Local Governance: the 73rd and 74th Amendments; State Election and Finance Commissions and District Planning Committees; Rural Governance, PRI Finance and Personnel, and MGNREGA; Urbanisation, Municipal and Metropolitan Governance, Urban Finance and Reforms

The rest of Unit IV reads: "Local Governance: 73rd & 74th Constitutional Amendment Acts: State Election Commission ; State Finance Commission; District Planning Committee; Rural Governance - Gram Sabha, Gram Panchayats, Panchayat Samitis and Zila Parishads, Finance in PRIs, Personnel administration at local level; Policies and Programmes of Rural Development – MGNAREGA. Growth of Urbanization, Urban Governance - Structure, Composition, Functions of Municipal Corporations, Municipal Councils, Nagar Panchayats and Metropolitan Governance - Sources of Finance; Personnel Administration. Reforms in Urban Governance -Solid Waste Management, Smart and AMRUT cities". The document prints "MGNAREGA"; the programme is MGNREGA, the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (named NREGA until 2009). The administrative question throughout is the "three Fs" — whether local bodies actually receive the functions, funds and functionaries the amendments intended.

1. The 73rd and 74th Amendments and their institutions

The 73rd Amendment (1992) added Part IX (Articles 243 to 243O) and the Eleventh Schedule (29 subjects) and came into force on 24 April 1993, now observed as National Panchayati Raj Day; the 74th Amendment (1992) added Part IXA (Articles 243P to 243ZG) and the Twelfth Schedule (18 subjects) and came into force on 1 June 1993. Their mandatory provisions are a three-tier panchayat structure (with the intermediate tier optional in states below twenty lakh population); direct elections every five years, with fresh elections within six months of a dissolution; reservation of seats and chairpersons' posts for Scheduled Castes and Scheduled Tribes in proportion to population and of not less than one-third for women; and the establishment of the institutions below. Devolving the scheduled subjects is discretionary — states "may" endow local bodies with powers — which is why the degree of real decentralisation varies so widely across states.

Institutions created by the 73rd and 74th Amendments
InstitutionArticleFunction
State Election Commission243K (panchayats); 243ZA (municipalities)Superintends, directs and controls the preparation of electoral rolls and the conduct of local elections; the State Election Commissioner is appointed by the Governor and removable only like a High Court judge
State Finance Commission243I (panchayats); 243Y (municipalities)Constituted by the Governor every five years to recommend the sharing of state taxes, the assignment of taxes and fees, and grants-in-aid to local bodies
District Planning Committee243ZDConsolidates the plans of panchayats and municipalities into a draft district development plan; at least four-fifths of members elected by and from the elected members of the district's local bodies, in proportion to the rural and urban population
Metropolitan Planning Committee243ZEPrepares a draft development plan for a metropolitan area (population of ten lakh or more); at least two-thirds of members elected by the area's municipal and panchayat members
⚠️ Mandatory or voluntary?
Mandatory: three tiers (subject to the twenty-lakh exception), five-year terms, direct elections, SC/ST reservation, one-third for women, State Election and Finance Commissions, Gram Sabha. Voluntary (left to the state): devolving the Eleventh Schedule subjects, reserving seats for backward classes, giving local bodies taxation powers, and representing MPs and MLAs in panchayats. Several states have raised women's reservation to fifty per cent — which the Constitution permits, since one-third is a floor. The PESA Act, 1996 extends Part IX to Fifth Schedule areas with a strong Gram Sabha.

2. Rural governance: the tiers, PRI finance and personnel

The Gram Sabha (Article 243A) — all persons on the electoral roll of a village — is the only body of direct democracy in the structure: it approves plans and beneficiary lists, conducts social audit, and holds the Gram Panchayat to account. The Gram Panchayat is the elected executive at the village level, headed by a Sarpanch or Pradhan; the Panchayat Samiti (or block panchayat) at the intermediate level coordinates block plans; and the Zila Parishad at the district level approves district plans and supervises the lower tiers. Chairpersons of the intermediate and district tiers are elected indirectly, from among the elected members.

