Introduction
Panchayati Raj refers to the system of rural local self-government in India. It represents the democratic decentralization of power at the grassroots level.
The objective of Panchayati Raj is to enable people in rural areas to participate directly in governance and development.
The Panchayati Raj system was given constitutional status through the 73rd Constitutional Amendment Act, 1992, which came into force on 24 April 1993.
This amendment added Part IX of the Constitution (Articles 243–243O) and the Eleventh Schedule, which contains 29 subjects related to rural development.
Today, Panchayati Raj institutions function as the third tier of government after the Union and State governments.
Historical Background of Panchayati Raj
The idea of village self-government has deep roots in Indian history.
Ancient Indian villages had councils known as panchayats, which managed local administration and resolved disputes.
However, during the British period, traditional village institutions declined.
After independence, the Government of India recognized the need to strengthen local self-government.
Community Development Programme (1952)
In 1952, the government launched the Community Development Programme to promote rural development.
However, the programme failed to achieve desired results because local people were not actively involved.
National Extension Service (1953)
To improve rural administration, the National Extension Service was introduced in 1953.
Despite these efforts, local participation remained weak.
This led the government to appoint committees to study the issue.
Balwant Rai Mehta Committee (1957)
The Balwant Rai Mehta Committee was appointed in 1957 to examine the functioning of the Community Development Programme.
Major Recommendations
The committee recommended:
- establishment of a three-tier Panchayati Raj system
- direct elections to village panchayats
- involvement of local bodies in development activities.
Three-Tier Structure
The committee proposed the following structure:
- Village level – Gram Panchayat
- Block level – Panchayat Samiti
- District level – Zila Parishad
This structure became the foundation of Panchayati Raj in India.
Ashok Mehta Committee (1978)
The Ashok Mehta Committee was appointed in 1978 to review the Panchayati Raj system.
Major Recommendations
The committee recommended:
- a two-tier system instead of three-tier
- stronger role for district-level bodies
- political party participation in Panchayat elections.
Although not fully implemented, these recommendations influenced later reforms.
Other Important Committees
Several committees examined Panchayati Raj reforms.
G. V. K. Rao Committee (1985)
Recommended strengthening Panchayati Raj institutions for rural development.
L. M. Singhvi Committee (1986)
Suggested that Panchayati Raj institutions should be given constitutional status.
This recommendation led to the 73rd Constitutional Amendment.
73rd Constitutional Amendment Act (1992)
The 73rd Constitutional Amendment Act was passed in 1992 and implemented in 1993.
This amendment gave constitutional recognition to Panchayati Raj institutions.
Key Features of the 73rd Amendment
The amendment introduced several important provisions.
Part IX of the Constitution
The amendment inserted Part IX (Articles 243–243O) in the Constitution.
This part deals with the structure and functioning of Panchayati Raj institutions.
Eleventh Schedule
The amendment added the Eleventh Schedule, which contains 29 subjects related to rural development.
Examples include:
- agriculture
- irrigation
- rural housing
- education
- health
- poverty alleviation.
These subjects may be transferred to Panchayati Raj institutions by state governments.
Constitutional Articles on Panchayati Raj
| Article | Subject |
| 243 | Definitions |
| 243A | Gram Sabha |
| 243B | Constitution of Panchayats |
| 243C | Composition of Panchayats |
| 243D | Reservation of seats |
| 243E | Duration of Panchayats |
| 243F | Disqualification |
| 243G | Powers and authority |
| 243H | Finances of Panchayats |
| 243I | State Finance Commission |
| 243J | Audit of accounts |
| 243K | State Election Commission |
| 243L | Application to Union Territories |
| 243M | Exceptions |
| 243N | Continuance of existing laws |
| 243O | Bar on interference by courts |
These provisions form the constitutional framework of Panchayati Raj institutions.
Gram Sabha (Article 243A)
The Gram Sabha is the foundation of the Panchayati Raj system.
It consists of all registered voters in a village.
The Gram Sabha performs several important functions:
- approves village development plans
- monitors the functioning of Gram Panchayat
- ensures transparency in governance.
Thus, the Gram Sabha represents direct democracy at the village level.
Constitution of Panchayats (Article 243B)
Article 243B requires every state to establish Panchayats at three levels:
- Village level
- Intermediate level (block or taluka)
- District level.
However, states with population below 20 lakh may not establish the intermediate level.
