Committee for District Planning
We have studied in the part IX that Planning and allocation of resources at the
district level for the Panchayati Raj institutions are normally to be done by the
Zila Parishad. As per the provisions of the Part IX-A, for urban areas,
municipal bodies discharge these functions within their respective
jurisdictions.
However, this gives rise to an important question that at the how the allocation
of the funds has to be made. The Constitution has made provisions of
creating two Planning Committees in the state.
 One is District Planning Committee at the district level with a view to
consolidating the plans prepared by the Panchayats and the Municipalities
and preparing a development plan for the district as a whole and the other is a
Metropolitan Planning Committee.
 As per Article 243 ZD, there shall be constituted in every State at the district
level a District Planning Committee to consolidate the plans prepared by
the Panchayats and the Municipalities in the district and to prepare a draft
development plan for the district as a whole.
 The option of composition and filling the seats has been left open to the
states.
 District Planning Committee in preparing the Draft Development Plan shall
have regard to:
 Matter of common interest between the Panchayats and the Municipalities
including spatial planning
 Sharing of water and other physical and natural resources
 Integrated development of infrastructure and environment conservation
 Extent and type of available resources, whether financial or otherwise.
The Draft District Development Plan so prepared and recommended by the
District Planning Committee shall be forwarded by the Chairperson of the
Committee to the State Government.
Metropolitan Planning Committee:
Article 243 ZE says that there shall be constituted in every Metropolitan area
a Metropolitan Planning Committee to prepare a draft development plan for
the Metropolitan area as a whole. So for the areas with a population of 10
lakhs or more, a Metropolitan Planning Committee shall be constituted for
preparing a draft development plan for the metropolitan area as a whole.
 The composition and filling of seats is open to the State legislatures.
 The Metropolitan Planning Committee shall take into account the following for
preparation of the Draft Development Plan:
 Plan prepared by the Municipalities and the Panchayats in the metropolitan
area
 Matter of common interest between the Municipalities and Panchayats
including coordinated spatial plans of the area
 Sharing of water and other physical and natural resources
 Integrated development of infrastructure and environmental conservation
 Overall objectives and priorities set by the Government of India and the State
Government
 Extent and nature of investments likely to be made in the metropolitan area by
agencies of the Government
 Other available resources, financial and otherwise.
Comment
When we look at the provisions of the Part IXA of our constitution, we can say
with confidence that 74th amendment act 1992 is one of the most important
and vital amendments carried out so far in with regard to the urban
development. The act has attempted to make the local bodies stronger,
transparent. Here are some notable implications with regard to this
Constitution amendment act:
 Local Government including self- government institutions in both urban and
rural areas being exclusively a State subject under the legislative Entry 5 of
the State List of the Seventh Schedule, the Union Government cannot enact
any law relating to these subjects. However, what the part IX-A (and also IX)
has done is to outline the Scheme which would be implemented by the States
 by making laws or amending their own existing laws to bring them in
conformity with the provisions of the Constitution (74th Amendment) Act.
Union Government’s role is catalytic within the meaning of “economic and
social planning” under concurrent list.
 Due to this amendment, a uniform pattern has emerged all over the country
except any tribal areas which exist only in the north-eastem region, unless the
Parliament by law extends the same to the tribal areas.
 The discretion of the state Governments has been drastically curtailed in the
sense that they have now constitutional obligations to set up the Municipalities
as per article 243Q.
 The criteria to set up the municipalities have been fixed and now it is more
rational and scientific.
 With this act, the district planning has been given the Constitutional Status.
Due to this the planning process itself has changed.

What did Abramah Lincoln say about democracy? That, it is a government

“of the people, by the people, and for the people”. Each citizen in a
democracy, from the educated professionals living in the urban areas, to
the illiterate farmers in the rural areas, should be included in this system.
Each one should have the right to vote for choosing his or her own
representatives from that area, who would manage the affairs with their
expertise.

The Central government cannot oversee the minute workings of all the
smallest units in the country. Therefore, one of the salient features of a
good representative government is the percolation of the self-rule
mechanism to the grassroots level, leading to more effective decision-
making and greater accountability. Keeping this in mind, our Constitution
has provided for the creation of panchayats, municipalities and
cooperative societies to manage the affairs of the villages and urban
localities in India.
In this article, we shall explore the meaning of these three terms as well
as the provisions related to their creation, operation, powers and
responsibilities given in the Constitution of India, 1950.

Panchayats
The first Panchayati system (called “Panchayati Raj”) came up in Nagaur
city of Rajasthan in 1959 as per the recommendations of the Balwant Rai
Committee. This Committee did far-reaching work in the area of rural
democracy, which brought Balwant Rai the title of “Father of Panchayati
Raj.” Gradually, this system was adopted by other states like Andhra
Pradesh and Maharashtra.

However, the Constitution did not lay an obligation upon governments to

constitute panchayats. Article 40 only provided a Directive Principle of
State Policy that said the State should organise village panchayats and
give them the necessary powers and authority to function, but this was
not mandatory.

Over time, the Panchayati systems that had cropped up started going lax.
A need was felt for a more well-established decentralized administration.
The L.M. Singhvi Committee was appointed in 1986 to study the
problems faced by panchayats. It gave several recommendations,
including that panchayats should be constitutionally recognised,
promoted and preserved. Thus, Article 40 was finally solidified in Part IX
by the Constitution (Seventy-Third Amendment) Act, 1992.

Let’s take a look at Articles 243 and 243A- 243O under this Part, which
talks about rural local self-government.
Gram Sabha 
The very basic unit of the Panchayati system is the Gram Sabha. It has
been defined by Article 243(b) of the Constitution as the body of all the
persons registered on the electoral rolls of a village.

The first question that comes to mind is, what does the Gram Sabha do? 

This permanent body is the body of the electorate. This means that all
other institutions – Gram Panchayat, Zilla Parishad, etc. (which we will be
talking about later) – are elected by the Gram Sabha. Moreover, the
Gram Sabha acts as a forum where people can discuss matters of
governance and development.

Therefore, Gram Sabha is the primary and fundamental component of the

local self-government system. However, the extent of its powers depends
upon the policy of the state in which the village is located, as mentioned
in Article 243A. 

The membership of a Gram Sabha is restricted to persons above the age

of 18 living in that village. This is done so that the best decisions, which
are in line with the interests of the village, can be made.

We now move on to the self-government body that is elected by the

Gram Sabha – the Panchayat.
Constitution of Panchayats
Under Article 243(d) of the Indian Constitution, ‘panchayat’ has been
defined as an institution of self-government in rural areas. 

Article 243B provides for the establishment of a three-tier Panchayati

system:

1. At the village level i.e. Gram Panchayat

2. At the intermediate level i.e. Panchayat Samiti
3. At the district level i.e. Zila Parishad

Intermediate-level panchayats, however, only exist in states where the

population exceeds twenty lakhs. 

Gram Panchayat

Gram Panchayat is the lowest level in the panchayat pyramid system. 

Each village is divided into even smaller units called wards, each of which
selects a representative of its own. They are called Ward members or the
Panch. The Gram Sabha also elects the head of the Gram Panchayat,
called the Sarpanch. Therefore, the Sarpanch and the Panch together
make up the Gram Panchayat.

The main work of the Gram Panchayat is to take care of social issues,
construct and maintain schools, roads and drainage facilities, etc., and to
levy and collect local taxes.
The Gram Panchayat is accountable to the general body of voters in the
village, i.e. the Gram Sabha, as well as to the two levels of authority
above it in the hierarchy.

Panchayat Samiti

The Panchayat Samiti is the next level in the hierarchy. It oversees the
working of the Gram Panchayats of all the villages located in the block
under its jurisdiction.

The Panchayat Samiti is headed by the Pradhan. He or she is elected by a

group consisting of all the members of the Panchayat Samiti as well as all
the Panchs of the Gram Panchayats coming under it.

Zila Parishad

Also known as District Panchayat, this is the highest level of panchayat in

the hierarchy of rural self-government. It oversees the working of the
Panchayat Samitis of all the blocks in the district of its jurisdiction, as well
as all the Gram Panchayats under them. Moreover, it controls the
distribution of funds among all the Gram Panchayats. It is responsible for
making developmental plans at the district level. 

The Zila Parishad is headed by the Chairman. It also has a Chief

Executive Officer as a member, who is elected by the State government.
Composition of Panchayats 
All the members of the three levels in the panchayat hierarchy are
elected by the eligible voters living in the area. However, the state can
also make provisions for the representation of Members of Legislative
Assembly (MLAs) or other officials in the panchayat. As for the rules
regarding the composition of the panchayats, they have been taken care
of by the Drafters under Article 243C of the Constitution.

A large number of panchayats are constituted in a single state. It is

preferable that the ratio between the population and territory under one
panchayat and the number of seats in it be the same throughout the
state.

Each area having a single panchayat is divided into constituencies for the
purpose of conducting elections. It is also desirable that the ratio
between the population of each constituency and the number of seats
allotted to it be the same throughout the panchayat area.

Disqualifications for Membership

A person can be disqualified from the membership of the panchayat in
certain situations. As per Article 243F of the Constitution, this can happen
when the person has been disqualified from membership of the
Legislature of the Union or the State because of any reason, or if he has
been specifically disqualified from membership of the panchayat by any
law.
If a question arises regarding the disqualification of membership of any
person, then it will be solved by the authority and by the process which
the Legislature decides.

Bhanumati Etc. v. State of U.P. (2010)

Facts: 

In this case, a no-confidence motion was passed against the Chairman of

a Zila Parishad under the U.P. Panchayat Laws (Amendment) Act, 2007.
She challenged it on the grounds that a provision for no-confidence
motion could not be made under the statute as it was not mentioned in
the Constitution.

Judgement

The court dismissed the appeal, saying that the Constitution grants the
State the power to fixate specific rules regarding election and
membership. Therefore, the no-confidence motion was sustained.

Thus, this case is an example of the membership of a person to a Zila

Parishad being under threat of disqualification under existing State law,
and how the court upheld that motion.

Reservation of seats in Panchayats

The Drafters of our Constitution were aware of the reality of the rampant
discrimination in India at the time of independence – which,
unfortunately, has not completely died down even today. Keeping that in
mind, they made special provisions for the representation of marginalised
communities in the local self-government too. This was done to ensure
that women, members of the downtrodden castes, etc. in the rural areas
also get the opportunity to have their voices heard.

