Part IXA - Municipalities (Article 243P - 243ZG)

Part IXA of the Constitution was inserted by the Constitution (74th Amendment) Act, 1992. It contains provisions for local self government at the urban level. The 74th Constitutional Amendment Act, related to Muncipalities came into effect on June 1, 1993. Municipalities are local self governments that govern small, sparsely populated cities. Members of the municipality are directly elected by the people of the municipal area. For the purpose of making the electorate, municipal area is divided into territorial constituencies known as Wards. All the members of a Municipality are to be directly elected by the people of the Municipal area. The head of the municipalities will always be the chairman/chairperson. The state legislature may prescribe the method of electing the chairperson of the municipalities. The government representatives of the municipalities are known as 'Municipal Secretaries'. The term of the municipalities is five years. Members elected from the ward are known as councilors. A ward committee consisting of one or more wards within the territory of a municipality having a population of three lakhs or more shall be constituted. Matters related to formation will be decided by the state legislature.

74th Amendment

The 74th Constitutional Amendment Act, related to Municipalities came into effect on June 1, 1993. The Nagarpalika Act, i.e. the Constitution (74th Amendment) Act, 1992 has been enacted to accord constitutional recognition to the Urban Local Bodies as third tier of government.

Corporation

Corporations are local self-governing bodies that govern large urban areas with high population. The head of the corporations is always the mayor. The government representative of the corporations is known as the 'Corporation Secretary'. 

Mayor

The mayor is elected annually from among the members of the corporation. He is the first citizen of the city. He presides over the meetings of the corporation and guides its deliberations. He regulates the conduct of business at such meetings. He has access to all the records of the corporation. He obtains reports from the Commissioner on administrative matters. He is the proper channel of communication between the commissioner and the state government.

Municipal Corporation

The Municipal Corporation is the top most urban local government. It is set up under a special statue passed by the state legislature, except in Delhi. The corporation comprises of  members called Councillors. The Councillors are elected on adult franchise. The size of the Council varies from state to state, as it is primarily related to the population of the city. The term of the council varies from three to five years.

Municipal Commissioner

He is appointed by the State Government. His salary and service conditions are fixed by the State Government. His salary is paid out of Municipal funds. He may be replaced by the State Government or at the recommendation of the Corporation's Council. He is placed at the apex of the Municipal administrative hierarchy. He is entrusted with the entire administrative machinery under his direct control, giving the necessary guidance and direction. He performs all the duties imposed or conferred upon him under the Act. He takes part in the discussions of the Council meetings. But he has no right to vote and move resolutions in the meetings. He is the custodian of all municipal records. As head of the administrative machinery, he distributes the entire office work among the different departments. He writes personal file of each and every staff member. He inflicts punishments for offences committed by the staff.

Muncipalities (Article 243P - 243ZG)

Article 243P: Definitions

Article 243Q: Constitution of Municipalities

Article 243R: Composition of Municipalities

Article 243S: Constitution and composition of Wards Committees, etc.

Article 243T: Reservation of seats

Article 243U: Duration of Municipalities, etc.

Article 243V: Disqualifications for membership

Article 243W: Powers, authority and responsibilities of Municipalities, etc.

Article 243X: Power to impose taxes by, and Funds of, the Municipalities

Article 243Y: Finance Commission

Article 243Z: Audit of accounts of Municipalities

Article 243ZA: Elections to the Municipalities

Article 243ZB: Application to Union territories

Article 243ZC: Part not to apply to certain areas

Article 243ZD: Committee for district planning

Article 243ZE: Committee for Metropolitan planning

Article 243ZF: Continuance of existing laws and Municipalities

Article 243ZG: Bar to interference by courts in electoral matters