Composition of Panchayats (Article 243C)
Members of Panchayats are elected directly by the people.
The chairperson of the Panchayat may be elected either:
- directly by the people, or
- indirectly by elected members.
The specific method is determined by state laws.
Reservation of Seats in Panchayats (Article 243D)
One of the important features of the 73rd Constitutional Amendment is the provision for reservation in Panchayati Raj institutions.
Reservation aims to ensure participation of marginalized sections of society in local governance.
Reservation for Scheduled Castes and Scheduled Tribes
Seats are reserved for Scheduled Castes (SC) and Scheduled Tribes (ST) in Panchayats.
The number of reserved seats is proportional to the population of SCs and STs in the area.
This ensures fair representation of these communities.
Reservation for Women
The Constitution mandates that not less than one-third of the total seats in Panchayats must be reserved for women.
This reservation includes:
- seats reserved for women belonging to SC and ST categories
- offices of chairpersons at different levels.
Many states have increased this reservation to 50 percent.
Reservation of Chairperson Positions
Reservation also applies to the offices of Chairpersons of Panchayats.
These positions are reserved for:
- Scheduled Castes
- Scheduled Tribes
- Women.
The manner of reservation is determined by state laws.
Duration of Panchayats (Article 243E)
Article 243E specifies the term of Panchayats.
The duration of every Panchayat is five years from the date of its first meeting.
This ensures stability in local governance.
Dissolution of Panchayat
A Panchayat may be dissolved before the completion of its term under certain circumstances.
However, the Constitution requires that elections must be conducted within six months of dissolution.
If the remaining period of the Panchayat is less than six months, fresh elections may not be required.
Disqualification of Members (Article 243F)
Article 243F provides for the disqualification of members of Panchayats.
A person may be disqualified if:
- he or she is disqualified under any law made by the state legislature
- he or she is not qualified to be a member of the State Legislature.
The decision regarding disqualification is usually taken by authorities specified in state laws.
Powers and Functions of Panchayats (Article 243G)
Article 243G empowers the state legislature to grant powers and responsibilities to Panchayats.
These powers enable Panchayats to function as institutions of self-government.
Functions of Panchayats
Panchayats perform two main types of functions.
Development Functions
Panchayats are responsible for implementing development programs related to:
- agriculture
- rural housing
- irrigation
- education
- healthcare
- poverty alleviation.
These functions are listed in the Eleventh Schedule of the Constitution.
Civic Functions
Panchayats also provide basic services such as:
- drinking water supply
- sanitation
- maintenance of village roads
- street lighting.
These functions improve the quality of life in rural areas.
Finances of Panchayats (Article 243H)
For Panchayats to function effectively, they require financial resources.
Article 243H authorizes state legislatures to provide Panchayats with financial powers.
Sources of Revenue
Panchayats may receive funds from several sources.
These include:
- taxes, duties, tolls, and fees imposed by Panchayats
- grants-in-aid from the state government
- funds allocated by the central government.
State Finance Commission (Article 243I)
The Constitution provides for the establishment of a State Finance Commission.
Appointment
The Governor of the state appoints the State Finance Commission every five years.
Functions
The State Finance Commission reviews the financial position of Panchayats and recommends:
- distribution of revenue between the state government and Panchayats
- allocation of taxes to local bodies
- grants-in-aid to Panchayats.
This commission plays an important role in strengthening local self-government.
Audit of Accounts (Article 243J)
Article 243J requires the maintenance and auditing of Panchayat accounts.
State legislatures make laws regarding:
- accounting procedures
- auditing of Panchayat finances.
Regular audits help ensure transparency and accountability.
State Election Commission (Article 243K)
The State Election Commission is responsible for conducting elections to Panchayats.
Appointment
The State Election Commissioner is appointed by the Governor.
Powers
The State Election Commission supervises:
- preparation of electoral rolls
- conduct of Panchayat elections
- declaration of election results.
Independence of State Election Commission
The State Election Commissioner enjoys security of tenure similar to that of a High Court judge.
This ensures that Panchayat elections are conducted fairly and independently.
Importance of These Constitutional Provisions
The provisions introduced by the 73rd Amendment ensure that Panchayati Raj institutions function effectively.
They guarantee:
- democratic representation
- financial autonomy
- regular elections.
These measures strengthen local self-government and promote grassroots democracy.