Article 243D of the Indian Constitution gives the provisions for

reservation of seats in the panchayats for certain communities. They
have been briefly described below.

1. Seats should be reserved for members of Scheduled Castes and

Scheduled Tribes in the panchayat, in the same proportion which
their population bears to the total population of the village.
2. At least one-third of the above-mentioned seats should be
reserved for women belonging to Scheduled Castes and
Scheduled Tribes.
3. At least one-third of the total seats in the panchayat should be
reserved for women (including the seats reserved under Clause
2).

Duration of Panchayats 
The Constitution has specified the exact duration of operation of a
panchayat in Article 243E. It states that every panchayat shall continue
to be in force for a period of 5 years unless it is dissolved earlier by any
law.

It also says that election to a panchayat should be completed before its

expiry or 6 months before its dissolution.
Powers, Authority and Responsibility of
Panchayats 
Panchayats have the power to prepare the plans and schemes for
economic development and promotion of social justice in the village. They
are responsible for preparing practical and well-thought-out plans which
will enable the furtherance of the interests of the villagers. As per Article
243G, it is the State which determines the specific scope and extent of
the powers of the panchayat in the above matters.

Some major functions of a panchayat are as follows:

1. Providing necessary facilities like sanitation and medical

assistance, schools, irrigation, roads, drinking water, etc.
2. Making annual developmental plans for the area and preparing
schemes for more scientific agriculture, employment generation,
etc.
3. Making the annual budget and managing the finances of the
area.
4. Implementing and coordinating schemes launched by the Central
and State governments, like the Public Distribution System.

Powers to impose Taxes and Funds of

Panchayats
Clearly, there are a lot of functions that a panchayat has to perform. And
as we know, nothing in this world is free; to do anything, we need
monetary resources. Where, then, do the monetary resources of the
panchayats come from?

All of us pay taxes to the government on our incomes and expenditures.

This acts as a source of revenue for the government. Some of these
funds are appropriated to the panchayats. Also, in the same way as the
government, panchayats too collect their own taxes, tolls, and fees from
the people to keep their gears running smoothly.

Article 243H mentions that the State can take decisions to:

1. Grant the requisite power to the panchayat to levy taxes, tolls,

and fees. 
2. Assign to the panchayat some of the money collected by it in
similar ways.
3. Make grants to the panchayat, or create funds for it.

Finance Commission
To make the above-discussed process of mobilisation of funds for the
panchayats easier, the Constitution has provided for the creation of a
Finance Commission by the Governor under Article 243I. Enumerated
below are the main provisions of this Article.

1. The Finance Commission appointed by the Governor would

review the financial position of the panchayat and make
recommendations in two matters: how to distribute the money
between the state and the panchayat, and how to improve the
financial position of the latter.
 2. The Legislature would decide the composition of the Commission,
the qualification of its membership, as well as the powers it
would hold.
3. The Governor shall communicate all the recommendations made
by the Commission to the state as well as the measures it should
take to implement them.

Audit of Accounts of Panchayats 

As per the Constitution of India (Article 243J), State governments have
the power to determine who will audit the accounts of panchayats and
what procedure will be followed in their own states.

Election to the Panchayats 

The provision for an election to panchayats has been enshrined in Article
243K of the Indian Constitution. It says that the Panchayat elections are
to be conducted and overseen by the State Election Commissions.
Therefore, the election rules can vary from state-to-state.

Application of this Part to Union Territories 

The Constitution states that the provisions related to panchayats shall
apply to Union Territories in the same way as in the case of the states,
but the President may, by public notification, make any modifications in
this provision.
Part IX does not apply to certain areas
There are certain areas in India that stand as exceptions to Part IX of the
Constitution. This means that the state cannot establish panchayats in
those areas. The areas which are provided as exceptions by Article
243M are mentioned below:

1. The Scheduled Areas and tribal areas in the states of Assam,

Meghalaya, Tripura, and Mizoram
2. The states of Nagaland, Meghalaya, and Mizoram
3. The hilly areas in the state of Manipur and the district of
Darjeeling.

However, the Legislature can decide to extend Part IX to some of the

above exceptions. The Constitution says that the Parliament may extend
the provisions of Part IX to Scheduled Areas mentioned in (1) above.
Also, the Legislatures of Nagaland, Meghalaya, and Mizoram may extend
Part IX to their states (except the Scheduled and tribal areas). 

Scheduled Areas have been excluded from Part IX because these

predominantly tribal areas often had their own customs of governance, or
else had been provided with other specific systems for their benefit.
However, the tribes started becoming increasingly vulnerable and lost
many of their forests, minerals, rivers, etc. to developmental projects.
Thus, an established system of self-governance was required for them.

The Provisions of the Panchayats (Extension to Scheduled Areas) Act,

1996 or PESA was the law that brought about a relaxation in exclusion of
Scheduled Areas from the 73rd Amendment. The self-governance system
was introduced in ten out of fifteen states having Scheduled Areas. 

The case of Union of India v. Rakesh Kumar saw certain challenges to

PESA.

Union of India v. Rakesh Kumar (2010)

Facts

Section 4(g) of PESA provided for the reservation of seats in a panchayat

for members of Scheduled Tribes. Also, it said that in panchayats in
Schedules Areas, only a member of Scheduled Tribes would be elected as
Chairman. In Jharkhand, the reservations in panchayats in Scheduled
Areas were supposed to be proportionate to the rest of the population
and could go up to 80%.

These provisions were challenged in this case. The argument was that the
reservations were excessive as they went against the cap of 50%
reservations held in Indira Sawhney v. Union of India (1992) and M.R.
Balaji v. State of Mysore (1963), and that they violated Article 14.

Judgement

The court held that these reservations were required to assist Scheduled
tribes. In Jharkhand, the government had obligations to Scheduled tribes
beyond the 50% cap as reservations were supposed to be proportional.
However, 80% reservation was just the upper limit and it was not
necessary to fill all those seats.
Continuance of existing laws and Panchayats:
Article 243-N
Even before the enactment of the 73rd Amendment in 1992, there
existed certain laws and provisions relating to Panchayats in various
states. Article 243N, therefore, provides that any such laws and
provisions would continue to be in force even if they were inconsistent
with Part IX of the Constitution unless they were specifically repealed or
amended by a competent Legislature or any other competent authority.

Usha Bharati v. State of U.P. (2014)

Facts

In this case, the appellant was the Adhyaksh of the Zila Parishad of
Sitapur, Uttar Pradesh. Almost 2 years after her election, a motion of no-
confidence was passed against her by the villagers, signed by 37
members, to initiate her removal. This was done in accordance with
Section 28 of the U.P. Kshetra Panchayat & Zila Panchayat Act, 1961. The
appellant challenged this, saying that no provision had been made in the
Constitution for a no-confidence motion in panchayat elections, and thus
it was illegal and invalid.

Judgement

The court said that as per Article 243N, any existing laws of the State
related to panchayats would continue to be in force unless repealed or
amended. Since the provision for a no-confidence motion in the U.P. Act
had not been repealed and instead, rather had been confirmed in other
judgments since then, it did not go against Part IX of the Constitution.

It also said that the Constitution empowered the state to make laws for
the election of Chairperson of panchayat and therefore, the no-confidence
motion in the state was also supported by it.

Courts to not interfere in electoral matters 

Article 243O of the Constitution bars courts from interfering in the
matters of panchayats, like delimitation or allotment of seats. Courts
have no jurisdiction in electoral matters of a panchayat. This means that
if there are any disputes in an election process, the court cannot step in
to resolve them. A panchayat’s elections can be questioned only by an
election petition presented before the authority that the State
government has prescribed.

PART lX-A: The Municipalities

Just like Panchayati Raj in rural areas, a system of self-governance at the
smallest units has been established in urban areas too. It was added to
the Constitution by the Constitution (Seventy-Fourth Amendment) Act,
1992, which was also known as the “Nagarpalika Act”. This allowed the
members of a particular urban locality to come together and work
towards solving the issues in their area and implementing plans for its
development. These self-government bodies are known as Municipalities.
The advantage of the municipal system is that after people have elected
their representatives, they have someone to approach for expressing
their grievances, and someone they can hold accountable for the
management of the locality. 

The Municipal system is not much different from the Panchayati system,
having only a few changed aspects that help to cater to the different
environment. Now that we have an understanding of panchayats, we can
have a quick look at municipalities given in the provisions of Part IX-A of
the Constitution (Article 243P to Article 243ZG).

Definition
The municipality has been defined in Article 243P as simply an institution
of self-government in an urban area, constituted under Article 243Q. 

It has also defined district as a district in a state; and a metropolitan area

as an area having a population of ten lakhs or more, comprising of
multiple districts and consisting of multiple municipalities or panchayats.

Constitution of Municipalities 
The Constitution, in Article 243Q, provides for the rules regarding the
constitution of municipalities. According to it, three types of municipalities
are to be created:

1. Nagar Panchayats, for transitioning areas (areas turning from

rural to urban)
2. Municipal Councils, for smaller urban areas
 3. Municipal Corporations, for larger urban areas

Most of the members of municipalities are elected, while there may be

some who are nominated by virtue of their special knowledge and
expertise. The state may also provide for representation of members of
the Legislative Assembly and Legislative Council in the municipality. 

Nagar Panchayats

Also called Notified Area Committee, it is set up in an area that does not
qualify completely as an urban area but which the government considers
important. It is set up in areas having more than 11,000 but less than
25,000 people living. 

The members of a Nagar Panchayat are called ward members. They are
headed by a Chairman.

Municipal Councils

Also called Nagar Palikas, they are established in areas having more than
1,00,000 but less than 10,00,000 people living. 

Its members are also called ward members, and they elect a President to
head them. Apart from that, the State appoints a Chief Officer and other
officers like health officer, education officer, etc. to manage the affairs of
the municipal council.

Fun fact: Uttar Pradesh has the largest number of municipal councils.
Municipal Corporations

A Municipal Corporation is also called a Nagar Nigam or a Mahanagar

Palika. It is the top tier municipality and enjoys the highest degree of
autonomy. Municipal Corporations are established in urban areas having
a population of more than 1 million.

The biggest Municipal Corporations are found in the major metropolitan

cities of India like Delhi, Mumbai, Chennai, Kolkata, etc.

