SIP 22 - Locan Self Government

1. Meaning and Historical Evolution of Local Self-Government

[1] What is Local Self-Government?

Local Self-Government means a system in which local people manage the problems and development of their own area through elected local bodies.

Rural areas: Panchayati Raj Institutions.
Urban areas: Municipalities and Municipal Corporations.

हिंदी Explanation: गाँव या शहर की छोटी-छोटी समस्याएँ—जैसे सड़क, नाली, पानी, सफाई और स्ट्रीट लाइट—केवल Delhi या Patna की सरकार नहीं देख सकती। इसलिए स्थानीय लोगों को स्थानीय प्रशासन में भाग लेने का अधिकार दिया जाता है।

Example: यदि Sasaram के किसी गाँव में नाली बनानी है, तो उस समस्या को Gram Sabha और Gram Panchayat के माध्यम से उठाया जा सकता है।

[2] Who is known as the Father of Local Self-Government in India?

Lord Ripon is known as the Father of Local Self-Government in India.

हिंदी Explanation: Lord Ripon ने स्थानीय लोगों को प्रशासन में भाग लेने और अपने स्थानीय मामलों को स्वयं चलाने का विचार मजबूत किया।

Logic: क्योंकि उन्होंने local bodies में elected representatives और decentralisation को बढ़ावा दिया, इसलिए उन्हें Local Self-Government का Father कहा जाता है।

[3] What was the position of Local Self-Government under the Government of India Act, 1919?

Under the Government of India Act, 1919, Local Self-Government was placed in the Transferred List.

हिंदी Explanation: Transferred List का मतलब था कि इस विषय को भारतीय मंत्रियों के नियंत्रण में दिया गया था।

Example: जैसे किसी स्कूल का एक विभाग Principal के बजाय किसी teacher को सौंप दिया जाए, वैसे ही Local Self-Government भारतीय मंत्रियों को दिया गया।

[4] What was the position of Local Self-Government under the Government of India Act, 1935?

Under the Government of India Act, 1935, Local Self-Government was placed in the Provincial List.

हिंदी Explanation: इसका अर्थ था कि Local Government मुख्य रूप से प्रांतीय सरकारों के अधीन हो गई।

[5] In which list is Local Self-Government placed under the Constitution of India?

Local Self-Government is placed in the State List.

हिंदी Explanation: इसका मतलब है कि Panchayat और Municipality के बारे में कानून मुख्य रूप से State Legislature बनाती है।

Example: Bihar में Panchayat से संबंधित कानून Bihar Legislature बनाती है, जबकि Rajasthan में Rajasthan Legislature।

2. Important Committees Related to Panchayati Raj

[1] Which committee was appointed in 1957 to examine Panchayati Raj?

The Balwantrai Mehta Committee was appointed in 1957.

हिंदी Explanation: इस Committee ने democratic decentralisation और तीन-स्तरीय Panchayati Raj system की सिफारिश की।

Logic: गाँव के लोगों को केवल ऊपर की सरकार पर निर्भर न रहना पड़े, इसलिए सत्ता को गाँव, Block और District तक बाँटने का विचार दिया गया।

[2] Which committee was appointed in 1977?

The Ashok Mehta Committee was appointed in 1977.

[3] Which committee was appointed in 1983?

The Hanumantha Rao Committee was appointed in 1983.

[4] Which committee was appointed in 1985?

The G.V.K. Rao Committee was appointed in 1985.

[5] Which committee was appointed in 1986?

The L.M. Singhvi Committee was appointed in 1986.

[6] Which committee was appointed in 1989?

The P.K. Thungon Committee was appointed in 1989.

[7] What is the correct chronological order of important Panchayati Raj committees?

1957: Balwantrai Mehta Committee
1977: Ashok Mehta Committee
1983: Hanumantha Rao Committee
1985: G.V.K. Rao Committee
1986: L.M. Singhvi Committee
1989: P.K. Thungon Committee

Memory Trick: Mehta → Mehta → Rao → Rao → Singhvi → Thungon

3. Meaning and Constitutionalisation of Panchayati Raj Institutions

[1] What are Panchayati Raj Institutions?

Panchayati Raj Institutions, or PRIs, are the system of Local Self-Government in rural areas.

हिंदी Explanation: गाँवों में लोगों द्वारा चुनी गई संस्थाएँ Panchayati Raj Institutions कहलाती हैं।

Example: Gram Panchayat, Panchayat Samiti और Zila Parishad—ये सभी Panchayati Raj Institutions हैं।

[2] How are Panchayats established in India?

Panchayats are established in every State by an Act of the State Legislature.

हिंदी Explanation: Constitution framework देता है, लेकिन Panchayat की practical व्यवस्था State Legislature कानून बनाकर करती है।

[3] What is the main objective of Panchayati Raj?