THREE-TIER STRUCTURE OF PANCHAYATI RAJ INSTITUTIONS
Introduction
One of the most important features of the 73rd Constitutional Amendment Act (1992) is the establishment of a three-tier system of Panchayati Raj institutions in rural areas.
This structure aims to decentralize power and ensure that development activities are planned and implemented at the local level.
The three levels of Panchayati Raj institutions are:
- Gram Panchayat (Village Level)
- Panchayat Samiti (Intermediate or Block Level)
- Zila Parishad (District Level)
However, states with a population of less than 20 lakh may choose not to establish the intermediate level.
Gram Sabha – Foundation of Panchayati Raj
Before discussing the three levels, it is important to understand the role of the Gram Sabha.
The Gram Sabha is the general assembly of all adult residents of a village who are registered as voters.
It is considered the foundation of the Panchayati Raj system.
Functions of Gram Sabha
The Gram Sabha performs several important functions:
- approving village development plans
- reviewing the functioning of Gram Panchayat
- ensuring transparency in the implementation of schemes
- identifying beneficiaries for government welfare programs.
Thus, the Gram Sabha promotes direct democracy at the village level.
1. Gram Panchayat (Village Level)
The Gram Panchayat is the lowest level of the Panchayati Raj system.
It functions at the village level and is responsible for addressing local issues and implementing development programs.
Composition
The Gram Panchayat consists of:
- elected members called Panchs
- a Sarpanch or Mukhiya, who serves as the chairperson.
Members are elected directly by the people of the village.
Functions of Gram Panchayat
The Gram Panchayat performs several functions related to rural governance.
Civic Functions
These include:
- maintenance of village roads
- sanitation and waste management
- supply of drinking water
- maintenance of street lighting.
Development Functions
The Gram Panchayat is responsible for implementing development schemes related to:
- agriculture
- rural housing
- poverty alleviation
- health and education.
Revenue Sources
The Gram Panchayat receives funds from several sources:
- taxes and fees imposed by the Panchayat
- grants from the state government
- funds from central government schemes.
2. Panchayat Samiti (Block Level)
The Panchayat Samiti operates at the block or intermediate level.
It acts as a link between the Gram Panchayat and the Zila Parishad.
Composition
The Panchayat Samiti consists of:
- elected members from the block area
- chairpersons of Gram Panchayats within the block
- Members of Legislative Assembly (MLAs) representing the area
- Members of Parliament (MPs) from the region.
The head of the Panchayat Samiti is known as the Pramukh.
Functions of Panchayat Samiti
The Panchayat Samiti coordinates development activities among Gram Panchayats.
Its responsibilities include:
- implementing rural development programs
- supervising Gram Panchayats
- managing block-level development projects.
Administrative Role
The Panchayat Samiti also assists government departments in implementing schemes related to:
- agriculture
- education
- rural infrastructure.
Thus, it plays an important role in regional planning and coordination.
3. Zila Parishad (District Level)
The Zila Parishad is the highest level of the Panchayati Raj system.
It functions at the district level and coordinates development activities across the district.
Composition
The Zila Parishad consists of:
- elected representatives from the district
- chairpersons of Panchayat Samitis
- Members of Parliament and Members of Legislative Assembly from the district.
The head of the Zila Parishad is called the Chairperson or Adhyaksha.
Functions of Zila Parishad
The Zila Parishad performs several important functions.
Planning and Development
It prepares development plans for the entire district.
These plans include:
- infrastructure development
- health and education programs
- agricultural development.
Coordination Role
The Zila Parishad coordinates the activities of:
- Panchayat Samitis
- Gram Panchayats.
It ensures that development programs are implemented effectively across the district.
Financial Role
The Zila Parishad allocates funds to Panchayat Samitis and supervises the utilization of financial resources.
Panchayati Raj System in Jharkhand
Jharkhand has a significant tribal population, and local governance plays a crucial role in rural development.
The Panchayati Raj system in Jharkhand follows the three-tier structure introduced by the 73rd Constitutional Amendment.
However, due to tribal areas and Scheduled Areas, the state also follows provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA).
Panchayat Elections in Jharkhand
The first Panchayat elections in Jharkhand were held in 2010, after a long gap since the creation of the state in 2000.
These elections established Panchayati Raj institutions across rural areas.
Role of Panchayats in Jharkhand
Panchayats in Jharkhand play an important role in:
- rural development programs
- implementation of welfare schemes
- management of local resources.