Wards Committees 
For the purpose of conducting elections to the municipality, the area
under its jurisdiction is divided into Wards. These Wards also have their
own Committees, consisting of one or more wards within the area of all
municipalities having a population of 3 lakh or more.

Reservation of seats in Municipalities 

Special provisions have been made for the representation of marginalised
communities in the urban local self-governments. This has been done to
ensure that women, members of the downtrodden castes, etc. also get
the opportunity to have their voices heard.

Article 243T of the Indian Constitution gives the provisions for reservation
of seats in the municipalities for certain communities. They have been
briefly described below.
 1. Seats should be reserved for members of Scheduled Castes and
Scheduled Tribes in the municipality, in the same proportion
which their population bears to the total population of the
locality.
2. At least one-third of the above-mentioned seats should be
reserved for women belonging to Scheduled Castes and
Scheduled Tribes.
3. At least one-third of the total seats in the municipality should be
reserved for women (including the seats reserved under Clause
2).
4. The offices of the Chairpersons shall be reserved for Scheduled
Castes, Scheduled Tribes and women as the Legislature decides.

An interesting case in the matter of reservation of seats is Saraswati Devi

v. Smt. Shanti Devi and Ors. (1997).

Saraswati Devi v. Smt. Shanti Devi and Ors.

(1997)

Facts

In this case, the appellant and respondent were both women of

Scheduled Castes elected to the Municipal Committee in Loharu, Haryana.
The appellant occupied the seat reserved for Scheduled Castes while the
respondent was elected in an unreserved seat. The office of the President
was to be, as per the State, filled by a Scheduled Caste person. Both the
women wanted to contest for this post but while the appellant was
allowed to, the respondent was not, as she did not occupy a reserved
seat. 
Judgement

The court held that as the respondent was elected as a member not on a
reserved seat but a seat for General category of women, she could not be
included in the eligible Scheduled caste candidates for Presidentship.

While she did belong to the Scheduled Caste category, she and the
appellant were not in the same category for the purpose of elections.
Including her would mean that all the elected members belonging to
Scheduled Castes were in one category and thus, could contest for the
post of President, which would distort the reservation scheme given in
Article 243T of the Constitution of India.

Reservation of seats for Backward class of citizens

The Article also says that nothing in Part IX-A shall prevent the
Legislature of a State from making provisions for reservation of seats in a
Municipality for citizens belonging to backward classes. This means that
the Legislature has the opportunity to take the existing reservation
provisions forward and extend them to backward classes if it feels the
need to do so.

Duration of Municipalities
The Constitution has specified the exact duration of operation of a
municipality in Article 243U. It states that every municipality shall
continue to be in force for a period of 5 years unless it is dissolved earlier
by any law.
It also says that election to a municipality should be completed before its
expiry or 6 months before its dissolution.

Kishan Singh Tomar v. Municipal Corporation

of the City of Ahmedabad (2007)

Facts

In this case, the appellant was the Chairman of the Standing Committee

of the Ahmedabad Municipal Corporation. He filed a writ petition for the
Municipal Corporation of Ahmedabad, the government of Gujarat and the
State Election Commission to take necessary steps for holding timely
elections to the Municipal Corporation, before its approaching expiry.

The State Election Commission replied saying that since the number of
wards in Ahmedabad had been increased, which required revisal of
voters’ list in consultation with political parties, it would take 6 months to
complete the election process, and could only be done after the State’s
notification. An appeal was filed against this.

Judgement

The court acknowledged that Article 243U’s provision in this matter was
given so as to prevent mischief or delay in the election process. The State
Election Commission needed to work independently and with authority,
and complete the elections before the expiration of the duration of the
current municipal corporation in Ahmedabad.
Disqualifications for Membership
A person can be disqualified from the membership of the municipality in
certain situations. As per Article 243V of the Constitution, this can happen
when the person has been disqualified from membership of the
Legislature of the Union or the State because of any reason, or if he has
been specifically disqualified from membership of the municipality by any
law.

If the question arises regarding the disqualification of membership of any

person, then it will be solved by the authority and by the process which
the Legislature decides.

Powers, authority and responsibilities of

Municipalities
Municipalities play a very important role in regulating the affairs of the
localities – ensuring access to civic amenities and formulating plans for
development. 

As per Article 243W of the Constitution, the Legislature of the State

endows its municipalities with the authority to formulate plans for
economic development and social justice in the locality and to perform
the functions entrusted to them which are necessary for the management
of the area.

The main functions of a municipality include:

 1. Construction of buildings and regulation of land use
2. Managing the water supply
3. Protecting natural resources and regulating their use
4. Ensuring public health and proper sanitation
5. Construction of schools in the locality

Power to impose taxes and funds of the

Municipalities 
A municipality needs funds and resources to perform its wide range of
functions. There are certain methods laid-out in Article 243X of the
Constitution through which municipalities mobilise funds. The process is
very similar to the one followed by panchayats, so let’s have a quick look
at the provisions of this Article. 

The Constitution provides that the State can take decisions to:

1. Grant the requisite power to the municipality to levy taxes, tolls,

and fees. 
2. Assign to the municipality some of the money collected by it in
similar ways.
3. Make grants to the municipality, or create funds for it.

Finance Commission
Just like in the case of panchayats, the Constitution has provided for the
creation of a Finance Commission for municipalities by the Governor
under Article 243Y. Enumerated below are the main provisions of this
Article.

1. The Finance Commission appointed by the Governor shall review

the financial position of the municipality and make
recommendations in two matters: how to distribute the money
between the state and the municipality, and how to improve the
financial position of the latter.
2. The Legislature would decide the composition of the Commission,
the qualification of its membership, as well as the powers it
would hold.
3. The Governor shall communicate all the recommendations made
by the Commission to the state as well as the measures it should
take to implement them.

Audit of Accounts of the Municipalities

As per the Constitution of India (Article 243Z), State governments have
the power to determine who will audit the accounts of municipalities and
what procedure will be followed in their own states.

Election to the Municipalities

Elections to municipalities are conducted under the guidance and control
of the State Election Commission, as given in Article 243ZA. This means
that election rules in a particular municipality depend on the policy of the
government of the State in which it lies.
Application to Union Territories 
The Constitution states that the provisions related to municipalities shall
apply to Union Territories in the same way as in the case of the states,
but the President may, by public notification, make any modifications in
this provision.

Part IX-A does not apply to certain areas 

There are certain areas in India that stand as exceptions to Part IX of the
Constitution. This means that the state cannot establish municipalities in
those areas. The areas which are provided as exceptions by Article
243ZC are mentioned below:

1. The Scheduled Areas and tribal areas in the states of Assam,

Meghalaya, Tripura, and Mizoram 
2. The Darjeeling Gorkha Hill Council.

However, the Constitution also says that the Parliament can choose to
extend the provisions of Part IX to the Scheduled Areas mentioned above,
subject to certain exceptions and modifications specified by law.

Committee for District Planning

The Constitution has provided for the creation of a District Planning
Committee in every district. What does this District Planning Committee
do?
According to Article 243ZD, a Committee for District Planning is set up to
consolidate the plans made by panchayats and municipalities in a district.
It is also responsible for preparing development plans for the district,
keeping in mind the interests of both the rural and urban areas within it
and the resources available with the district. These plans are
communicated by the Chairperson of the Committee to the State
government.

This article also provides that the State Legislature decide the
composition of the Committee and how the Chairperson will be chosen, as
well as the exact functions it will perform.

Committee for Metropolitan Planning

The concept of the Metropolitan Planning Committee is very similar to
that of the District Planning Committee discussed above. Article
243ZE provides for the creation of a Committee for Metropolitan Planning
in every Metropolitan area in a state, which shall make plans for
development keeping in mind the needs of the rural and urban areas
within it (with respect to water and other natural resources,
infrastructure, etc.), implement the plans made by the Union or the State
and make investments in the metropolitan area.

This article also provides that the State Legislature decide the
composition of the Committee and how the Chairperson will be chosen, as
well as the exact functions it will perform.
Continuance of existing laws and
Municipalities
Even before the enactment of the 74th Amendment in 1992, there
existed certain laws and provisions relating to Municipalities in various
states. Article 243ZF, therefore, provides that any such laws and
provisions would continue to be in force even if they were inconsistent
with Part IX of the Constitution unless they were specifically repealed or
amended by a competent Legislature or any other competent authority.

It also states that municipalities existing before the enactment of the new
law shall continue to be in force until their expiration unless specifically
dissolved by the Legislative Assembly (and also the Legislative Council, if
it exists in the state).

Courts to not interfere in electoral matters 

Article 243ZG of the Constitution bars courts from interfering in the
matters of municipalities, like delimitation or allotment of seats. Courts
have no jurisdiction in electoral matters of a municipality.

This means that if there are any disputes in an election process, the court
cannot step in to resolve them. A municipality’s elections can be
questioned only by an election petition presented before the authority
that the State government has prescribed.
Amendment of Article 280 
A major step was taken regarding self-government bodies in tribal areas
in 2019 with the 125th Amendment to the Constitution, which sought to
change Article 280 and the Sixth Schedule. This amendment provided for
significant improvement in the financial resources and powers of the
autonomous District councils in the predominantly-tribal states of Assam,
Meghalaya, Mizoram, and Tripura.

It also provided for elected and more empowered village councils who
could prepare plans for economic development and social justice in the
area – dealing with important matters like agriculture and irrigation,
forests, etc. 

Conclusion 
The Constitution has given us elaborate and thought-out provisions that
determine the meaning and functions of local self-government and
management bodies i.e. panchayats, municipalities and co-operative
societies. This has been done to render greater decentralisation to the
governance mechanism, which enables better decision-making and faster
development. Thus, these institutions play a very important role in
improving the quality of life of citizens in rural areas and urban centres.

Through this article, we studied in detail these provisions of the

Constitution to gain more insight into the world of local self-governments.
CEO

Chief Elected Official (CEO)

The CEO can be a mayor, reeve or I.D. chairperson.

The CEO, in addition to performing a councillor's duties, must preside

when attending a council meeting, unless a bylaw provides otherwise.

The CEO must also perform any other duty imposed under the MGA
or any other enactment. In practice, the CEO is also generally the
main spokesperson for the municipality, unless that duty is delegated
to another councillor.

The CEO of a city or town is elected by a vote of a municipality's

electors, unless the council passes a bylaw requiring council to
appoint the CEO from among the councillors.