The main objective is to establish democracy at the grassroots level.

हिंदी Explanation: Grassroot का मतलब है—लोकतंत्र को सबसे निचले स्तर, यानी गाँव तक पहुँचाना।

Example: केवल Prime Minister Narendra Modi या Chief Minister Nitish Kumar ही निर्णय न लें; गाँव के लोग भी अपनी समस्याओं पर निर्णय में भाग लें।

[4] Which Article directs the State to organise Village Panchayats?

Article 40 directs the State to organise Village Panchayats and give them necessary powers to function as units of self-government.

हिंदी Explanation: Article 40 Directive Principles of State Policy का हिस्सा है। यह सरकार को गाँवों में Panchayat बनाने का निर्देश देता है।

[5] Which Constitutional Amendment gave constitutional status to Panchayati Raj Institutions?

The 73rd Constitutional Amendment Act, 1992 gave constitutional status to Panchayati Raj Institutions.

Logic: पहले Panchayats केवल State laws पर निर्भर थीं। State सरकार उन्हें आसानी से बदल या समाप्त कर सकती थी। Constitutional status मिलने के बाद उनकी basic structure, election, reservation और tenure को constitutional protection मिला।

4. 73rd Constitutional Amendment

[1] When was the 73rd Constitutional Amendment passed?

The 73rd Constitutional Amendment was passed in 1992.

[2] When did the 73rd Constitutional Amendment come into force?

It came into force on 24 April 1993.

हिंदी Explanation: हर वर्ष 24 April को National Panchayati Raj Day मनाया जाता है।

[3] Which Part was added to the Constitution by the 73rd Amendment?

Part IX was added to the Constitution.
It contains Articles 243 to 243-O.

[4] Which Schedule was added by the 73rd Amendment?

The Eleventh Schedule was added.
It contains 29 functional items related to Panchayats.

Example: Agriculture, rural housing, drinking water, roads, rural electrification, poverty alleviation and education-related functions may be assigned to Panchayats.

5. Gram Sabha — Article 243A

[1] What is the Gram Sabha?

Gram Sabha consists of all persons whose names are included in the electoral roll of a village-level Panchayat area.

हिंदी Explanation: Gram Sabha में केवल elected Panchayat members नहीं होते। उस Gram Panchayat area के सभी registered voters Gram Sabha के सदस्य होते हैं।

Example: यदि किसी गाँव में 2,000 registered voters हैं, तो वे सभी Gram Sabha का हिस्सा होंगे।

[2] Is Gram Sabha compulsory for every Gram Panchayat?

Yes. A Gram Sabha is a compulsory institution for every Gram Panchayat.

[3] Why is Gram Sabha called the foundation of Panchayati Raj?

Gram Sabha is called the foundation because it directly includes the local voters and provides a platform for discussing village problems and development plans.

Example: गाँव में सड़क बननी चाहिए या नाली, किस गरीब परिवार को housing benefit मिलना चाहिए—इन मुद्दों पर Gram Sabha में चर्चा हो सकती है।

[4] Who decides the powers and functions of Gram Sabha?

The State Legislature decides the powers and functions of Gram Sabha.

Logic: इसलिए Gram Sabha की powers Bihar, Kerala, Rajasthan और Karnataka में अलग-अलग हो सकती हैं।

6. Structure of Panchayats — Article 243B

[1] What is the three-tier structure of Panchayati Raj?

The three levels are:

Village level: Gram Panchayat
Intermediate level: Panchayat Samiti or Block Panchayat
District level: Zila Parishad

[2] Is the three-tier Panchayati Raj structure compulsory in every State?

It is compulsory in States having a population of more than 20 lakh.

[3] Can a State with less than 20 lakh population avoid the intermediate level?

Yes. A State having less than 20 lakh population may not constitute the intermediate level.

Logic: छोटे राज्यों में population और administrative area कम हो सकता है। इसलिए वहाँ Village और District levels पर्याप्त माने जा सकते हैं।

7. Composition and Elections of Panchayats — Article 243C

[1] Who are the members of a Panchayat?

A Panchayat consists of:

Chairperson, commonly called Sarpanch at village level.
Other elected members.

[2] Are Panchayat members directly elected?

Yes. Panchayat members are directly elected by the people.

Example: गाँव के voters अपने Ward Member को directly vote देकर चुनते हैं।

[3] How is the Chairperson of a village Panchayat elected?

The method of election of the village Panchayat Chairperson is decided by the State Legislature.

Important: कुछ राज्यों में Sarpanch का direct election होता है, जबकि कुछ राज्यों में election method अलग हो सकता है।

[4] How are Chairpersons at the intermediate and district levels elected?

Chairpersons at the intermediate and district levels are elected indirectly by elected Panchayat members.