They also participate in decisions related to:
- tribal land rights
- village development planning.
Importance of Three-Tier Structure
The three-tier Panchayati Raj system ensures effective decentralization of power.
It allows governance to operate at different levels:
- village level
- block level
- district level.
This structure improves administrative efficiency and encourages local participation.
ELEVENTH SCHEDULE, PESA AND CHALLENGES
Eleventh Schedule of the Constitution
The 73rd Constitutional Amendment Act introduced the Eleventh Schedule, which contains 29 subjects related to rural development.
These subjects may be transferred to Panchayati Raj institutions by the state government.
The purpose of the Eleventh Schedule is to enable Panchayats to function as institutions of self-government.
List of 29 Subjects in the Eleventh Schedule
The subjects included in the Eleventh Schedule are mainly related to rural development and local governance.
- Agriculture
- Land improvement and soil conservation
- Minor irrigation, water management and watershed development
- Animal husbandry, dairying and poultry
- Fisheries
- Social forestry and farm forestry
- Minor forest produce
- Small scale industries including food processing industries
- Khadi, village and cottage industries
- Rural housing
- Drinking water
- Fuel and fodder
- Roads, culverts, bridges and waterways
- Rural electrification
- Non-conventional energy sources
- Poverty alleviation programmes
- Education including primary and secondary schools
- Technical training and vocational education
- Adult and non-formal education
- Libraries
- Cultural activities
- Markets and fairs
- Health and sanitation
- Family welfare
- Women and child development
- Social welfare including welfare of disabled and mentally challenged
- Welfare of weaker sections including Scheduled Castes and Scheduled Tribes
- Public distribution system
- Maintenance of community assets
These subjects empower Panchayats to take responsibility for local development activities.
Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA)
The Panchayats (Extension to Scheduled Areas) Act, 1996, commonly known as PESA, was enacted to extend Panchayati Raj institutions to Scheduled Areas.
Scheduled Areas are regions with large tribal populations that require special protection under the Fifth Schedule of the Constitution.
Objectives of PESA
The main objectives of the PESA Act are:
- to protect tribal rights
- to ensure self-governance in tribal areas
- to preserve tribal traditions and culture.
PESA recognizes the traditional system of governance in tribal communities.
Powers of Gram Sabha under PESA
The PESA Act gives significant powers to the Gram Sabha in Scheduled Areas.
These powers include:
- approval of development plans
- identification of beneficiaries for government schemes
- consultation before land acquisition.
Control over Natural Resources
The Gram Sabha has the authority to manage:
- minor forest produce
- water resources
- local natural resources.
This provision ensures that tribal communities have control over their resources.
Protection of Tribal Land
Under PESA, the Gram Sabha must be consulted before transferring land in Scheduled Areas.
This helps prevent illegal land acquisition and protects tribal land rights.
Panchayati Raj in Jharkhand
Jharkhand is a tribal-dominated state, and a large portion of the state falls under Scheduled Areas.
Therefore, the implementation of Panchayati Raj in Jharkhand is influenced by both:
- the 73rd Constitutional Amendment
- the PESA Act.
Panchayat Elections in Jharkhand
After the creation of Jharkhand in 2000, Panchayat elections were not conducted for several years.
The first Panchayat elections in the state were finally held in 2010.
These elections established Panchayati Raj institutions across rural areas.
Role of Gram Sabha in Jharkhand
In Jharkhand, the Gram Sabha plays a crucial role in:
- management of local resources
- implementation of development schemes
- protection of tribal rights.
The Gram Sabha is considered the most important institution for grassroots democracy in tribal areas.
Challenges Faced by Panchayati Raj Institutions
Despite constitutional provisions, Panchayati Raj institutions face several challenges.
Limited Financial Resources
Many Panchayats depend heavily on state government grants.
Their ability to raise independent revenue remains limited.
Administrative Constraints
In many cases, Panchayats lack trained administrative staff and technical expertise.
This affects the implementation of development projects.
Political Interference
Sometimes local governance is influenced by political interests, which may reduce the effectiveness of Panchayats.
Lack of Awareness
In some rural areas, people are not fully aware of their rights and responsibilities in local governance.
Reforms and Strengthening Panchayati Raj
Several reforms have been suggested to strengthen Panchayati Raj institutions.
Financial Empowerment
Providing Panchayats with greater financial autonomy can improve their functioning.