In a village, summer village, or municipal district, council appoints the

CEO from among the councillors unless it passes a bylaw providing
that the official is to be elected by a vote of the municipality's electors.

The CEO role, unless a bylaw says otherwise, includes:

 chairperson of council

 consensus seeker amongst members of council

 liaison with senior elected officials

  ex officio member on various boards and committees

 key representative with regard to ceremonial responsibilities

 liaison with other levels of government

 advice with regard to policy development

A deputy CEO will assume this role if the CEO is not available.

To learn more about elected officials visit these websites:

 Alberta Urban Municipalities Association (AUMA)

o deals with issues and services for urban municipalities

 Rural Municipalities of Alberta (RMA)

o deals with issues and services for rural municipalities

Interests of the municipality

A councillor is elected to look after the interests of the entire

municipality.

A councillor who is in a municipality that has wards must be careful

not to place the interest of the ward or electoral district above the
interest of the whole municipality.

Council's effectiveness depends on councillors providing input on their

areas while thinking and voting for the whole municipality.
Councillors also have to make certain that they do not put themselves
in a conflict of interest situation.

Chief Administrative Officer (CAO)

Every council must establish, by bylaw, a position of CAO. The council
may give the position an appropriate title, such as Town Manager or
Administrator.

The CAO is the administrative head of the municipality.

The CAO's responsibilities include:

 ensuring that the municipality's policies and programs are

implemented

 advising and informing the council on the operation of the

municipality

 performing other duties assigned by the council

 ensuring appropriate staffing is in place

Councillors work with the CAO to keep informed on what the

municipality is doing and will depend on the administration to provide
information so they can make sound decisions.

A performance appraisal system for the CAO is a key building block

for a lasting and positive relationship between council and the CAO.
Designated officers

A CAO may delegate any of his or her powers, duties, or functions to

a designated officer or to another employee.

Designated officer positions are established by bylaw and are subject

to the CAO's supervision, unless otherwise provided by bylaw.

A designated officer may also further delegate to an employee of the

municipality any of those powers, duties or functions.

Panchayati Raj System in India

The passage of the Constitution (73rd Amendment) Act, 1992 (or simply the
Panchayati Raj Act) marks a new era in the federal democratic set up of the
country. It was based on the recommendation of Balwant Rai Mehta
committee. It came into force with effect from April 24, 1993. It has a 3-tier
system of Panchayati Raj for all States having population of over 20 lakh.

Panchayats have been one of the basic features of Indian society.

As we know even Mahatma Gandhi advocated for panchayats and
village republics. Since independence, we had multiple provisions of
Panchayats in India from time to time finally reaching epitome with
the 73rd Constitutional Amendment Act of 1992.
The Act aims to provide a three-tier system of Panchayati
Raj, which consists of:
(a) Village-level Panchayats

(b) Block-level Panchayats

(c) District-level Panchayats

Main Features of the 73rd Amendment Act

 • Gram Sabha may exercise such powers and perform such
functions at the village level as the Legislature of a State may, by
law, provide.

• There shall be constituted in every State, Panchayats at the

village, intermediate and district levels in accordance with the
provisions of this Part.

 Panchayats at the intermediate level may not be constituted in a

State having a population not exceeding twenty lakhs

• All the seats in a Panchayat shall be filled by persons chosen by

direct election from territorial constituencies in the Panchayat area
and, for this purpose, each Panchayat area shall be divided into
territorial constituencies in such manner that the ratio between the
population of each constituency and the number of seats allotted to
it shall, so far as practicable, be the same throughout the Panchayat
area.

 The Legislature of a State may, by law, provide for the

representation of the Chairpersons of the Panchayats at the village
level, intermediate level or, in the case of a State not having
Panchayats at the intermediate level, in the Panchayats at the
district level
The Representation of People Act, 1951
Reservation of Seats for Scheduled Castes and Scheduled
Tribes:
Article 243 D provides that seats shall be reserved for the
Scheduled Castes and the Scheduled Tribes. In every Panchayat,
the reservation of seats shall be in proportion to their population.
Out of the seats so reserved not less than one-third of the total
number of seats reserved shall be reserved for women belonging to
the Scheduled Castes or the Scheduled Tribes respectively.

Reservation for Women- Not less than one-third of the total

number of seats reserved for women belonging to the Scheduled
Castes and the Scheduled Tribes to be filled by direct election in
every Panchayat shall be reserved for women.
Reservation of offices of Chairpersons- The offices of the
Chairpersons in the Panchayats at the village or any other level shall
be reserved for the Scheduled Castes, the Scheduled Tribes and
women in such manner as the Legislature of a State may, by law.
Disqualifications of Members:
A person shall be disqualified for being a member of a Panchayat, if
he is so disqualified by or under any law for the time being in force
for the purposes of elections to the Legislature of the State
concerned; and if he is so disqualified by or under any law made by
the Legislature of the State.

Powers, Authority and Responsibilities of Panchayat:

State Legislatures have the legislative powers to confer on
Panchayats such powers and authority as may be necessary to
enable them to function as institutions of self-government. They
may be entrusted with the responsibility of preparing plans and
implementation of schemes for economic development and social
justice.

Powers to Impose Taxes and Financial Resources

A state may by law authorise a Panchayat to levy, collect and
appropriate taxes, duties, tolls, fees etc. It can also assign to a
Panchayat various duties, taxes etc. collected by the State
Government. The grants-in-aid may be given to the Panchayats
from the Consolidated Fund of the State.

Panchayat Finance Commissions:

Within one year from the commencement of the Constitution
(73rd Amendment Act, 1992), constitute a Finance Commission, to
review the financial position of the Panchayats and to make
recommendations to the Governor.
Urban Local Bodies in India
In contemporary times, as urbanization has grown and at present,
rapidly growing, the necessity of urban governance is inevitable,
which too evolved gradually since British times and has taken a
modern shape in post-independence times. With the 74th
Amendment Act of 1992, the system of urban local governance has
been constitutionally recognized.
Main Features of the 74th Amendment Act
1. There shall be constituted in every State, (a) a Nagar Panchayat
(b) a Municipal Council for a smaller urban area; (c) a Municipal
Corporation for a larger urban area.
2. All the seats in a Municipality shall be filled by persons chosen by
direct election from the territorial constituencies in the Municipal
area known as wards.
3. The Legislature of a State may, by law, provide the
representation in a Municipality of persons having special knowledge
or experience in Municipal administration;
members of the House of the People and the members of the
Legislative Assembly of the State; members of the Council of States
and the members of the Legislative Council; the Chairpersons of the
Committees.

4. Constitution of ward committee

5. Seats shall be reserved for the Scheduled Castes and the
Scheduled Tribes in every Municipality
6. Not less than one-third of the total number of seats reserved
shall be reserved for women belonging to the Scheduled Castes and
Scheduled Tribes.
7. A State may, by law, endow the Municipalities with such powers
and authority as may be necessary to enable them to function as
institutions of self-government
8. The Legislature of a State may, by law authorise a Municipality to
levy, collect and appropriate such taxes, duties, tolls and fees.
9. There shall be constituted in every State at the district level a
District Planning Committee to consolidate the plans prepared by
the Panchayats and the Municipalities in the district and to prepare
a draft development plan for the district as a whole.
10. The Legislature of a State may, by law, make provision with
respect to the composition of the Metropolitan Planning
Committees;
Types of Urban Local Bodies
1. Municipal Corporation
2. Municipality
3. Notified Area Committee
4. Town Area Committee
5. Cantonment Board
6. Township
7. Port trust
8. Special purpose agency
So the introduction of the Panchayati Raj system was a good step in
conveying the message of the democracy to every village of the
country.

BYJUS

Panchayati Raj - 73rd Constitutional Amendment Act

A three-tier structure of the Indian administration for rural development is called Panchayati
Raj. The aim of the Panchayati Raj is to develop local self-governments in districts, zones
and villages.
This article will provide you with evolution, various committees set-up for Panchayati Raj,
salient features of the 73rd Constitutional Amendment Act, functions of Gram Panchayat.

Introduction to Panchayati Raj

Rural development is one of the main objectives of Panchayati Raj and this has been
established in all states of India except Nagaland, Meghalaya and Mizoram, in all Union
Territories except Delhi. and certain other areas. These areas include:

a. The scheduled areas and the tribal areas in the states

b. The hill area of Manipur for which a district council exists and
c. Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists

Evolution of Panchayati Raj

The Panchayati system in India is not purely a post-independence phenomenon. In fact, the
dominant political institution in rural India has been the village panchayat for centuries. In
ancient India, panchayats were usually elected councils with executive and judicial powers.
Foreign domination, especially Mughal and British, and the natural and forced socio-
economic changes had undermined the importance of the village panchayats. In the pre-
independence period, however, the panchayats were instruments for the dominance of the
upper castes over the rest of the village, which furthered the divide based on either the
socio-economic status or the caste hierarchy.
The evolution of the Panchayati Raj System, however, got a fillip after the attainment of
independence after the drafting of the Constitution. The Constitution of India in Article 40
enjoined: “The state shall take steps to organise village panchayats and endow them with
such powers and authority as may be necessary to enable them to function as units of self-
government”.
There were a number of committees appointed by the Government of India to study the
implementation of self-government at the rural level and also recommend steps in achieving
this goal.
The committees appointed are as follows:

 Balwant Rai Mehta Committee

 Ashok Mehta Committee
 G V K Rao Committee
 L M Singhvi Committee

Balwant Rai Mehta Committee & Panchayati Raj

The committee was appointed in 1957, to examine and suggest measures for better
working of the Community Development Programme and the National Extension Service.
The committee suggested the establishment of a democratic decentralised local
government which came to be known as the Panchayati Raj.
Recommendations by the Committee:

 Three-tier Panchayati Raj system: Gram Panchayat, Panchayat Samiti and Zila
Parishad.
 Directly elected representatives to constitute the gram panchayat and indirectly
elected representatives to constitute the Panchayat Samiti and Zila Parishad.
 Planning and development are the primary objectives of the Panchayati Raj system.
 Panchayat Samiti should be the executive body and Zila Parishad will act as the
advisory and supervisory body.
 District Collector to be made the chairman of the Zila Parishad.
 It also requested for provisioning resources so as to help them discharge their duties
and responsibilities.
The Balwant Rai Mehta Committee further revitalised the development of panchayats in the
country, the report recommended that the Panchayati Raj institutions can play a substantial
role in community development programmes throughout the country. The objective of the
Panchayats thus was the democratic decentralisation through the effective participation of
locals with the help of well-planned programmes. Even the then Prime Minister of India,
Pandit Jawaharlal Nehru, defended the panchayat system by saying, “. . . authority and
power must be given to the people in the villages …. Let us give power to the panchayats.”