Example: Zila Parishad members पहले जनता द्वारा चुने जाते हैं। फिर वे अपने बीच से Zila Parishad Chairperson चुनते हैं।

[5] Who has the right to vote in Panchayat meetings?

All elected members have the right to vote in Panchayat meetings, whether they were elected directly or indirectly.

[6] What is the minimum age for contesting Panchayat elections?

The minimum age is 21 years.

[7] Can MPs, MLAs and MLCs participate in Panchayat meetings?

Yes, the State Legislature may provide for their participation.
However, their participation can be provided only at the intermediate and district levels, not at the village level.

[8] Which MPs and MLAs can attend Panchayat meetings?

Lok Sabha MPs and MLAs: They can attend Panchayat meetings in their constituency.
Rajya Sabha MPs and MLCs: They can attend Panchayat meetings where they are registered as voters.

Example: If a Lok Sabha MP represents Sasaram constituency, that MP may attend Panchayat meetings within that constituency, subject to the applicable State law.

8. Reservation in Panchayats — Article 243D

[1] Is reservation provided for SCs and STs in Panchayats?

Yes. Seats are reserved for Scheduled Castes and Scheduled Tribes at all three levels of Panchayats.
The reservation is generally in proportion to their population.

[2] What is the minimum reservation for women in Panchayats?

At least one-third of the seats are reserved for women.
States may provide more than one-third reservation.

Example: If a Panchayat has 15 seats, at least 5 seats must be reserved for women. A State may reserve 50% seats for women.

[3] Can States provide reservation for Backward Classes?

Yes. The State Legislature may provide reservation for Backward Classes.

[4] How much reservation is provided for women in Chairperson positions?

At least one-third of Chairperson offices at all levels are reserved for women.

[5] Who provides reservation for SC/ST Chairperson offices?

The State Legislature shall provide reservation for SC/ST Chairperson offices at the village, intermediate or district level.

[6] Is there reservation for SCs in Arunachal Pradesh?

No reservation for SCs is provided in Arunachal Pradesh because the State is inhabited mainly by indigenous tribal communities and there are no Scheduled Castes in the usual constitutional sense.

9. Duration of Panchayats — Article 243E

[1] What is the normal tenure of a Panchayat?

The normal tenure of a Panchayat is five years.

[2] When must elections to a Panchayat be held?

Elections must be completed before the expiry of the Panchayat’s five-year term.

[3] What happens if a Panchayat is dissolved before five years?

Fresh elections must be held within six months of dissolution.

[4] What is the tenure of a newly elected Panchayat after early dissolution?

The newly elected Panchayat continues only for the remaining period of the original Panchayat.

Example: If a Panchayat is dissolved after 3 years, the new Panchayat will normally continue for only the remaining 2 years.

10. State Finance Commission — Article 243I

[1] Who appoints the State Finance Commission?

The Governor of the State appoints the State Finance Commission.

[2] To whom does the State Finance Commission submit its report?

It submits its report to the Governor.

[3] Who decides the composition, salary and service conditions of the State Finance Commission?

The State Legislature decides these matters by law.

[4] How often is the State Finance Commission constituted?

It is constituted every five years.

[5] What does the State Finance Commission recommend?

It recommends:

Distribution of net proceeds of State taxes, duties, tolls and fees between the State and Panchayats.
Distribution of taxes between different levels of Panchayats.
Grants-in-aid from the Consolidated Fund of the State.
Taxes, duties, tolls and fees that may be assigned to Panchayats.
Measures for improving the financial position of Panchayats.
Devolution of powers to prepare plans for economic development.

[6] Can the Central Finance Commission help Panchayats?

Yes. The Central Finance Commission can recommend measures to augment the Consolidated Fund of a State and supplement the resources of Panchayats.

Example: The Central Finance Commission may recommend grants to States so that funds can reach Gram Panchayats for roads, sanitation and drinking water.

11. State Election Commission — Article 243K

[1] What is the State Election Commission?

The State Election Commission is a constitutional body responsible for conducting elections to Panchayats and Municipalities.

[2] Who appoints the State Election Commissioner?

The Governor appoints the State Election Commissioner.

[3] Is the State Election Commission a single-member or multi-member body?

The State Election Commission is generally a single-member body.
The Election Commission of India is a multi-member body.

[4] Who decides the tenure and service conditions of the State Election Commissioner?

The Governor determines the conditions of service and tenure.

[5] How can the State Election Commissioner be removed?

The removal procedure is similar to that of a Judge of a High Court.

[6] Can the service conditions of the State Election Commissioner be changed disadvantageously?

No. The service conditions cannot be varied to the disadvantage of the State Election Commissioner after appointment.

[7] Who decides the detailed procedure for Panchayat elections?

The State Legislature determines the detailed provisions relating to the conduct of Panchayat elections.

12. Application to Union Territories — Article 243L

[1] Do Panchayati Raj provisions automatically apply to Union Territories?