Capacity Building
Training programs for Panchayat members can improve administrative efficiency.
Strengthening Gram Sabha
Encouraging active participation in Gram Sabha meetings can enhance transparency and accountability.
Importance of Panchayati Raj
The Panchayati Raj system plays a crucial role in democratic governance.
Decentralization of Power
Panchayati Raj institutions decentralize power and bring governance closer to the people.
Grassroots Democracy
They promote participation of citizens in decision-making processes.
Rural Development
Panchayats play an important role in implementing development programs in rural areas.
Social Inclusion
Reservation for women and marginalized communities ensures inclusive representation.
For Better Preparation of Prelims & Mains Exam for Jharkhand Section
you can get this book:
MUNICIPALITIES / URBAN LOCAL GOVERNMENT
Introduction
Urban Local Government refers to the system of local administration in cities and towns. These institutions are responsible for managing urban areas and providing essential civic services.
Urban local bodies are an important part of democratic decentralization, as they allow citizens to participate in governance at the local level.
The constitutional status of urban local bodies was established through the 74th Constitutional Amendment Act, 1992, which came into force on 1 June 1993.
This amendment added Part IX-A (Articles 243P to 243ZG) to the Constitution and introduced the Twelfth Schedule, which lists 18 functions of municipalities.
Urban local government institutions are therefore considered the third tier of governance, along with Panchayati Raj institutions in rural areas.
Historical Development of Urban Local Government
Urban local government in India has a long history, particularly during the British period.
Beginning of Municipal Administration
The modern system of municipal governance began during British rule.
The first municipal corporation in India was established in Madras (Chennai) in 1687.
Later, municipal corporations were established in Bombay (Mumbai) and Calcutta (Kolkata) in 1726.
These institutions were primarily created to maintain law and order and provide basic services in growing urban areas.
Lord Ripon’s Resolution (1882)
Lord Ripon is often referred to as the father of local self-government in India.
In 1882, he introduced a resolution that emphasized:
- local self-government
- election of local representatives
- participation of citizens in administration.
This resolution laid the foundation for modern local governance in India.
Government of India Act, 1919
The Government of India Act, 1919 further strengthened local government by transferring responsibility for local administration to provincial governments.
This allowed greater participation of Indians in local governance.
Government of India Act, 1935
The Government of India Act, 1935 placed local government under the jurisdiction of provincial legislatures, enabling provinces to enact laws regarding municipal administration.
Urban Local Government after Independence
After independence, local governments continued to function under state laws.
However, they lacked constitutional protection and were often weak due to:
- irregular elections
- lack of financial resources
- excessive control by state governments.
To address these issues, the government introduced the 74th Constitutional Amendment.
74th Constitutional Amendment Act, 1992
The 74th Constitutional Amendment Act gave constitutional recognition to urban local bodies.
The amendment introduced a new part in the Constitution called Part IX-A.
Major Features of the 74th Amendment
The amendment introduced several important provisions:
- establishment of urban local bodies
- regular elections every five years
- reservation of seats for weaker sections and women
- creation of State Finance Commission
- creation of State Election Commission.
These provisions strengthened urban local governance in India.
Constitutional Provisions (Part IX-A)
Part IX-A of the Constitution contains provisions related to municipalities.
These provisions are included in Articles 243P to 243ZG.
Important Articles on Municipalities
| Article | Subject |
| 243P | Definitions |
| 243Q | Constitution of municipalities |
| 243R | Composition of municipalities |
| 243S | Wards committees |
| 243T | Reservation of seats |
| 243U | Duration of municipalities |
| 243V | Disqualification |
| 243W | Powers and authority |
| 243X | Finances of municipalities |
| 243Y | State Finance Commission |
| 243ZA | Elections to municipalities |
| 243ZD | District Planning Committee |
| 243ZE | Metropolitan Planning Committee |
| 243ZG | Bar on interference by courts |
These provisions define the structure and functioning of urban local bodies.
Types of Urban Local Bodies
Urban local governments are classified into different types based on the size and population of the area.
The main types are:
- Municipal Corporation
- Municipality
- Nagar Panchayat
Municipal Corporation
Municipal Corporations are established in large cities with large populations.
Examples include corporations in cities such as:
- Mumbai
- Delhi
- Kolkata
- Chennai.
These institutions have greater administrative powers and financial resources.
Municipality (Municipal Council)
Municipalities are established in smaller cities and towns.