Finance is the weak link. Panchayats have own-source revenue (property and house tax, fees, market and fair dues, water rates), but it is typically a small fraction of their spending; the bulk comes from transfers — the State Finance Commission's share of state taxes and grants, Union Finance Commission grants to rural local bodies (substantial since the Thirteenth and Fourteenth Commissions, with the Fifteenth tying part of them to water and sanitation), and funds routed through centrally sponsored schemes. Local bodies' dependence on tied grants reduces their discretion. Personnel is the other weak link: most panchayats have only a panchayat secretary, often shared among several villages, and rely on state line-department staff who answer to their own departments rather than to the elected body; the Block Development Officer and the Zila Parishad's chief executive officer are state officials. Without "functionaries", devolved functions remain on paper.

Rural development programmes are the main business of the lower tiers. The flagship is the Mahatma Gandhi National Rural Employment Guarantee Act, 2005: as enacted, it gave every rural household whose adult members volunteer for unskilled manual work a legal right to 100 days of wage employment in a financial year; work was to be provided within fifteen days of demand, failing which an unemployment allowance was payable; at least one-third of beneficiaries were to be women; the Gram Panchayat was to execute at least half the works by cost; contractors and labour-displacing machinery were barred; and Section 17 made social audit by the Gram Sabha mandatory. It came into force in 200 districts on 2 February 2006, covered all rural districts from 2008, and was renamed after Mahatma Gandhi in 2009. Its administrative significance lies in the rights-based, demand-driven design, as opposed to supply-driven schemes, and in the transparency tools it pioneered.

3. Urbanisation and urban governance

India's urban population rose from about 17 per cent in 1951 to 31.1 per cent at the 2011 Census (about 377 million people), and the number of census towns — settlements that are urban in character but governed as villages — grew sharply, a sign that urban governance lags urbanisation. Article 243Q provides for three kinds of municipality: a Nagar Panchayat for a transitional area (from rural to urban), a Municipal Council for a smaller urban area, and a Municipal Corporation for a larger urban area — the criteria (population, density, revenue, non-agricultural employment) being set by each state.

Structure of urban local bodies
BodyDeliberative wingExecutive wing
Municipal CorporationElected council of corporators headed by a Mayor (directly or indirectly elected, usually for a short term in most states); standing committeesMunicipal Commissioner, a state-appointed officer (often IAS) holding the executive powers — the "commissioner system"
Municipal CouncilElected councillors with a chairperson or presidentExecutive or chief officer appointed by the state
Nagar PanchayatElected members with a chairpersonExecutive officer

The Twelfth Schedule's functions range from urban planning, land-use regulation and roads to water supply, public health, sanitation and solid waste management, fire services, slum improvement, urban poverty alleviation, parks, burial grounds and vital statistics. Metropolitan governance is fragmented: a metropolitan region contains several municipal bodies, panchayats, parastatal development authorities and utilities created by state statute (water boards, transport corporations) that are not accountable to the elected councils, and the Metropolitan Planning Committees required by Article 243ZE have been constituted in only a few metropolitan areas. Urban finance comes from property tax (the main own tax), professional tax, advertisement tax, user charges, fees, state transfers and Finance Commission grants; octroi has been abolished everywhere and the local taxes subsumed in the GST (2017) cut municipal own revenue further. Some cities have raised municipal bonds — Ahmedabad's issue of 1998 was the first without a state guarantee, and Pune revived the market in 2017. Personnel systems are of three kinds: separate (each municipality appoints its own staff), unified (a state-wide municipal service transferable among municipalities) and integrated (municipal staff are part of the state's own services).