No. They do not automatically apply to Union Territories.

[2] How can Panchayati Raj provisions apply to a Union Territory?

They can apply when the President issues an order.

13. Audit and Accounts of Panchayats

[1] Who can make provisions regarding Panchayat accounts and audit?

The State Legislature may make provisions regarding the maintenance of accounts and audit of Panchayats.

हिंदी Explanation: Panchayat को मिले पैसे कहाँ खर्च हुए, यह पता करने के लिए accounts और audit जरूरी हैं।

14. Exempted States and Areas — Article 243M

[1] Do Panchayati Raj provisions apply to all areas of India?

No. Certain tribal and special areas are exempted.

[2] Which areas are exempted from Part IX?

The provisions do not automatically apply to:

Tribal areas where Autonomous District or Regional Councils exist.
Scheduled Areas where PESA applies.
Hill areas of Manipur where District Councils exist.
Darjeeling, where the Darjeeling Gorkha Hill Council exists.
Nagaland
Mizoram
Meghalaya

[3] Why are these areas exempted?

These areas have special tribal, customary or autonomous administrative systems.

Logic: सामान्य Panchayat structure लागू करने से tribal customs और traditional institutions प्रभावित हो सकते थे। इसलिए Constitution ने special protection दिया।

15. Bar to Interference by Courts in Panchayat Elections

[1] Can the delimitation of Panchayat constituencies be challenged in court?

No. The validity of a law relating to delimitation of constituencies or allotment of seats cannot be questioned in any court.

[2] Where can an election dispute be filed?

An election petition must be presented to the authority specified by the State Legislature.

[3] Where are questions of disqualification referred?

Questions of disqualification are referred to the authority determined by the State Legislature.

16. Compulsory and Voluntary Provisions of Panchayati Raj

[1] What are compulsory provisions?

Compulsory provisions are provisions that the State must implement. They are generally uniform throughout India.

Example: Five-year tenure, reservation for SC/ST, State Election Commission and minimum age of 21 years.

[2] What are voluntary provisions?

Voluntary provisions are provisions that the State may implement. They can differ from State to State.

Example: Giving additional powers to Gram Sabha, reservation for Backward Classes and giving Panchayats financial powers.

17. Compulsory Provisions — Complete List

[1] What are the compulsory provisions of Panchayati Raj?

Organisation of Gram Sabha.
Establishment of Panchayats at village, intermediate and district levels.
Direct elections to all Panchayat seats at all three levels.
Indirect election of Chairpersons at intermediate and district levels.
Voting rights for Chairpersons and other elected members.
Minimum age of 21 years for contesting Panchayat elections.
Reservation of seats for SCs and STs at all three levels.
Reservation of at least one-third seats for women.
Five-year tenure of Panchayats.
Fresh elections within six months after dissolution.
State Election Commission for Panchayat elections.
State Finance Commission every five years.

18. Voluntary Provisions — Complete List

[1] What are the voluntary provisions of Panchayati Raj?

Giving powers and functions to Gram Sabha.
Determining the method of election of village Panchayat Chairperson.
Representation of village Panchayat Chairpersons in intermediate Panchayats.
Representation of MPs and MLAs at different Panchayat levels.
Reservation of seats for Backward Classes.
Giving Panchayats powers to function as autonomous bodies.
Devolution of powers to prepare plans for economic development and social justice.
Transfer of some or all of the 29 Eleventh Schedule functions.
Giving Panchayats power to levy, collect and appropriate taxes, duties, tolls and fees.
Assigning State-collected taxes and duties to Panchayats.
Providing grants-in-aid from the Consolidated Fund of the State.
Creating funds for Panchayat money.

19. Panchayat Extension to Scheduled Areas — PESA

[1] Does Part IX automatically apply to Fifth Schedule Areas?

No. Part IX does not automatically apply to Fifth Schedule Areas.

[2] Which law extends Panchayati Raj to Scheduled Areas?

The Panchayats (Extension to Scheduled Areas) Act, 1996, commonly called the PESA Act, extends Panchayati Raj provisions to Scheduled Areas with modifications.

[3] What is the main objective of PESA?

The main objectives are:

To provide self-rule to tribal people.
To protect tribal traditions and customs.
To preserve cultural identity and community resources.
To ensure participatory democracy at the village level.
To create an administrative system consistent with traditional practices.
To prevent higher-level Panchayats from taking away the powers of Gram Sabha.

[4] What must State laws relating to Panchayats in Scheduled Areas respect?

State laws must be consistent with:

Customary law
Social and religious practices
Traditional management practices

[5] Who forms the Gram Sabha in Scheduled Areas?

Every village must have a Gram Sabha consisting of persons whose names are included in the electoral roll of the village-level Panchayat.