They perform functions similar to municipal corporations but on a smaller scale.
Municipalities provide services such as:
- sanitation
- street lighting
- water supply.
Nagar Panchayat
A Nagar Panchayat is established in areas that are transitioning from rural to urban status.
These bodies help manage the development of emerging towns.
Other Urban Local Bodies
Apart from municipalities, several other urban institutions exist in India.
These include:
- Town Area Committees
- Cantonment Boards
- Notified Area Committees.
These bodies are usually created for specific administrative purposes.
Urban Local Government in Jharkhand
Urban local bodies in Jharkhand operate under the Jharkhand Municipal Act.
Major municipal corporations in the state include:
- Ranchi Municipal Corporation
- Dhanbad Municipal Corporation
- Jamshedpur Municipal Corporation.
These bodies are responsible for urban planning, sanitation, and infrastructure development in cities.
MUNICIPALITIES / URBAN LOCAL GOVERNMENT
CONSTITUTIONAL STRUCTURE AND COMPOSITION
Constitution of Municipalities (Article 243Q)
Article 243Q provides for the establishment of municipalities in every state.
The Constitution requires the formation of three types of municipalities based on the nature and size of the urban area.
Types of Municipalities
1. Nagar Panchayat
A Nagar Panchayat is established in areas that are in transition from rural to urban areas.
These areas are usually small towns that are gradually developing urban characteristics.
2. Municipal Council
A Municipal Council (or Municipality) is established for smaller urban areas.
These towns have moderate populations and require organized civic administration.
3. Municipal Corporation
A Municipal Corporation is established for larger urban areas, usually major cities with large populations and complex administrative needs.
Municipal Corporations have greater powers and responsibilities compared to other urban local bodies.
Composition of Municipalities (Article 243R)
Article 243R deals with the composition of municipalities.
Members of a municipality are generally elected directly by the people of the area.
Direct Election
The city or town is divided into wards, and each ward elects one representative.
These representatives are known as councillors.
Representation of Other Members
Apart from elected members, the legislature of a state may provide for representation of:
- Members of Parliament (MPs) representing the area
- Members of the State Legislature (MLAs)
- persons with special knowledge or experience in municipal administration.
However, such nominated members usually do not have voting rights in municipal meetings.
Ward Committees (Article 243S)
Article 243S provides for the formation of Ward Committees in municipalities with a population of three lakh or more.
Ward Committees help in improving local participation in urban governance.
Composition
A Ward Committee consists of:
- elected councillors from the wards included in the committee
- representatives of residents.
Functions
Ward Committees help in:
- monitoring municipal services
- addressing local issues
- encouraging public participation in governance.
Reservation of Seats (Article 243T)
The Constitution provides for reservation in municipalities to ensure representation of weaker sections of society.
Reservation for Scheduled Castes and Scheduled Tribes
Seats are reserved for Scheduled Castes (SC) and Scheduled Tribes (ST) in proportion to their population in the municipality.
Reservation for Women
At least one-third of the total seats must be reserved for women.
This reservation includes seats reserved for women belonging to SC and ST categories.
Many states have increased this reservation to 50 percent.
Reservation of Chairperson Posts
The offices of chairpersons (mayors or presidents) in municipalities are also reserved for:
- Scheduled Castes
- Scheduled Tribes
- Women.
The exact system of reservation is determined by state legislation.
Duration of Municipalities (Article 243U)
Article 243U specifies the term of municipalities.
The duration of every municipality is five years from the date of its first meeting.
Dissolution of Municipality
A municipality may be dissolved before the completion of its term under certain circumstances.
However, the Constitution requires that fresh elections must be held within six months of dissolution.
This ensures continuity in democratic governance.
Disqualification of Members (Article 243V)
Article 243V deals with the disqualification of municipal members.
A person may be disqualified if:
- he or she is disqualified under state laws
- he or she does not meet the qualifications required for membership of the State Legislature.
The decision regarding disqualification is usually made by an authority specified in the state law.
Importance of These Constitutional Provisions
The constitutional provisions introduced by the 74th Amendment ensure that municipalities function as democratic institutions.
These provisions guarantee:
- regular elections
- fair representation of marginalized groups
- accountability in urban governance.
Municipal Governance in Jharkhand
Urban local bodies in Jharkhand operate under the Jharkhand Municipal Act.