Ashok Mehta Committee & Panchayati Raj

The committee was appointed in 1977 to suggest measures to revive and strengthen the
declining Panchayati Raj system in India.
The key recommendations are:
  The three-tier system should be replaced with a two-tier system: Zila Parishad
(district level) and the Mandal Panchayat (a group of villages).
 District level as the first level of supervision after the state level.
 Zila Parishad should be the executive body and responsible for planning at the
district level.
 The institutions (Zila Parishad and the Mandal Panchayat) to have compulsory
taxation powers to mobilise their own financial resources.

G V K Rao Committee & Panchayati Raj

The committee was appointed by the planning commission in 1985. It recognised that
development was not seen at the grassroot level due to bureaucratisation resulting in
Panchayat Raj institutions being addressed as ‘grass without roots’. Hence, it made some
key recommendations which are as follows:

 Zila Parishad to be the most important body in the scheme of democratic

decentralisation. Zila Parishad to be the principal body to manage the developmental
programmes at the district level.
 The district and the lower levels of the Panchayati Raj system to be assigned with
specific planning, implementation and monitoring of the rural developmental
programmes.
 Post of District Development Commissioner to be created. He will be the chief
executive officer of the Zila Parishad.
 Elections to the levels of Panchayati Raj systems should be held regularly.

L M Singhvi Committee & Panchayati Raj

The committee was appointed by the Government of India in 1986 with the main objective
to recommend steps to revitalise the Panchayati Raj systems for democracy and
development. The following recommendations were made by the committee:

 The committee recommended that the Panchayati Raj systems should be

constitutionally recognised. It also recommended constitutional provisions to
recognise free and fair elections for the Panchayati Raj systems.
 The committee recommended reorganisation of villages to make the gram panchayat
more viable.
 It recommended that village panchayats should have more finances for their
activities.
 Judicial tribunals to be set up in each state to adjudicate matters relating to the
elections to the Panchayati Raj institutions and other matters relating to their
functioning.
All these things further the argument that panchayats can be very effective in identifying and
solving local problems, involve the people in the villages in the developmental activities,
improve the communication between different levels at which politics operates, develop
leadership skills and in short help the basic development in the states without making too
many structural changes. Rajasthan and Andhra Pradesh were the first to adopt Panchayati
raj in 1959, other states followed them later. Though there are variations among states,
there are some features that are common. In most of the states, for example, a three-tier
structure including panchayats at the village level, panchayat samitis at the block level and
the zila parishads at the district level-has been institutionalized. Due to the sustained effort
of the civil society organisations, intellectuals and progressive political leaders, the
Parliament passed two amendments to the Constitution – the 73 rd Constitution Amendment
for rural local bodies (panchayats) and the 74 th Constitution Amendment for urban local
bodies (municipalities) making them ‘institutions of self-government’. Within a year all the
states passed their own acts in conformity to the amended constitutional provisions.
Also read: Caste system and Panchayati Raj

73rd Constitutional Amendment Act of 1992

Significance of the Act

 The Act added Part IX to the Constitution, “The Panchayats” and also added the
Eleventh Schedule which consists of the 29 functional items of the panchayats.
 Part IX of the Constitution contains Article 243 to Article 243 O.
 The Amendment Act provides shape to Article 40 of the Constitution, (directive
principles of state policy), which directs the state to organise the village panchayats
and provide them powers and authority so that they can function as self-government.
 With the Act, Panchayati Raj systems come under the purview of the justiciable part
of the Constitution and mandates states to adopt the system. Further, the election
process in the Panchayati Raj institutions will be held independent of the state
government’s will.
 The Act has two parts: compulsory and voluntary. Compulsory provisions must be
added to state laws, which includes the creation of the new Panchayati Raj systems.
Voluntary provisions, on the other hand, is the discretion of the state government.
 The Act is a very significant step in creating democratic institutions at the grassroots
level in the country. The Act has transformed the representative democracy into
participatory democracy.
Salient Features of the Act

1. Gram Sabha: Gram Sabha is the primary body of the Panchayati Raj system. It is a
village assembly consisting of all the registered voters within the area of the
panchayat. It will exercise powers and perform such functions as determined by the
state legislature. Candidates can refer to the functions of gram panchayat and gram
panchayat work, on the government official website – https://grammanchitra.gov.in/.
2. Three-tier system: The Act provides for the establishment of the three-tier system of
Panchayati Raj in the states (village, intermediate and district level). States with a
population of less than 20 lakhs may not constitute the intermediate level.
3. Election of members and chairperson: The members to all the levels of the
Panchayati Raj are elected directly and the chairpersons to the intermediate and the
 district level are elected indirectly from the elected members and at the village level
the Chairperson is elected as determined by the state government.
4. Reservation of seats:

 For SC and ST: Reservation to be provided at all the three tiers in

accordance with their population percentage.
 For women: Not less than one-third of the total number of seats to be
reserved for women, further not less than one-third of the total number of
offices for chairperson at all levels of the panchayat to be reserved for
women.
 The state legislatures are also given the provision to decide on the
reservation of seats in any level of panchayat or office of chairperson in
favour of backward classes.
Duration of Panchayat: The Act provides for a five-year term of office to all the levels of
the panchayat. However, the panchayat can be dissolved before the completion of
its term. But fresh elections to constitute the new panchayat shall be completed –

 before the expiry of its five-year duration.

 in case of dissolution, before the expiry of a period of six months from the
date of its dissolution.
Disqualification: A person shall be disqualified for being chosen as or for being a
member of panchayat if he is so disqualified –

 Under any law for the time being in force for the purpose of elections to the
legislature of the state concerned.
 Under any law made by the state legislature. However, no person shall be
disqualified on the ground that he is less than 25 years of age if he has
attained the age of 21 years.
 Further, all questions relating to disqualification shall be referred to an
authority determined by the state legislatures.
State election commission:
 The commission is responsible for superintendence, direction and control of
the preparation of electoral rolls and conducting elections for the panchayat.
 The state legislature may make provisions with respect to all matters relating
to elections to the panchayats.

8. Powers and Functions: The state legislature may endow the Panchayats with such
powers and authority as may be necessary to enable them to function as institutions
of self-government. Such a scheme may contain provisions related to Gram
Panchayat work with respect to:

 the preparation of plans for economic development and social justice.

 the implementation of schemes for economic development and social justice
as may be entrusted to them, including those in relation to the 29 matters
listed in the Eleventh Schedule.
 Finances: The state legislature may –

 Authorize a panchayat to levy, collect and appropriate taxes, duties, tolls and
fees.
 Assign to a panchayat taxes, duties, tolls and fees levied and collected by the
state government.
 Provide for making grants-in-aid to the panchayats from the consolidated fund
of the state.
 Provide for the constitution of funds for crediting all money of the panchayats.

10. Finance Commission: The state finance commission reviews the financial position of
the panchayats and provides recommendations for the necessary steps to be taken
to supplement resources to the panchayat.
11. Audit of Accounts: State legislature may make provisions for the maintenance and
audit of panchayat accounts.
12. Application to Union Territories: The President may direct the provisions of the Act to
be applied on any union territory subject to exceptions and modifications he
specifies.
13. Exempted states and areas: The Act does not apply to the states of Nagaland,
Meghalaya and Mizoram and certain other areas. These areas include,

 The scheduled areas and the tribal areas in the states

 The hill area of Manipur for which a district council exists
 Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council
exists.
However, Parliament can extend this part to these areas subject to the
exception and modification it specifies. Thus, the PESA Act was enacted.
Continuance of existing law: All the state laws relating to panchayats shall continue to
be in force until the expiry of one year from the commencement of this Act. In other
words, the states have to adopt the new Panchayati raj system based on this Act
within the maximum period of one year from 24 April 1993, which was the date of the
commencement of this Act. However, all the Panchayats existing immediately before
the commencement of the Act shall continue till the expiry of their term, unless
dissolved by the state legislature sooner.
Bar to interference by courts: The Act bars the courts from interfering in the electoral
matters of panchayats. It declares that the validity of any law relating to the
delimitation of constituencies or the allotment of seats to such constituencies cannot
be questioned in any court. It further lays down that no election to any panchayat is
to be questioned except by an election petition presented to such authority and in
such manner as provided by the state legislature.

PESA Act of 1996

The provisions of Part IX are not applicable to the Fifth Schedule areas. The Parliament can
extend this Part to such areas with modifications and exceptions as it may specify. Under
these provisions, Parliament enacted Provisions of the Panchayats (Extension to the
Scheduled Areas) Act, popularly known as PESA Act or the extension act.
Objectives of the PESA Act:

1. To extend the provisions of Part IX to the scheduled areas.

2. To provide self-rule for the tribal population.
3. To have village governance with participatory democracy.
4. To evolve participatory governance consistent with the traditional practices.
5. To preserve and safeguard traditions and customs of tribal population.
6. To empower panchayats with powers conducive to tribal requirements.
7. To prevent panchayats at a higher level from assuming powers and authority of
panchayats at a lower level.

As a result of these constitutional steps taken by the union and state governments, India
has moved towards what has been described as ‘multi-level federalism’, and more
significantly, it has widened the democratic base of the Indian polity. Before the
amendments, the Indian democratic structure through elected representatives was
restricted to the two houses of Parliament, state assemblies and certain union territories.
The system has brought governance and issue redressal to the grassroot levels in the
country but there are other issues too. These issues, if addressed, will go a long way in
creating an environment where some of the basic human rights are respected.
After the new generation of panchayats had started functioning, several issues have come
to the fore, which have a bearing on human rights. The important factor which has
contributed to the human rights situation vis-a-vis the panchayat system is the nature of
Indian society, which of course determines the nature of the state. Indian society is known
for its inequality, social hierarchy and the rich and poor divide. The social hierarchy is the
result of the caste system, which is unique to India. Therefore, caste and class are the two
factors, which deserve attention in this context.
Thus, the local governance system has challenged the age old practices of hierarchy in the
rural areas of the country particularly those related to caste, religion and discrimination
against women.