[6] What powers are given to Gram Sabha under PESA?

Gram Sabha is empowered to protect:

Customs and traditions
Cultural identity
Community resources
Customary methods of dispute resolution

20. Powers of Gram Sabha under PESA

[1] What development plans must be approved by Gram Sabha?

Gram Sabha must approve plans, programmes and projects related to socio-economic development.

Example: If a government wants to construct a road, school or drinking-water project in a tribal village, Gram Sabha approval is important under PESA.

[2] Who identifies beneficiaries under poverty alleviation programmes?

Gram Sabha identifies beneficiaries under poverty alleviation programmes.

Example: Gram Sabha can identify which genuinely poor families should receive housing or livelihood benefits.

[3] Who certifies the utilisation of funds for Panchayat projects?

The village Panchayat must obtain certification from Gram Sabha regarding the utilisation of funds and completion of projects.

[4] Is Gram Sabha recommendation necessary for mining leases of minor minerals?

Yes. The recommendation of Gram Sabha or Panchayat is mandatory before granting a mining lease for minor minerals in Scheduled Areas.

[5] Is consultation with Gram Sabha required before land acquisition?

Yes. Gram Sabha or Panchayat must be consulted before acquiring land for different projects.

21. Reservation under PESA

[1] How are seats reserved under PESA?

Seats are reserved in proportion to the population of the communities for whom reservation is provided under Part IX.

[2] What is the minimum reservation for Scheduled Tribes under PESA?

Reservation for STs must not be less than one-half of the total seats.

[3] Who occupies Chairperson offices under PESA?

All Chairperson offices at all levels are reserved for Scheduled Tribes.

[4] Can the State Government nominate ST members?

Yes. The State Government may nominate ST members who have no representation at the intermediate or district level.
The number of nominated members cannot exceed one-tenth of the total elected members.

22. Role of State Legislature under PESA

[1] What administrative pattern should the State try to follow in Scheduled Areas?

The State should try to follow the pattern of the Sixth Schedule while designing district-level administrative arrangements in Scheduled Areas.

[2] What protection must State laws provide to lower-level Panchayats?

State laws must ensure that higher-level Panchayats do not take away the powers and authority of lower-level Panchayats and Gram Sabha.

23. Municipalities — Historical Evolution

[1] When was the first Municipal Corporation established in India?

The first Municipal Corporation was established in Madras in 1688.
Madras is now known as Chennai.

[2] When were Municipal Corporations established in Bombay and Calcutta?

Municipal Corporations were established in Bombay and Calcutta in 1726.
Bombay is now Mumbai and Calcutta is now Kolkata.

[3] What was Lord Mayo’s contribution to Local Self-Government?

In 1870, Lord Mayo introduced a resolution on financial decentralisation.

[4] What was Lord Ripon’s contribution to Local Self-Government?

In 1882, Lord Ripon introduced a resolution known as the Magna Carta of Local Self-Government.

[5] When was the Royal Commission on Decentralisation appointed?

The Royal Commission on Decentralisation was appointed in 1907.

[6] When did Local Self-Government become a transferred subject?

Under the Government of India Act, 1919, Local Self-Government became a transferred subject.

[7] When was the Cantonments Act passed?

The Cantonments Act was passed in 1924.

[8] When did Local Government become a provincial subject?

Under the Government of India Act, 1935, Local Government became a provincial subject.

24. Meaning and Constitutionalisation of Municipalities

[1] What are Municipalities?

Municipalities are institutions of Local Self-Government in urban areas.

Example: A Municipal Corporation manages urban services in cities such as Mumbai, Patna, Bengaluru and Delhi.

[2] How are Municipalities established?

Municipalities are established in every State by an Act of the State Legislature.

[3] What is the objective of Municipalities?

Their objective is to establish democracy at the grassroots level and provide urban civic services.

[4] Which Constitutional Amendment gave constitutional status to Municipalities?

The 74th Constitutional Amendment Act, 1992 gave constitutional status to Municipalities.

[5] Which Part and Schedule were added by the 74th Amendment?

Part IX-A was added.
It contains Articles 243P to 243ZG.
The Twelfth Schedule was added.
The Twelfth Schedule contains 18 functional items of Municipalities.

25. Types of Municipalities — Article 243Q

[1] What is a Nagar Panchayat?

A Nagar Panchayat is constituted for a transitional area, where an area is changing from rural to urban.

Example: A rapidly developing village area where houses, shops and industries are increasing may become a Nagar Panchayat.

[2] What is a Municipal Council?

A Municipal Council is constituted for a smaller urban area.

[3] What is a Municipal Corporation?

A Municipal Corporation is constituted for a larger urban area.

Example: Brihanmumbai Municipal Corporation manages Mumbai, one of India’s largest cities.

[4] Who specifies whether an area will be a Nagar Panchayat, Municipal Council or Municipal Corporation?