Major urban local bodies include:
- Ranchi Municipal Corporation
- Dhanbad Municipal Corporation
- Jamshedpur Municipal Corporation.
These institutions are responsible for providing essential civic services such as:
- sanitation
- urban infrastructure
- water supply.
POWERS, FUNCTIONS AND FINANCES OF MUNICIPALITIES
Powers and Authority of Municipalities (Article 243W)
Article 243W empowers the state legislature to grant powers and responsibilities to municipalities.
These powers enable municipalities to function as institutions of self-government and carry out urban development activities.
The powers assigned to municipalities generally fall into two categories:
- Urban planning and development functions
- Civic and administrative functions
These functions are listed in the Twelfth Schedule of the Constitution.
Twelfth Schedule of the Constitution
The 74th Constitutional Amendment introduced the Twelfth Schedule, which contains 18 subjects related to urban governance.
State governments may transfer these responsibilities to municipalities.
List of 18 Functions in the Twelfth Schedule
The Twelfth Schedule includes the following subjects:
- Urban planning including town planning
- Regulation of land use and construction of buildings
- Planning for economic and social development
- Roads and bridges
- Water supply for domestic, industrial and commercial purposes
- Public health, sanitation and waste management
- Fire services
- Urban forestry and environmental protection
- Safeguarding the interests of weaker sections of society
- Slum improvement and urban poverty alleviation
- Urban amenities such as parks and playgrounds
- Promotion of cultural and educational activities
- Burial grounds and cremation grounds
- Cattle ponds and prevention of cruelty to animals
- Vital statistics including registration of births and deaths
- Public amenities such as street lighting and parking
- Regulation of slaughterhouses and tanneries
- Maintenance of community assets
These subjects help municipalities perform their responsibilities effectively.
Civic Functions of Municipalities
Municipalities provide essential civic services in urban areas.
Some important civic functions include:
- maintenance of roads and drainage systems
- water supply and sanitation
- solid waste management
- maintenance of public parks and recreational spaces.
These services are essential for improving the quality of life in cities and towns.
Development Functions of Municipalities
Apart from civic services, municipalities also participate in urban development.
These activities include:
- preparation of urban development plans
- housing and slum rehabilitation programs
- environmental protection.
Municipalities therefore play an important role in shaping urban growth.
Finances of Municipalities (Article 243X)
For municipalities to function effectively, they require financial resources.
Article 243X authorizes state legislatures to empower municipalities to raise funds.
Sources of Revenue
Municipalities receive funds from various sources.
Local Taxes
Municipalities may impose taxes such as:
- property tax
- water tax
- advertisement tax
- entertainment tax (in some states).
Property tax is usually the most important source of municipal revenue.
Fees and Charges
Municipalities collect fees for services such as:
- licensing fees
- parking fees
- market fees.
Grants from State Government
Municipalities receive grants-in-aid from state governments to support development programs.
Central Government Schemes
Municipalities also receive funds from central government schemes such as:
- Smart Cities Mission
- AMRUT (Atal Mission for Rejuvenation and Urban Transformation)
- Swachh Bharat Mission.
State Finance Commission (Article 243Y)
Article 243Y provides for the establishment of a State Finance Commission.
Appointment
The Governor of the state appoints the State Finance Commission every five years.
Functions
The State Finance Commission reviews the financial position of local bodies and recommends:
- distribution of financial resources between the state government and municipalities
- allocation of taxes and grants to municipalities.
This commission plays an important role in strengthening the financial autonomy of local governments.
Elections to Municipalities (Article 243ZA)
The Constitution ensures that elections to municipalities are conducted regularly.
Article 243ZA assigns the responsibility for municipal elections to the State Election Commission.
Functions of State Election Commission
The State Election Commission is responsible for:
- preparation of electoral rolls
- conducting municipal elections
- declaring election results.
Independence of State Election Commission
The State Election Commissioner enjoys security of tenure similar to that of a High Court judge.
This ensures that municipal elections are conducted fairly and independently.
Urban Local Government in Jharkhand
Urban governance in Jharkhand is regulated by the Jharkhand Municipal Act.
Municipal institutions in the state are responsible for managing urban areas and providing essential services.
Major Municipal Corporations in Jharkhand
Important municipal corporations include:
- Ranchi Municipal Corporation
- Dhanbad Municipal Corporation
- Jamshedpur Municipal Corporation.