4. Reforms in urban governance: solid waste, Smart Cities and AMRUT

Solid waste management is a core municipal function under the Solid Waste Management Rules, 2016, which require segregation at source into biodegradable, non-biodegradable and domestic hazardous waste, door-to-door collection, user fees, integration of informal waste-pickers, and scientific processing and disposal, with extended producer responsibility for packaging. The Swachh Bharat Mission (launched 2 October 2014), with its urban and rural wings, and its second phase from 2021, funded toilets, collection and processing, and ranked cities in the annual Swachh Survekshan survey.

Urban missions
MissionLaunchedDesign
JNNURM (Jawaharlal Nehru National Urban Renewal Mission)2005Infrastructure and basic services to the urban poor in selected cities, with funds conditional on mandatory reforms — implementing the 74th Amendment, property-tax reform, accrual accounting, repeal of urban land ceiling
Smart Cities Mission25 June 2015100 cities chosen through a competition; area-based development (retrofitting, redevelopment, greenfield) and pan-city technology solutions; implemented through a company-form special purpose vehicle in each city
AMRUT (Atal Mission for Rejuvenation and Urban Transformation)25 June 2015; AMRUT 2.0 from 1 October 2021Basic infrastructure — water supply, sewerage, storm-water drainage, urban transport, green spaces — in about 500 cities, with reforms in municipal governance and credit rating; AMRUT 2.0 aims at water security in all statutory towns
ℹ️ "Smart and AMRUT cities"
The syllabus's phrase joins two separate missions launched on the same day. The Smart Cities Mission selected a hundred cities for intensive area-based redevelopment; AMRUT is a mission for basic services in roughly five hundred cities and is not a category of "city" as such. The critique of the Smart Cities model is that its special purpose vehicles, run as companies, bypass elected municipal councils — the opposite of the 74th Amendment's aim — and concentrate spending in small areas.

Key takeaways

  • The 73rd Amendment (Part IX, Eleventh Schedule, 29 subjects) took effect on 24 April 1993; the 74th (Part IXA, Twelfth Schedule, 18 subjects) on 1 June 1993.
  • State Election Commissions (243K), State Finance Commissions (243I, every five years), District Planning Committees (243ZD) and Metropolitan Planning Committees (243ZE) are the amendments' institutions.
  • The Gram Sabha is the one body of direct democracy; PRIs remain weak in own revenue and dedicated personnel — the "three Fs" problem.
  • MGNREGA (2005; misprinted "MGNAREGA" in the syllabus) was a rights-based, demand-driven guarantee of 100 days' work with mandatory social audit under Section 17.
  • Article 243Q sets up Nagar Panchayats, Municipal Councils and Municipal Corporations; the Smart Cities Mission and AMRUT were both launched on 25 June 2015.

Practice questions (10)

Attempt each one before opening the answer. Every explanation names the tempting wrong option as well as the right one, because that is where marks are lost.

  1. How many subjects are listed in the Eleventh Schedule, which the 73rd Amendment added for panchayats? Type a number.

    Numerical answer — type the value.

    Show answer

    Answer: 29

    The Eleventh Schedule lists 29 subjects for panchayats; the Twelfth Schedule, added by the 74th Amendment, lists 18 for municipalities.
  2. Which of the following is a voluntary, not a mandatory, provision of the 73rd Amendment?

    1. Direct elections to all seats in panchayats
    2. Reservation of seats for backward classes
    3. Reservation of at least one-third of seats for women
    4. Constitution of a State Finance Commission every five years
    Show answer

    Answer: B — Reservation of seats for backward classes

    States may reserve seats for backward classes but are not required to. Women's one-third reservation, the State Finance Commission and direct elections are mandatory.
  3. Which of the following were features of MGNREGA as enacted in 2005? Select all that apply.