UPSC Questions related to Panchayati Raj

Who is the father of Panchayati Raj?

Balwant Rai Mehta was a parliamentarian who is credited for pioneering the concept of the
Panchayati Raj in India and was also known as the ‘Father of Panchayati Raj’.

What is the importance of Panchayati Raj?

Panchayati Raj institutes village local government that plays a significant role in the
development of villages especially in areas like primary education, health, agricultural
developments, women and child development and women participation in local government,
etc.

Which state in India has no Panchayati Raj institution?

All states of India have Panchayati Raj systems except Nagaland, Meghalaya and Mizoram,
in all Union Territories except Delhi; and certain other areas.

What are the features of Panchayati Raj?

1. Gram Sabha: Gram Sabha is the primary body of the Panchayati Raj system. It is a
village assembly consisting of all the registered voters within the area of the
panchayat.
2. Three Tier System: village, intermediate and district levels.
3. Election of members and chairperson: The members to all the levels of the
Panchayati Raj are elected directly and the chairpersons to the intermediate and the
district levels are elected indirectly.

ROLE AND FUNCTION OF ELECTION COMMISSION

Election Commission of India plays a crucial role in organising elections. The most
significant role of the Election Commission of India is to ensure free and fair
elections as per the norms and the Model Code of Conduct. It is in charge of
monitoring the actions and activities of the political parties and candidates and try to
ensure free, fair and transparent elections in India.

Functions of Election Commission of India:

1. Election Commission of India superintendents, direct and control the entire

process of conducting elections to Parliament and Legislature of every State
and to the offices of President and Vice-President of India.

2. The most important function of the commission is to decide the election

schedules for the conduct of periodic and timely elections, whether general or
bye-elections.

3. It prepares electoral roll, issues Electronic Photo Identity Card (EPIC).

4. It decides on the location polling stations, assignment of voters to the polling

stations, location of counting centres, arrangements to be made in and around
polling stations and counting centres and all allied matters.
 5. It grants recognition to political parties & allot election symbols to them along
with settling disputes related to it.

6. The Commission also has advisory jurisdiction in the matter of post election
disqualification of sitting members of Parliament and State Legislatures.

7. It issues the Model Code of Conduct in election for political parties and
candidates so that the no one indulges in unfair practice or there is no arbitrary
abuse of powers by those in power.

8. It sets limits of campaign expenditure per candidate to all the political parties,
and also monitors the same.

How Election Commission ensure free and fair elections in India?

1. Election Commission ensure free and fair election by enforcing and

maintaining a model code of conduct before elections and punishes any
candidate or party that violates it.

2. The Commission had gone to the extent of disciplining the political parties with
a threat of de-recognising if the parties failed in maintaining inner-party
democracy.

3. It upholds the values enshrined in the Constitution viz, equality, equity,

impartiality, independence; and rule of law in superintendence, direction, and
control over the electoral governance.

4. It conducts elections with the highest standard of credibility, freeness, fairness,

transparency, integrity, accountability, autonomy and professionalism.

5. It ensures participation of all eligible citizens in the electoral process in an

inclusive voter-centric and voter-friendly environment.

6. It engages with political parties and all stakeholders in the interest of the
electoral process.

7. It creates awareness about the electoral process and electoral governance

amongst stakeholders namely, voters, political parties, election functionaries,
 candidates and people at large; and to enhance and strengthen confidence
and trust in the electoral system of this country.

8. During the times of elections, it can order the government to follow some
guidelines towards making the elections free and fair.

9. At the time of election duty, the government officers work under the control of
EC and not the ruling party.

10.The Commission approaches the government well in advance to obtain the

names of senior officers for the purpose of appointment as observers before
any election.

11.Commission via SVEEP, ECI engages more and more voters in the electoral
process and ensure their ethical and inducement-free participation in voting.

For the last 15 years, the EC is exercising its powers to full potential and has even
increased them. Today the free and fair elections are just because of the working of
EC. The internal system of monitoring by neutral and senior government officers has
become time tested and been proving to be very useful during elections. Over the
years influence of money and criminal elements in politics has increased along with
violence and electoral malpractices resulting in criminalisation of politics. The ECI
has been able to arrest this but not completely

Election commission of India ( EIC )

Updated on Jan 04, 2021 - 04:30:20 PM
The Election Commission of India (ECI) is a self-governing constitutional body
which oversees the election process in India as per the Constitution of India.
The ECI was set up on January 25 1950, with the aim of defining and
controlling the multi-tiered election process in our country. The Election
Commission of India administers the election process from the President of
India to the State Legislative Assembly.
As per Article 324 of the Indian ConstItution, ECI has the supervisory and
directional control of the complete process election to Parliament and
Legislature of every State and to the office of the President and the Vice-
President of India.
 1. Structure
2. Appointment & Tenure of Commissioners
3. Advisory and Quasi-Judiciary Powers
4. Administrative Powers
5. Role of Election Commission of India
6. Functions of the Election Commission of India
7. Model Code of Conduct

1. Structure
The ECI consists of a Chief Election Commissioner and 2 other Election
Commissioners. The multi-member ECI works on the power of majority vote.

2. Appointment & Tenure of

Commissioners
 The Chief Election Commissioner and the Election Commissioner are
appointed by the President of India.
 Each of them holds their offices for a period of 6 years or up to the age
of 65 years, whichever comes first.
 They receive the same perks and pay as Supreme Court Judges.
 The only way a Chief Election Commissioner can be removed from
office is upon an order of the President supported by the Parliament.
 The Election Commissioner or Regional Commissioner can only be
removed from office by the Chief Election Commissioner.

3. Advisory and Quasi-Judiciary Powers

 The Election Commission of India has advisory jurisdiction in terms of
post-election ineligibility of sitting members of the Parliament and State
Legislature.
 Cases where an individual is found guilty of malpractice at elections by
the Supreme Court or High Courts are referred to the ECI for its opinion
of the said person’s disqualification. In such cases, the judgement
passed by the ECI is final and binding on the President of India or the
Governor as per jurisdiction.
  The Election Commission of India also has the power to ban any
candidate who has not lodged an account of election expenses by the
deadline and as per the law.
 ECI can also remove or reduce the period of disqualification as per the
law.

4. Administrative Powers
 Allotting territorial areas for electoral constituencies in the country
 Organise and amend electoral rolls and register eligible voters
 Inform dates and schedule of elections and scrutinize nomination
papers
 Give recognition to political parties and assign election symbols to them.
 ECI appoints the following seats:
o Chief Electoral Officer
o District Election Officer
o Returning Officer
o Electoral Registration Officer

5. Role of Election Commission of India

ECI plays a crucial role in organising elections. The most significant role of the
Election Commission of India is to ensure free and fair elections as per the
norms and the Model Code of Conduct. It is in charge of monitoring the
actions and activities of the political parties and candidates.

6. Functions of the Election Commission of

India
 ECI is responsible for a free and reasonable election
 It ensures that political parties and candidates adhere to the Model
Code of Conduct
 Regulates parties and registers them as per eligibility to contest in
elections
 Proposes the limit of campaign expenditure per candidate to all parties
and monitors the same.
  It is mandatory for all political parties to submit annual reports to the ECI
in order to be able to claim the tax benefit on the contributions.
 Guarantees that all political parties regularly submit audited financial
reports.

The main duties of the Election Commission are:

 Supervise, control and conduct all elections to Parliament and State

Legislatures
 Set general rules for election.
 Prepare electoral rolls
 Determine territorial distribution of constituencies
 Give credit to political parties.
 Allot election symbols to political parties or candidates
 Appoint tribunals for the decision of doubts and disputes arising out of
an election to Parliament and State Legislatures.

7. Model Code of Conduct

EC first issued a Model Code of Conduct for political parties at the time of the
fifth general elections, held in 1971. Since then, the Code has been revised
from time to time and lays down guidelines as to how political parties and
candidates should conduct themselves during elections.
A provision was made under the Code that from the time the elections
are announced by the Commission, Ministers and other authorities
cannot announce any financial grant, make promises of construction of
roads, carry out any appointments in government and public
undertakings which may have the effect of influencing the voters in
favor of the ruling party.
Despite the acceptance of the Code of Conduct by political parties, cases of
its violation have been on the rise. It is a general complaint that the party in
power at the time of elections misuses the official machinery to further the
electoral prospects of its candidates.
The misuse of official machinery takes different forms, such as issue of
advertisements at the cost of public exchequer, misuse of official mass media
during election period for partisan coverage of political news and publicity
regarding their achievements, misuse of government transport including
aircraft/helicopter, vehicles.
Election karane ki responsibility hoti hai -Election Commission
Election Commission of India is a permanent Constitutional body. Originally
the commission had only a Chief Election Commissioner. It currently consists
of Chief Election Commissioner and two Election Commissioners.
Powers of Election Commission: Article 324(1) confers the power of
superintendence direction, control and conduct of all election includes the
preparation of electoral rolls to the Houses of Parliament and State Lower
Assemblies and to the offices of President and Vice-President.
The Election Commission is also given the responsibility of holding fair and
free election in the country. Armed with its power under article 324(2) the
Election Commission has taken measures in the form of Executive orders
namely:
(i) Conduct of Election Rules 1961.
(ii) Election Symbols (Reservation and Allotment).The Supreme Court also
held that the power conferred on Election Commission under article 324(1) is
plenary in nature (uncontrolled by the Executive).
The Supreme Court has also clarified that the Election Commission cannot
defy the law made by Parliament; armed with the powers under article 324 nor
the Election Commission can act arbitrarily. Its decision is subject to Judicial
Review. Further, its powers are to be used in supplement to but not to
supplant (suppress) a valid law made by the legislature. The responsibility of
holding elections and deciding on the election schedule is given to the sole
authority of the Election Commission. 
Chief Election Commissioner: The President of India appoints the Chief
Election Commissioner and two Election Commissioners.