The Governor specifies the category of urban area.

[5] Which factors are considered while classifying an urban area?

The Governor considers:

Population
Density of population
Revenue generated for local administration
Percentage of employment in non-agricultural activities
Economic importance
Other factors considered appropriate

[6] Can an urban area be declared an Industrial Township instead of a Municipality?

Yes. If municipal services are being provided by an industrial establishment, the Governor may specify the area as an Industrial Township.

Example: If a large industrial company provides roads, water, sanitation and other civic facilities to its township, a separate Municipality may not be created.

26. Composition of Municipalities — Article 243R

[1] How are members of Municipalities elected?

All members are directly elected by the people of the municipal area.

[2] What are the territorial constituencies of a Municipality called?

They are called Wards.

[3] Who decides the method of election of the Municipal Chairperson?

The State Legislature may decide the method of election of the Chairperson.

[4] Can persons with special knowledge of municipal administration be represented in a Municipality?

Yes. The State may provide representation for persons having special knowledge or experience in municipal administration.
However, such nominated persons do not have the right to vote.

[5] Which Lok Sabha MPs and MLAs can participate in Municipalities?

Lok Sabha MPs and MLAs representing constituencies that wholly or partly comprise the municipal area may be represented.

[6] Which Rajya Sabha MPs and MLCs can participate in Municipalities?

Rajya Sabha MPs and MLCs registered as voters in the municipal area may be represented.

[7] Can Chairpersons of committees be represented in Municipalities?

Yes. Chairpersons of committees other than Ward Committees may be represented.

27. Ward Committee — Article 243S

[1] When is a Ward Committee required?

A Ward Committee may be constituted in a Municipality having a population of 3 lakh or more.

[2] Can a Ward Committee cover more than one ward?

Yes. It may consist of one or more wards within the territorial area of the Municipality.

[3] Who decides the composition and territorial area of a Ward Committee?

The State Legislature decides these matters.

28. Reservation in Municipalities — Article 243T

[1] Are seats reserved for SCs and STs in Municipalities?

Yes. Seats are reserved for SCs and STs in proportion to their population.

[2] What is the minimum reservation for women in Municipalities?

At least one-third of the total seats are reserved for women.
This includes seats reserved for SC/ST women.

[3] Can States provide reservation for Backward Classes in Municipalities?

Yes. The State Legislature may provide reservation for Backward Classes.

[4] Who decides the method of reservation for Municipal Chairpersons?

The State Legislature may provide the method of reservation for SC/ST Chairperson offices.

29. Duration of Municipalities — Article 243U

[1] What is the tenure of a Municipality?

The normal tenure is five years.

[2] When must Municipal elections be held?

Elections must be held before the completion of the five-year term.

[3] What happens if a Municipality is dissolved before five years?

Elections must be held within six months of dissolution.

[4] Is an election necessary if the remaining term is less than six months?

No. If the remaining period is less than six months, an election for that short remaining term is not necessary.

[5] What is the tenure of the newly elected Municipality after early dissolution?

It continues only for the remaining period of the original Municipality.

30. Disqualification for Municipal Membership — Article 243V

[1] Who can prescribe disqualifications for Municipality membership?

Disqualifications may be prescribed by any law made by the State Legislature.

[2] What is the minimum age for contesting Municipality elections?

The minimum age is 21 years.

[3] Who decides questions of disqualification?

Questions of disqualification are referred to the authority determined by the State Legislature.

31. Powers and Functions of Municipalities — Article 243W

[1] Who gives powers and authority to Municipalities?

The State Legislature may give powers and authority to Municipalities by law.

[2] What is the purpose of giving powers to Municipalities?

The purpose is to enable Municipalities to function as institutions of self-government.

[3] How many functions are listed in the Twelfth Schedule?

The Twelfth Schedule contains 18 functional items.

[4] Give examples of functions listed in the Twelfth Schedule.

Examples include:

Urban planning
Regulation of land use
Roads and bridges
Water supply
Public health and sanitation
Fire services
Urban forestry
Slum improvement
Urban poverty alleviation
Street lighting
Birth and death registration

32. Finances of Municipalities — Article 243X

[1] What financial powers may be given to Municipalities?

The State Legislature may authorise Municipalities to:

Levy taxes, duties, tolls and fees.
Collect taxes, duties, tolls and fees.
Appropriate the collected money.
Receive taxes collected by the State Government.
Receive grants-in-aid from the Consolidated Fund of the State.
Create municipal funds.

[2] Why do Municipalities need financial powers?

Municipalities need money to provide services such as roads, garbage collection, water supply, drainage and street lighting.

Example: Patna Municipal Corporation needs funds to maintain roads, remove garbage and provide urban services.

33. Finance Commission for Municipalities — Article 243Y

[1] Is there a separate Finance Commission for Municipalities?

The State Finance Commission also reviews the financial position of Municipalities.

Logic: Panchayats and Municipalities both need financial resources. Therefore, the State Finance Commission examines the finances of both rural and urban local bodies.

34. Audit of Municipal Accounts — Article 243Z

[1] Who can make provisions for municipal accounts and audit?

The State Legislature may make provisions regarding the maintenance of accounts and audit of Municipalities.

35. Elections to Municipalities — Article 243ZA

[1] Who controls Municipality elections?

The State Election Commission has the superintendence, direction and control of Municipality elections.

[2] Is the Election Commission of India responsible for Municipality elections?

No. Municipality elections are conducted by the State Election Commission, not by the Election Commission of India.

Example: Lok Sabha elections are conducted by the Election Commission of India, while Municipal Corporation elections are conducted by the State Election Commission.

36. Application to Union Territories — Article 243ZB

[1] Do municipal provisions automatically apply to Union Territories?

No. They do not automatically apply to Union Territories.

[2] How can municipal provisions apply to Union Territories?

They apply when the President issues an order.

37. Exempted Areas — Article 243ZC

[1] Which areas are exempted from municipal provisions?

Municipal provisions do not automatically apply to:

Scheduled Areas
Tribal Areas of States
Darjeeling Gorkha Hill Council area of West Bengal

[2] Can Parliament extend municipal provisions to Scheduled and Tribal Areas?

Yes. Parliament may extend these provisions with modifications.

38. District Planning Committee — Article 243ZD

[1] Where is the District Planning Committee constituted?

It is constituted at the district level in every State.

[2] What is the main objective of the District Planning Committee?

Its objective is to prepare a draft development plan for the whole district.

[3] How is the district development plan prepared?

It is prepared by consolidating:

Plans prepared by Panchayats.
Plans prepared by Municipalities.

[4] What factors are considered by the District Planning Committee?

It considers:

Common interests between Panchayats and Municipalities.
Available resources.
Other matters specified by the Governor.

[5] Who decides the composition of the District Planning Committee?

The State Legislature may decide:

Composition of the Committee.
Method of filling seats.
Method of choosing the Chairperson.

[6] How many members of the District Planning Committee must be elected?

At least four-fifths of the members must be elected by the elected members of district Panchayats and Municipalities.

[7] On what basis is representation in the District Planning Committee decided?

Representation is in proportion to the ratio between the rural and urban population of the district.

[8] Who forwards the District Planning Committee’s plan to the State Government?

The Chairperson forwards the plan to the State Government.

39. Metropolitan Planning Committee — Article 243ZE

[1] Where is the Metropolitan Planning Committee constituted?

It is constituted in every Metropolitan Area.

[2] What is a Metropolitan Area?

A Metropolitan Area is an area having a population of more than 10 lakh.

[3] What is the objective of the Metropolitan Planning Committee?

Its objective is to prepare a draft development plan for the metropolitan area.

[4] How is the metropolitan development plan prepared?

It is prepared by consolidating plans prepared by:

Panchayats
Municipalities

[5] What factors are considered by the Metropolitan Planning Committee?

It considers:

Common interests of Panchayats and Municipalities.
Overall aims and priorities of the Central and State Governments.
Nature of investment.
Available resources.
Other institutions specified by the Governor.

[6] Who decides the composition of the Metropolitan Planning Committee?

The State Legislature may decide:

Composition of the Committee.
Method of filling seats.
Method of choosing the Chairperson.

[7] How many members of the Metropolitan Planning Committee must be elected?

At least two-thirds of the members must be elected by elected members of Municipalities and Panchayats in the metropolitan area.

[8] On what basis is representation in the Metropolitan Planning Committee decided?

Representation is in proportion to the ratio between the rural and urban population of the metropolitan area.

[9] Who forwards the metropolitan development plan to the State Government?

The Chairperson forwards the plan to the State Government.

40. Bar to Interference by Courts in Municipal Elections — Article 243ZG

[1] Can the delimitation of municipal constituencies be challenged in court?

No. The validity of laws relating to delimitation of constituencies or allotment of seats cannot be questioned in any court.

[2] Where can a municipal election dispute be filed?

An election petition must be filed before the authority specified by the State Legislature.

41. Types of Urban Local Government

[1] What is a Municipal Corporation?

A Municipal Corporation administers a large city.
Example: Brihanmumbai Municipal Corporation in Mumbai.

Administrative structure:

Mayor
Council
Standing Committees
Municipal Commissioner

[2] Who is the political head of a Municipal Corporation?

The Mayor is the political head of a Municipal Corporation.

Example: The Mayor presides over the elected council, while the Municipal Commissioner generally handles executive administration.

[3] Who is the executive head of a Municipal Corporation?

The Municipal Commissioner is generally the executive head.

Logic: Mayor is usually the political representative, while Municipal Commissioner manages administration and implementation.

[4] What is a Municipality or Municipal Council?

It administers towns and smaller cities.
It usually consists of a Council headed by a President, standing committees and a Chief Executive Officer.

[5] What is a Notified Area Committee?

It is created for fast-developing towns or areas that do not fulfil the requirements of a Municipality.

Important: It is an entirely nominated body. Its members are nominated by the State Government.

[6] What is a Town Area Committee?

It is a semi-municipal authority created for small-town administration.
It has limited functions.

Its composition depends on State law. It may be:

Wholly elected
Wholly nominated
Partly elected and partly nominated

[7] What is a Cantonment Board?

A Cantonment Board manages civilian administration in a cantonment area.

It is created under the Cantonments Act.
It works under the Ministry of Defence.
It contains both elected and nominated members.

[8] What is a Township?

A Township is created to provide civic amenities to employees and workers of a large public-sector enterprise.

Town Administrator is appointed by the public enterprise.
There are no elected members.

[9] What is a Port Trust?

A Port Trust manages and protects a port and provides civil administration in and around the port.

It is created by an Act of Parliament and contains both elected and nominated members.

[10] What is a Special Purpose Agency?

A Special Purpose Agency is created to perform a specific function rather than administer a particular geographical area.

Example: A development authority created specifically for urban planning or housing.
These may be statutory bodies created by State Legislature or executive bodies created by the government.

[11] Are Special Purpose Agencies subordinate to Municipalities?

No. They are generally autonomous bodies and are not subordinate to local municipal bodies.

42. Central Council of Local Government

[1] When was the Central Council of Local Government established?

It was established in 1954.

[2] Under which Article was the Central Council of Local Government constituted?

It was constituted under Article 263 by the President.

[3] Does the Central Council of Local Government deal with rural or urban government?

It deals with urban government only.

[4] Is the Central Council of Local Government an executive or advisory body?

It is an advisory body.

[5] Who is the Chairman of the Central Council of Local Government?

The Union Minister for Urban Development is the Chairman.

[6] Who are the other members of the Central Council of Local Government?

The Ministers in charge of Local Self-Government in the States are members.

43. Quick Comparison: Panchayats and Municipalities

[1] What is the difference between Panchayats and Municipalities?

Basis	Panchayats	Municipalities
Area	Rural areas	Urban areas
Constitutional Amendment	73rd Amendment	74th Amendment
Constitutional Part	Part IX	Part IX-A
Articles	243 to 243-O	243P to 243ZG
Schedule	Eleventh Schedule	Twelfth Schedule
Functional Items	29	18
Election Body	State Election Commission	State Election Commission
Normal Tenure	5 years	5 years
Minimum Contesting Age	21 years	21 years

44. Important Current-Understanding Examples

[1] Who is the current President of India, and how can the President be connected with local government?

The President of India is Droupadi Murmu.

Explanation: The President does not directly run a Gram Panchayat or Municipality. However, the Constitution gives the President certain powers, such as issuing orders for applying Panchayati Raj or municipal provisions to Union Territories.

[2] Who is the Speaker of the Lok Sabha, and how can the Speaker be connected with Panchayats?

The Speaker of the Lok Sabha is Om Birla.

Explanation: The Lok Sabha Speaker is not the head of a Panchayat. But a Lok Sabha MP may participate in Panchayat meetings in the constituency represented by that MP, subject to State law.

[3] Can a Lok Sabha MP participate in a Gram Panchayat meeting?

Under the constitutional framework, participation of MPs and MLAs may be provided at the intermediate and district levels, not at the village level.

Important: Therefore, do not automatically assume that every MP can vote or participate in every Gram Panchayat meeting.

45. Most Important One-Line Revision

[1] What are the most important facts of this chapter?

Father of Local Self-Government: Lord Ripon
Article 40: Organisation of Village Panchayats
73rd Amendment: Panchayats
74th Amendment: Municipalities
73rd Amendment passed: 1992
73rd Amendment enforced: 24 April 1993
Part IX: Articles 243 to 243-O
Part IX-A: Articles 243P to 243ZG
Eleventh Schedule: 29 items
Twelfth Schedule: 18 items
Gram Sabha: Article 243A
Three-tier structure: Article 243B
Composition: Article 243C
Reservation: Article 243D
Duration: Article 243E
State Finance Commission: Article 243I
State Election Commission: Article 243K
PESA: 1996
Municipalities: Article 243Q onwards
Ward Committee: Article 243S
District Planning Committee: Article 243ZD
Metropolitan Planning Committee: Article 243ZE
Election bar for Municipalities: Article 243ZG
Minimum age for Panchayat/Municipality elections: 21 years
Normal tenure: 5 years
Fresh election after dissolution: Within 6 months