Administration of Municipal Corporation
- Posted By
10Pointer
- Categories
Polity & Governance
- Published
20th Apr, 2022
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Context
Maharashtra Election Commission has not been able to complete Municipal corporation election at several cities of Maharashtra within the stipulated time assigned by the Constitution.
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Background
- Constitution of India provides the constitutional status to the Municipal corporation, which provides a fixed term of 5 years to the municipality.
- In the state of Maharashtra, there has arisen an unusual situation in some municipal corporation.
- Since the OBC reservation in municipalities in Maharashtra has not been implemented, the municipal elections have been stalled.
- The Commission has not been able to complete elections as stipulated by the Constitution.
- The Constitution is crystal clear that the elected body in a municipality cannot continue beyond the fixed term of five years.
- Neither is it feasible that in the event of an election not being completed in time, a vacuum can be allowed to be created in city governance where no one is fully in charge of the affairs of the urban local body.
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Reservation for OBCs
This unprecedented situation has arisen on account of the web that has got woven around reservations for the other backward classes (OBC).
- A bill passed by the Maharashtra state legislature has since been cleared by the governor.
- The statute allows the state legislature to provide a 27 percent quota to OBCs in municipalities.
- This issue was legislated upon on the basis of an interim report by the State Backward Classes Commission (MSBCC).
- However, while the state has put the law in place, it still has to pass judicial scrutiny since the Supreme Court is still to adjudicate on the matter.
- A point to note is that for once, all political parties, across the entire spectrum, completely agree that they cannot proceed with elections without the reservations for OBCs in place.
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Analysis
What is the normal governance construct of municipal corporations?
- The normal governance construct of municipal corporations in India is a three-layered structure.
- Municipal Corporation
- Committees
- Municipal Commissioner
- Municipal Corporation: At the apex is the municipal corporation, comprising all the elected councillors within the geographical area of the city.
- Each councillor, in addition to representing his or her electoral ward, performs the role of advising and voting on policy.
- The municipal corporation makes local policies, passes the budget, approves city plans, and decides on issues that relate to the city’s municipal functions.
- Committees: At the next level are various committees, where a group of popularly elected councillors assist the committees in their decision-making process.
- The most significant committee is the standing committee that exercises financial powers and approves tenders and proposals presented by the municipal administration.
- Municipal corporations that have populations above three lakhs also have wards committees, empowered to take a certain class of decisions that pertain to electoral wards within their zones.
- All elected councillors of that zone are members of the wards committees.
- Municipal Commissioner: The municipal commissioner (MC) is the chief executive of the municipal corporation.
- He is appointed by the state and generally comes from the ranks of the Indian Administrative Service (IAS).
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What is provided in the Constitution?
- The Indian Constitution (74th Amendment) Act, 1992 gave the constitutional status to the urban local body, i.e., Municipalities.
- Fixed term: It provides that a municipality will have a fixed term of five years from the date appointed for its first meeting.
- Election: Elections to a municipality must be completed before the expiration of the duration of the municipality.
- The Constitution does not envisage the possibility of an election not being completed before the term of the municipality expires.
- Article 243 Q provides the formation of municipality in three tier structure.
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What are the provisions mentioned under Part IX (A) of the Constitution?
- Article 243Q provides a 3tier-structure for municipalities:
- Nagar Panchayat: For the transitional area between rural and urban area.
- Municipal Council: Small Urban areas.
- Municipal Corporation: Large urban areas.
- Composition of Municipalities:
- Chairperson (Process of election to be decided by state law)
- Ward Councilors (Directly elected from a particular territorial constituency)
- State legislature by law may provide representation on certain ground to certain people
- Person with special knowledge or experience in municipal administration
- Member of Parliament or State Legislative Assembly representing that particular area.
- Chairpersons of different committees.
- Reservation in municipalities:
- To ensure proper representation of the every section of the society constitution has guaranteed reservation for schedule caste, schedule tribes and women. In order to protect the political right and provide political justice constitution has also empowered the state legislature to provide reservation to the backward class of the society.
- Tenure and election of the municipalities:
- Constitution has provided a fixed tenure of 5years to the municipalities.
- Free, fair and regular election should be conducted every 5years.
- Powers and function of municipalities:
- For welfare of the public and protect social and economic justice the people municipalities are assigned with certain powers and responsibilities like preparing plan, budgeting execution and taxation power.
- Constitution has also empowered state government to specify the role of municipalities along with clearly defining subjects of jurisdiction of municipalities under XIIth schedule.
- Financial Devolution:
- State finance Commission ensure the financial devolution among the state and municipalities
- State Finance Commission recommends the distribution of funds among state government and municipalities.
- Grants in aid to the municipalities.
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What was the situation before 1992?
- Prior to the amendment of 1992, state legislature has the power to dissolve the municipal bodies before the completion of tenure.
- An Administrator had to be appointed by the state government for the daily governance of the city.
- Functions delegated to the administrator:
- As municipal Commissioner
- As statutory committees
- As municipal corporation
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The Delhi Case
- A situation, akin to Maharashtra would also obtain in Delhi. Government of India (GoI) has moved to merge the East, North and South municipal corporations, on the eve of elections to these bodies, into a single municipal entity.
- The State Election Commission has already deferred elections on account of the proposed merger.
- Quite evidently, an administrator, called here a special officer, would get appointed, soon after The Delhi Municipal Corporation (Amendment) Bill, 2022 becomes law.
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What are severe consequences behind this administrator system?
- Appointment of administrator signifies the end of duly elected body councilors
- Administrator takes charge of all the legislative, executive and financial powers of the municipalities.
- Concentration of power in the hands of Administrators.
- Hinders the process of democratic decentralization and bottom up approach in the governance system.
- Reduces the scope for Checks and Balances.
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What are major changes brought by the amendment act?
- Democratic Decentralization: Constitutional status to the municipalities gave the clearly flight to the process of democratic decentralization and good governance.
- Good Governance: Process of democratic decentralization ensures a bottom up approach which provide a wider scope of good governance.
- Financial decentralization: Finances of the state government gets distributed among the municipalities for the welfare of the people. Process of resource allocation and expenditure becomes more specific.
- Checks and Balances: Prior to 1992, administrator system increases the scope of centralization of power, constitutional mandate to the municipalities ensures proper checks and balances.
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What are the major challenges leading to hindrances in democratization process?
- Socio-religious divide and unprecedented incidents.
- Inadequate information of political rights to the people.
- Political influence on neutrality of state election commission.
- Insufficient financial devolution to the municipalities.
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How this challenges can be overcome to increase the welfare and good governance?
- Ensuring neutrality of state election commission.
- Ensuring financial independence to the local bodies.
- Public awareness about political rights
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Conclusion
Constitution of India clearly mentioned about democratic decentralization by 74th amendment act of 1992. This will enhance the structure of good governance in India. Process of decentralization ensures peoples participation in the decision making process. In a political set up of representative democracy it becomes important to include every citizen from every section of the society in the main stream decision making. Free, fair and regular election increases the scope of federalism and citizens welfare.