Service conditions of Chief Election Commissioner: Chief Election

Commission shall be appointed for a term of 6 years or till he attain an age of
65 years or which of the two is earlier.He is ineligible for reappointment after
his retirement.He is ineligible to hold any office of profit under the State after
his retirement. His salary, allowances and pensions are charged under
Consolidated Fund of India (CFI).His salaries, allowances and pensions
cannot be reduced except during a financial emergency.
Election Commissioners:The Election Commissioners are appointed by the
President and the President need not have to consult Chief Election
Commissioner in this regard. However the Election Commissioners shall not e
removed except on the recommendation of Chief Election Commissioner. An
Election Commissioner is appointed for a term of 6 years or till he attains the
age of 65 years, whichever is earlier.An Election Commissioner is eligible to
be appointed as Chief Election Commissioner provided cumulatively his term
 as CEC and Election Commissioner shall not exceed 6 years.He is not eligible
to hold any office of profit after his retirement.
The role of the CEC in the removal of an Election Commissioner: Article
324(5) states that an Election Commissioner shall not be removed except on
the recommendation of the Chief Election Commissioner.

Urban Local Government: Composition, Functions, Problems

Urban Local government implies the governance of an urban area by the people through their
elected representatives. 74th Constitutional Amendment Act, 1992 provided constitutional status
to local urban bodies.

74th Constitutional Amendment

This act added a new part IX-A to the Constitution entitled as ‘The Municipalities’ and a new
Twelfth Schedule containing 18 functional items for municipalities. The main provisions of this
Act can be grouped under two categories–compulsory and voluntary. Some of the compulsory
provisions which are binding on all States are:

1. Constitution of Nagar panchayats, municipal councils and municipal corporations in

transitional areas (areas in transition from a rural area to urban area), smaller urban areas and
larger urban areas respectively;
2. Reservation of seats in urban local bodies for Scheduled Castes / Scheduled Tribes roughly
in proportion to their population;
3. Reservation of seats for women up to one-third seats;
4. The State Election Commission, constituted in order to conduct elections in the panchayati raj
bodies (see 73rd Amendment) will also conduct elections to the urban local self- governing
bodies;
5. The State Finance Commission, constituted to deal with financial affairs of the Panchayati Raj
bodies will also look into the financial affairs of the local urban self governing bodies;
6. Tenure of urban local self-governing bodies is fixed at five years and in case of earlier
dissolution fresh elections are to be held within six months;

Some of the voluntary provisions which are not binding, but are expected to be observed by the
States are:

1. Giving representation to members of the Union and State Legislatures in these bodies;
2. Providing reservation for backward classes;
3. Giving financial powers in relation to taxes, duties, tolls and fees etc;
4. Making the municipal bodies autonomous and devolution of powers to these bodies to perform
some or all of the functions enumerated in the Twelfth Schedule added to the Constitution
through this Act and/or to prepare plans for economic development.

In accordance with the 74th Amendment, municipal corporations and municipalities (municipal
boards or municipal committees) are now regulated in a fairly uniform manner in all the States.
However, one must remember that local self-government continues to be a subject in the State
List.

Thus, the 73rd and 74th amendments provide a framework for the States in respect of local
government. Thus, each State has its own Election Commission which conducts elections to all
local bodies after regular intervals of five years.

Each State has its Finance Commission to regulate finances of the local bodies. Seats are
reserved in the corporations and municipalities for Scheduled Castes and Tribes. One-third seats
are reserved for women in all local bodies – urban and rural.

Composition
The Municipal bodies are constituted of persons chosen by direct election from the territorial
constituencies (known as wards) in the municipal area.

However, the Legislature of a State may, by law, provide for the representation in a municipal
body of persons having special knowledge or experience of municipal administration, the
members of Rajya Sabha, Lok Sabha and the members of Legislative Council and Legislative
Assembly of the State, representing constituencies, which comprise wholly or partly the
Municipal Area.The state legislature may also provide the manner of the election of the
Chairpersons of a municipality.

The state legislature may also provide the manner of the election of the Chairpersons of a
municipality.

Empowerment of weaker sections of society and women by reserving seats for such groups is
one of the important constitutional provisions of the Constitutional Amendment.

The offices of chairperson are also reserved for SC/ST and women. Thus, at least one year, out
of five year duration of Municipal Corporation of Delhi, the office of Mayor is reserved for a
woman, and for one year is reserved for a Councillor of Scheduled Caste. It gives a term of five
years to the municipalities and if any of them is to be dissolved, it must be given an opportunity
of being heard.

Functions of Urban Local Bodies

It is a common practice to divide the organisation of a corporation or a municipality into two
parts:

(a) deliberative and (b) executive part

The corporation, council or municipal board or council consisting of the elected representatives
of the people constitutes the deliberative part. It acts like a legislature.
 It discusses and debates on general municipal policies and performance, passes the budget of the
urban local body, frames broad policies relating to taxation, resources raising, pricing of services
and other aspects of municipal administration.

It keeps an eye on municipal administration and holds the executive accountable for what is done
or not done. For instance, if water supply is not being properly managed, or there is an outbreak
of an epidemic, the deliberative wing criticises the role of the administration and suggests
measures for improvement.

The executive part of municipal administration is looked after by the municipal officers and
other permanent employees. In the corporations, the Municipal Commissioner is the executive
head, and all other departmental officers like engineers, finance officers, health officers etc.
function under his/her control and supervision.

In a large corporation, such as Delhi or Mumbai Municipal Corporation, the Commissioner is

usually a senior IAS officer. In municipalities, the executive officer holds a similar position and
looks after the overall administration of a municipality.

Municipal functions are generally classified into obligatory and discretionary types.

The obligatory (compulsory) functions are those that the municipal body must perform. In this
category fall such functions as water supply; construction and maintenance of roads, streets,
bridges, subways and other public works, street lighting; drainage and sewerage; garbage
collection and disposal; prevention and control of epidemics.

Some other obligatory functions are public vaccination and inoculation; maintenance of hospitals
and dispensaries including maternity and child welfare centres; checking food adulteration;
removal of slums; supply of electricity; maintenance of cremation and burial grounds; and town
planning. In some States some of these functions may be taken over by State Government.

The discretionary functions are those that a municipal body may take up if funds permit. These
are given less priority. Some of the discretionary functions are construction and maintenance of
rescue homes and orphanages, housing for low income groups, organising public receptions,
provision of treatment facilities, etc.

Type of urban governments

There are eight types of urban governments in India.

1. Municipal Corporation: Municipal corporations are created for the administration of big cities
like Delhi, Mumbai, Hyderabad and others. A Municipal Corporation has three authorities
namely, the council (legislative wing of the corporation), the standing committee (to facilitate the
working of the council) and the commissioner (chief executive authority of the corporation).The
council consist of councillors directly elected by people and is headed by a Mayor while the
Commissioner is appointed by state government and is generally an IAS officer.
2. Municipality: The municipalities are established for the administration of towns and smaller
cities. They are known by various other names like municipal council, municipal committee,
 municipal board, borough municipality, city municipality and others. In composition they are
quite similar to municipal corporations except that head of council is called President /chairman
and in place of commissioner they have a chief executive officer/chief municipal officer.
3. Notified Area Committee: A notified area committee is created for the administration of two
types of areas- a fast developing town due to industrialisation, and a town which does not yet
fulfill all the conditions necessary for the constitution of a municipality, but which otherwise is
considered important by the state government. It is called so because it is created by a
notification and unlike the municipality it is an entirely nominated body, i.e. all members,
including the Chairman, are nominated by the state government. Thus, it is neither a statutory
body (created by law) nor an elected body.
4. Town Area Committee: It is set up by a separate act of state legislature for the administration of
a small town. It is a semi-municipal authority entrusted with limited number of civic functions. It
may be wholly elected or wholly nominated or partly elected and partly nominated as provided
by state government.
5. Cantonment Board: It is established for municipal administration for civilian population in the
cantonment areas (area where military forces and troops are permanently stationed). It is set up
under the provisions of the Cantonment Act, 2006 by central government and works under
Defence ministry of central government. It is partly elected and partly nominated body having
the Military officer commanding the station as its ex-officio President. Vice president is elected
amongst by the elected members of board. The executive officer of the cantonment board is
appointed by the President of India.,
6. Township: It is established by large public enterprises to provide civic amenities to its staff and
workers, who live in the housing colonies built near the plant. It is not an elected body and all
members, including the town administrator, is appointed by the enterprise itself.
7. Port Trust: The port trusts are established in the port areas like Mumbai, Kolkata, Chennai and
so on for two purposes: (a) to manage and protect the ports; (b) to provide civic amenities. It is
created by an Act of Parliament and it consists of both elected and nominated members.
8. Special Purpose Agency: The states have set up certain agencies to undertake designated
activities or specific functions that legitimately belong to the domain of municipal corporations,
municipalities or other local urban governments. In other words, these are function based, not
area based. They are known as ‘single purpose’, ‘uni-purpose’ or ‘special purpose’ or ‘functional
local bodies’ like town improvement trust, housing boards, pollution control boars etc. They are
established as statutory bodies by an act of state legislature or as departments by an executive
resolution. They function as an autonomous body and are not subordinate agencies to local
municipal bodies.

Problem areas of Municipal Bodies

1. Disqualifications of members of Municipal Bodies follow in principle the practice followed in

state legislature disqualifications. But since it is governed by the state legislature who can make
laws regarding the same,it is not consistent in all states and that leads to a lot of disparity and non
– security among members.
2. Election expenses and code of conduct to be better regulated and more powers should be
given to the State election commission to do the same.
3. The Municipal Councils/ Municipalities have restricted local autonomy as compared to the
Municipal Corporations; with more pervasive state control that often climax in dissolution of the
former.
4. Lack of Finance due to reluctance of the state and central legislators not wanting to divest
further taxation and grants powers to them more than what they already have for fear of loss of
power. And the municipal bodies fear increasing tax or asking for new tax collection options for
loss of popularity among people.
5. Local bodies are created by state governments and therefore can be dissolved by them as
well if not dancing as per their tunes.
6. In addition to the above is the drawing of rural people and other city people to a place where
there is rapid urbanization through industrialization. Law and order becomes difficult to
maintain, slums develop etc. leading to additional problems for these already stressed out urban
local governance bodies.
7. In spite of many central and state committees sitting and recommending better financial and
administrative autonomy for the Municipal bodies, there has been no concrete effort from the
legislator’s side to implement the same.
8. The power now seems to have shifted from the state governments to the financial
institutions, international donors and credit rating agencies. Finally, the capacity of the
government to generate employment directly through anti-poverty programs would remain
limited. Thus anti-poverty programs should primarily be focused on provision of basic amenities.
9. Lack of consistent and coherent urban development policy, faulty and improper urban
planning coupled with poor implementation and regulation are big challenges for municipalities.
10. Lack of proper monitoring system in place results in inefficient and improper functioning of
Local Urban Bodies.