These bodies manage urban planning, sanitation, and infrastructure development in the state’s major cities.
Importance of Municipal Governance
Municipalities are crucial for effective urban administration.
They help ensure:
- planned urban development
- efficient delivery of civic services
- citizen participation in governance.
Urban local governments therefore play an important role in addressing the challenges of rapid urbanization.
District Planning Committee (Article 243ZD)
Article 243ZD provides for the establishment of a District Planning Committee (DPC) in every district.
The purpose of the District Planning Committee is to prepare a development plan for the entire district, combining both rural and urban development plans.
Composition of District Planning Committee
The composition of the District Planning Committee is determined by the state legislature.
However, the Constitution requires that:
- not less than four-fifths of the members of the committee must be elected by and from the elected members of Panchayats and Municipalities in the district.
This ensures that local representatives participate in planning and development.
Functions of District Planning Committee
The District Planning Committee performs several important functions.
These include:
- consolidating development plans prepared by Panchayats and Municipalities
- preparing a draft development plan for the district
- considering issues such as infrastructure development, environmental protection, and economic planning.
The committee therefore plays a key role in coordinating development activities at the district level.
Metropolitan Planning Committee (Article 243ZE)
Article 243ZE provides for the creation of a Metropolitan Planning Committee (MPC) in metropolitan areas.
A metropolitan area refers to an urban area with a population of more than one million.
These areas require specialized planning because of their large population and complex infrastructure needs.
Composition of Metropolitan Planning Committee
The composition of the Metropolitan Planning Committee is determined by state laws.
However, the Constitution requires that:
- not less than two-thirds of the members must be elected by and from the elected members of municipalities and chairpersons of Panchayats in the metropolitan area.
Functions of Metropolitan Planning Committee
The main responsibility of the MPC is to prepare a development plan for the metropolitan region.
The committee considers various factors while preparing the plan, including:
- shared infrastructure
- environmental protection
- economic development.
The plan prepared by the committee is submitted to the state government.
Bar on Interference by Courts (Article 243ZG)
Article 243ZG ensures that the electoral process of municipalities is not disrupted by court intervention.
This article states that:
- courts cannot interfere in matters related to the delimitation of constituencies
- courts cannot question the validity of municipal elections except through election petitions.
This provision ensures smooth and timely conduct of municipal elections.
Urban Local Government in Jharkhand
Urban local bodies in Jharkhand function under the Jharkhand Municipal Act.
These institutions are responsible for managing urban infrastructure and providing essential services.
Major Municipal Corporations in Jharkhand
Some important municipal corporations in Jharkhand include:
- Ranchi Municipal Corporation
- Dhanbad Municipal Corporation
- Jamshedpur Municipal Corporation.
These corporations manage major urban centers in the state.
Functions of Municipal Bodies in Jharkhand
Municipal bodies in Jharkhand perform several important functions.
These include:
- urban planning and development
- sanitation and waste management
- maintenance of roads and public infrastructure
- water supply and drainage systems.
Municipalities also implement various government schemes related to urban development.
Challenges Faced by Urban Local Governments
Despite constitutional recognition, urban local bodies face several challenges.
Financial Constraints
Many municipalities lack adequate financial resources.
They depend heavily on grants from the state government.
Rapid Urbanization
Cities are growing rapidly, creating challenges related to:
- housing
- transportation
- sanitation.
Municipal bodies often struggle to manage these issues.
Administrative Limitations
Many municipalities lack sufficient administrative staff and technical expertise.
This affects their ability to implement development projects effectively.
Political Interference
Sometimes municipal governance is influenced by political interests, which may reduce efficiency and accountability.
Reforms to Strengthen Municipal Governance
Several reforms have been suggested to improve the functioning of urban local bodies.
Financial Empowerment
Municipalities should be given greater authority to raise revenue through local taxes.
Capacity Building
Training programs for municipal officials can improve administrative efficiency.
Citizen Participation
Encouraging public participation in urban governance can improve transparency and accountability.
Importance of Urban Local Government
Urban local governments play a crucial role in modern governance.
Decentralization of Power
They decentralize administrative authority and bring governance closer to citizens.
Urban Development
Municipalities play a key role in planning and managing urban growth.
Civic Services
Urban local bodies provide essential services such as sanitation, water supply, and infrastructure maintenance.
For Better Preparation of Prelims & Mains Exam for Jharkhand Section
you can get this book: