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Analysis of Municipalities


Authored By- Ayushi Patil

Keywords- Municipalities, Indian Constitution, Local Government, Municipal Corporations, Public.


Abstract

Municipalities perform their duty toward the public in order to meet increased demands and services. Municipality manages area by the legal procedure. The goals are set towards municipalities and they should follow to evaluate progress. Hence the article attempts to describe the practical work of municipality Thus; these institutions play a very important role in improving the quality of life of citizens in rural areas and urban centres. Through this article, we studied in detail these provisions of the Constitution to gain more insight into the world of local self-governments. This article aims to showcase the management of the municipality by determining its functions, features power, etc.


Introduction

A municipality is a committee or a group of people elected by a local government having corporate status with limited rights under their boundaries for serving a small town or village through a political unit. The municipality was added to the Indian Constitution by the Seventy-Fourth Amendment Act 1992. A municipality is a local government for governing in a town or district. The elected people have the powers conferred by constitution and law. In, Maganlal Chhagganlal (P) Ltd v. Municipal Corporation Of Greater[1], it was held that a municipality is basically responsible for certain public services like water disposal, police, fire protection, water supply, etc. The municipality has its own government but sometimes two municipalities decide mutually and come together to perform their duty where two neighbouring village’s municipalities share the same lake or garbage disposal centre to cut cost. The municipality is a territorial or a political structure. It is known as Nagar Palika. It is a local body with a population of 100,000 but not more than 1,000,000. Municipalities are constituted in both urban and rural areas. They interact with the state government. The representatives are elected for 5years in each ward to perform duties and responsibilities mentioned in the Indian Constitution. Municipality enjoys the power and autonomy of administration. There are certain criteria where municipalities considered sufficient for setting up a huge population with the scope for future development. To set up the municipality’s willingness of the people to undertake the burden and the public opinion towards the favour of a corporation is mandatory.


Indian Constitution under Municipality

The municipality was added to the Indian constitution by the Seventy-Fourth Amendment Act 1992. It is defined in the article (243P to Article 243ZG) Part 9A of the constitution, whereas the municipality has been defined in Article 243P and constituted under Article 243Q. Constitution composition of ward committees comes under 243R and 243S. Provision for Reservation of seats in the municipality is given in the Article 243T. There is an exact duration of operation of a municipality and it is specified in the constitution under Article 243U. In, Olga Tellis v. Bombay Municipal Corporation[2] it was held that a member can be disqualified under Article 243V of the Constitution. Municipality plays an important role in powers, authorities, and responsibilities as per Article 243W of the constitution. The municipality needs funds to carry out the services and responsibilities that are contributed by the people for their welfare. Finance Commission and Audit of accounts of municipalities come under Article 243Y and 243Z. The election takes place under the guidelines and the controls mentioned in article 243-ZA. Municipalities can apply applications to union territories under Article 243-ZB. There are several areas where the state cannot establish municipalities provided under Article 243ZC. Committee for district planning can be done under Article 243-ZD and metropolitan planning under Article 243-ZE. Article 243-ZF states that any such laws can be continued by existing law and municipalities in various states. Courts should not interfere in the electoral matters that come under Article 243ZG where the court has to right to interfering in the matters of municipalities.


Features of municipalities

1. Protective Bordered Organization: Municipality has certain legal boundaries it cannot exist beyond the limits. It protected the political organization. Municipality works on the authorities and limits given to them. The area of control is clearly defined.

2. Legal Position: The Corporation is constituted by the government and they pass an act. The state government can create such legal entities with the help of law.

3. Dependent Status: The powers are given by the state government municipalities whereas they alone cannot own any power. The state government also has the power to dissolve if there is a fault in their duties given to them. The formation of a municipality depends on the area and the size of the population.

4. Right of local self-government: Municipalities have the right to permit local people to handle matters. It can also make rules and regulations autonomy level for day to day work. It is called the concept of self-governing.

5. The principle of contribution by people towards expenditure: The expenses depend on the services through various tax and fees and it should be contributed by the people of that area.

6. Self-Administration: Municipality is a self-administration because it is managed by the people for their common welfare.


Importance of Municipalities

1. Municipalities take care of necessities of the community like health, education, water supply, property matters, and house taxes.

2. To conduct elections for the public and its main aim to resolve daily disputes.

3. To make interactions with the state government for bringing things in control and administering such a large level of population.

4. To help to provide services like road, water supply, birth, sanitation, flood control, drainage, and public safety services in the local.


Functions of municipalities:

There are two types of functions; compulsory functions and obligatory functions that come under the 74th Constitutional Amendment. In, Municipal Council, Ratlam v. Shri Vardhichand & Ors[3], the following functions were laid down


Obligatory functions:

1. supply of water and electricity

2. Road transport services

3. Construction of public hospitals

4. To keep public streets and places clean

5. Demolition of dangerous buildings and places

6. Registration of births and deaths

7. Education of the primary section

8. To Controls and regulates the eating places


Discretionary functions:

1. Constructing parks, libraries, gardens, museums for the public

2. Planting trees taking care watering trees on the roadside

3. Taking care of stray pigs and dogs

4. Occasionally playing music for people

5. Registration of marriage

6. Doing surveys of buildings and lands

7. Organisation of exhibitions and public programs

8. Facilities of granting loans to people

9. Establishing factories


Conclusion

In view of the above, it can be concluded that the municipality plays an important role in villages and rural areas. The municipality has powers but they should obey and perform their duties honestly. There are maybe several problems and municipalities should resolve them as their duties. The main aim of the Municipality is development, which should be done by following the rules and regulations mentioned in the Indian constitution. Municipality is a local government and has basic powers and duty including political activities. In this way, it fulfils demands of the growing population and urbanization in various cities which were in need of the local governing body that can work for providing necessary community service.

[1] 1974 AIR 2009 [2] 1986 AIR 180 [3] 1981 SCR (1) 97


References-

1. https://www.google.co.in/amp/s/municipal.uslegal.com/powers-functions-and-duties-of-municipality/%3famp

2. http://www.makana.gov.za/wp-content/uploads/2013/07/Local-Government-Functions-and-Objectives.pdf

3. https://shodhganga.inflibnet.ac.in/bitstream/10603/70891/8/08_chapter%201.pdf

4. https://blog.ipleaders.in/panchayat-muncipality-society/

5. https://www.advocatekhoj.com/library/bareacts/constitutionofindia/index.php?Title=Constitution%20of%20India,%201949