    1. A legal entitlement to 100 days of wage employment per rural household per year
    2. Employment limited to members of Scheduled Castes
    3. Mandatory social audit by the Gram Sabha
    4. Execution of works chiefly through private contractors
    Show answer

    Answer: A — A legal entitlement to 100 days of wage employment per rural household per year; C — Mandatory social audit by the Gram Sabha

    The Act guaranteed 100 days to any rural household willing to do unskilled manual work and made social audit mandatory under Section 17. It barred contractors, and it was universal, not caste-restricted.
  4. Under Article 243Q, a Nagar Panchayat is constituted for:

    1. A Sixth Schedule tribal area
    2. A larger urban area
    3. A metropolitan area of ten lakh or more
    4. A transitional area, in transition from a rural to an urban area
    Show answer

    Answer: D — A transitional area, in transition from a rural to an urban area

    Article 243Q provides Nagar Panchayats for transitional areas, Municipal Councils for smaller urban areas and Municipal Corporations for larger ones. Metropolitan areas get a Metropolitan Planning Committee under Article 243ZE.
  5. Assertion (A): Many panchayats cannot perform the functions formally devolved to them. Reason (R): Devolution of the Eleventh Schedule subjects is left to the states, and panchayats depend on tied transfers and on line-department staff who answer to their own departments. Choose the correct option.

    1. Both A and R are true, and R is the correct explanation of A
    2. Both A and R are true, but R is not the correct explanation of A
    3. A is true, but R is false
    4. A is false, but R is true
    Show answer

    Answer: A — Both A and R are true, and R is the correct explanation of A

    Both are true and R explains A: without matching funds and functionaries the functions devolved on paper cannot be carried out — the "three Fs" problem.
  6. The State Finance Commission is provided for in which article?

    1. Article 243I
    2. Article 280
    3. Article 243ZD
    4. Article 243K
    Show answer

    Answer: A — Article 243I

    Article 243I (read with 243Y for municipalities) requires a State Finance Commission every five years. 243K is the State Election Commission, 243ZD the District Planning Committee and 280 the Union Finance Commission.
  7. Which of the following statements about urban finance and personnel are correct? Select all that apply.

    1. Property tax is the principal own tax of most municipalities
    2. Octroi continues to be the largest source of municipal revenue in all states
    3. In a unified personnel system, staff belong to a state-wide municipal service transferable among municipalities
    4. Municipal bonds were issued by Ahmedabad in 1998
    Show answer

    Answer: A — Property tax is the principal own tax of most municipalities; C — In a unified personnel system, staff belong to a state-wide municipal service transferable among municipalities; D — Municipal bonds were issued by Ahmedabad in 1998

    Property tax is the main own tax, the unified system is correctly defined, and Ahmedabad's 1998 issue was India's first municipal bond without a state guarantee. Octroi has been abolished, and remaining local indirect taxes were subsumed in the GST.
  8. The Smart Cities Mission implements projects in each selected city through:

    1. The District Planning Committee
    2. The State Election Commission
    3. A special purpose vehicle incorporated as a company
    4. The Gram Sabha
    Show answer

    Answer: C — A special purpose vehicle incorporated as a company

    Each Smart City set up an SPV under the Companies Act to plan and execute projects — the feature critics say bypasses the elected municipal council.
  9. The 73rd Amendment came into force on 24 April 1993. What is that day now observed as?

    1. National Voters' Day
    2. National Panchayati Raj Day
    3. Constitution Day
    4. Civil Services Day
    Show answer

    Answer: B — National Panchayati Raj Day

    24 April is National Panchayati Raj Day. National Voters' Day is 25 January, Civil Services Day 21 April and Constitution Day 26 November.
  10. Which of the following best describes the governance problem of metropolitan areas in India?

    1. Excessive powers of the Metropolitan Planning Committees in every metropolis
    2. The absence of any elected body in metropolitan cities
    3. Direct control of all metropolitan areas by the Union government
    4. Fragmentation among many municipal bodies, panchayats and state parastatals not accountable to elected councils
    Show answer

    Answer: D — Fragmentation among many municipal bodies, panchayats and state parastatals not accountable to elected councils

    Metropolitan regions are split among multiple local bodies and powerful development authorities and utilities created by state law, while the Metropolitan Planning Committees meant to coordinate them exist in only a few areas.