Urban Local Government: Composition, Functions, Problems

 Post authorBy B2B
 Post dateSeptember 20, 2017
 1 Commenton Urban Local Government: Composition, Functions, Problems

Urban Local government implies the governance of an urban area by

the people through their elected representatives. 74th Constitutional
Amendment Act, 1992 provided constitutional status to local urban
bodies.
74th Constitutional Amendment
This act added a new part IX-A to the Constitution entitled as ‘The
Municipalities’ and a new Twelfth Schedule containing 18 functional
 items for municipalities. The main provisions of this Act can be
grouped under two categories–compulsory and voluntary. Some of the
compulsory provisions which are binding on all States are:

1. Constitution of Nagar panchayats, municipal councils and

municipal corporations in transitional areas (areas in transition from
a rural area to urban area), smaller urban areas and larger urban
areas respectively;
2. Reservation of seats in urban local bodies for Scheduled Castes /
Scheduled Tribes roughly in proportion to their population;
3. Reservation of seats for women up to one-third seats;
4. The State Election Commission, constituted in order to conduct
elections in the panchayati raj bodies (see 73rd Amendment) will also
conduct elections to the urban local self- governing bodies;
5. The State Finance Commission, constituted to deal with financial
affairs of the Panchayati Raj bodies will also look into the financial
affairs of the local urban self governing bodies;
6. Tenure of urban local self-governing bodies is fixed at five years
and in case of earlier dissolution fresh elections are to be held within
six months;

Some of the voluntary provisions which are not binding, but are
expected to be observed by the States are:

1. Giving representation to members of the Union and State Legislatures

in these bodies;
2. Providing reservation for backward classes;
3. Giving financial powers in relation to taxes, duties, tolls and fees etc;
4. Making the municipal bodies autonomous and devolution of powers to
these bodies to perform some or all of the functions enumerated in the
Twelfth Schedule added to the Constitution through this Act and/or to
prepare plans for economic development.

In accordance with the 74th Amendment, municipal corporations and

municipalities (municipal boards or municipal committees) are now
regulated in a fairly uniform manner in all the States. However, one
must remember that local self-government continues to be a subject in
the State List.
Thus, the 73rd and 74th amendments provide a framework for the
States in respect of local government. Thus, each State has its own
Election Commission which conducts elections to all local bodies after
regular intervals of five years.

Each State has its Finance Commission to regulate finances of the

local bodies. Seats are reserved in the corporations and municipalities
for Scheduled Castes and Tribes. One-third seats are reserved for
women in all local bodies – urban and rural.
Composition
The Municipal bodies are constituted of persons chosen by direct
election from the territorial constituencies (known as wards) in the
municipal area.

However, the Legislature of a State may, by law, provide for the

representation in a municipal body of persons having special
knowledge or experience of municipal administration, the members of
Rajya Sabha, Lok Sabha and the members of Legislative Council and
Legislative Assembly of the State, representing constituencies, which
comprise wholly or partly the Municipal Area.The state legislature may
also provide the manner of the election of the Chairpersons of a
municipality.

The state legislature may also provide the manner of the election of
the Chairpersons of a municipality.

Empowerment of weaker sections of society and women by reserving

seats for such groups is one of the important constitutional provisions
of the Constitutional Amendment.

The offices of chairperson are also reserved for SC/ST and women.
Thus, at least one year, out of five year duration of Municipal
Corporation of Delhi, the office of Mayor is reserved for a woman, and
for one year is reserved for a Councillor of Scheduled Caste. It gives a
term of five years to the municipalities and if any of them is to be
dissolved, it must be given an opportunity of being heard.
Functions of Urban Local Bodies
It is a common practice to divide the organisation of a corporation or a
municipality into two parts:

(a) deliberative and (b) executive part

The corporation, council or municipal board or council consisting of

the elected representatives of the people constitutes the deliberative
part. It acts like a legislature.

It discusses and debates on general municipal policies and

performance, passes the budget of the urban local body, frames broad
policies relating to taxation, resources raising, pricing of services and
other aspects of municipal administration.

It keeps an eye on municipal administration and holds the executive

accountable for what is done or not done. For instance, if water supply
is not being properly managed, or there is an outbreak of an epidemic,
the deliberative wing criticises the role of the administration and
suggests measures for improvement.

The executive part of municipal administration is looked after by the

municipal officers and other permanent employees. In the
corporations, the Municipal Commissioner is the executive head, and
all other departmental officers like engineers, finance officers, health
officers etc. function under his/her control and supervision.

In a large corporation, such as Delhi or Mumbai Municipal

Corporation, the Commissioner is usually a senior IAS officer. In
municipalities, the executive officer holds a similar position and looks
after the overall administration of a municipality.

Municipal functions are generally classified

into obligatory and discretionary types.

The obligatory (compulsory) functions are those that the municipal

body must perform. In this category fall such functions as water
supply; construction and maintenance of roads, streets, bridges,
 subways and other public works, street lighting; drainage and
sewerage; garbage collection and disposal; prevention and control of
epidemics.

Some other obligatory functions are public vaccination and

inoculation; maintenance of hospitals and dispensaries including
maternity and child welfare centres; checking food adulteration;
removal of slums; supply of electricity; maintenance of cremation and
burial grounds; and town planning. In some States some of these
functions may be taken over by State Government.

The discretionary functions are those that a municipal body may take
up if funds permit. These are given less priority. Some of the
discretionary functions are construction and maintenance of rescue
homes and orphanages, housing for low income groups, organising
public receptions, provision of treatment facilities, etc.
Type of urban governments
There are eight types of urban governments in India.

1. Municipal Corporation: Municipal corporations are created for the

administration of big cities like Delhi, Mumbai, Hyderabad and others.
A Municipal Corporation has three authorities namely, the council
(legislative wing of the corporation), the standing committee (to
facilitate the working of the council) and the commissioner (chief
executive authority of the corporation).The council consist of
councillors directly elected by people and is headed by a Mayor while
the Commissioner is appointed by state government and is generally
an IAS officer.
2. Municipality: The municipalities are established for the administration
of towns and smaller cities. They are known by various other names
like municipal council, municipal committee, municipal board, borough
municipality, city municipality and others. In composition they are quite
similar to municipal corporations except that head of council is called
President /chairman and in place of commissioner they have a chief
executive officer/chief municipal officer.
3. Notified Area Committee: A notified area committee is created for
the administration of two types of areas- a fast developing town due to
 industrialisation, and a town which does not yet fulfill all the conditions
necessary for the constitution of a municipality, but which otherwise is
considered important by the state government. It is called so because
it is created by a notification and unlike the municipality it is an entirely
nominated body, i.e. all members, including the Chairman, are
nominated by the state government. Thus, it is neither a statutory
body (created by law) nor an elected body.
4. Town Area Committee: It is set up by a separate act of state
legislature for the administration of a small town. It is a semi-municipal
authority entrusted with limited number of civic functions. It may be
wholly elected or wholly nominated or partly elected and partly
nominated as provided by state government.
5. Cantonment Board: It is established for municipal administration for
civilian population in the cantonment areas (area where military forces
and troops are permanently stationed). It is set up under the
provisions of the Cantonment Act, 2006 by central government and
works under Defence ministry of central government. It is partly
elected and partly nominated body having the Military officer
commanding the station as its ex-officio President. Vice president is
elected amongst by the elected members of board. The executive
officer of the cantonment board is appointed by the President of India.,
6. Township: It is established by large public enterprises to provide civic
amenities to its staff and workers, who live in the housing colonies
built near the plant. It is not an elected body and all members,
including the town administrator, is appointed by the enterprise itself.
7. Port Trust: The port trusts are established in the port areas like
Mumbai, Kolkata, Chennai and so on for two purposes: (a) to manage
and protect the ports; (b) to provide civic amenities. It is created by an
Act of Parliament and it consists of both elected and nominated
members.
8. Special Purpose Agency: The states have set up certain agencies to
undertake designated activities or specific functions that legitimately
belong to the domain of municipal corporations, municipalities or other
local urban governments. In other words, these are function based,
not area based. They are known as ‘single purpose’, ‘uni-purpose’ or
‘special purpose’ or ‘functional local bodies’ like town improvement
trust, housing boards, pollution control boars etc. They are established
 as statutory bodies by an act of state legislature or as departments by
an executive resolution. They function as an autonomous body and
are not subordinate agencies to local municipal bodies.
Problem areas of Municipal Bodies

1. Disqualifications of members of Municipal Bodies follow in principle

the practice followed in state legislature disqualifications. But since it
is governed by the state legislature who can make laws regarding the
same,it is not consistent in all states and that leads to a lot of disparity
and non – security among members.
2. Election expenses and code of conduct to be better regulated and
more powers should be given to the State election commission to do
the same.
3. The Municipal Councils/ Municipalities have restricted local
autonomy as compared to the Municipal Corporations; with more
pervasive state control that often climax in dissolution of the former.
4. Lack of Finance due to reluctance of the state and central legislators
not wanting to divest further taxation and grants powers to them more
than what they already have for fear of loss of power. And the
municipal bodies fear increasing tax or asking for new tax collection
options for loss of popularity among people.
5. Local bodies are created by state governments and therefore can
be dissolved by them as well if not dancing as per their tunes.
6. In addition to the above is the drawing of rural people and other
city people to a place where there is rapid urbanization through
industrialization. Law and order becomes difficult to maintain, slums
develop etc. leading to additional problems for these already stressed
out urban local governance bodies.
7. In spite of many central and state committees sitting and
recommending better financial and administrative autonomy for the
Municipal bodies, there has been no concrete effort from the
legislator’s side to implement the same.
8. The power now seems to have shifted from the state
governments to the financial institutions, international donors
and credit rating agencies. Finally, the capacity of the government to
generate employment directly through anti-poverty programs would
 remain limited. Thus anti-poverty programs should primarily be
focused on provision of basic amenities.
9. Lack of consistent and coherent urban development policy, faulty
and improper urban planning coupled with poor implementation and
regulation are big challenges for municipalities.
10. Lack of proper monitoring system in place results in inefficient
and improper functioning of Local Urban Bodies.