Municipal Governance in India
Encyclopedia
Municipal governance in India has been in existence since the year 1687 with the formation of Madras Municipal Corporation and then Calcutta and Bombay Municipal Corporation in 1726. In early part of the nineteenth century almost all towns in India had experienced some form of municipal governance. In 1882 the then Viceroy of India, Lord Ripon's resolution of local self-government laid the democratic forms of municipal governance in India.
In 1919, a Government of India act incorporated the need of the resolution and the powers of democratically elected government were formulated. In 1935 another Government of India act brought local government under the purview of the state or provincial government and specific powers were given.
in a country is to create effective, responsive, democratic, transparent, accountable local governance framework organised according to a rational structure that promotes responsiveness and accountability; to provide responsive policy guidance and assistance to sub-national entities; to strengthen the legal, fiscal, economic and service delivery functions of municipalities; and to foster greater citizen participation in the governance of local bodies.
The municipal corporations and municipalities are fully representative bodies, while the notified area committees and town area committees are either fully or partially nominated bodies.
As per the Indian Constitution, 74th Amendment Act of 1992, the latter two categories of towns are to be designated as municipalities or nagar panchayats with elected bodies.
Until the amendments in state municipal legislations, which were mostly made in 1994, municipal authorities were organised on an (beyond the authority) basis and the state governments were free to extend or control the functional sphere through executive decisions without an amendment to the legislative provisions.
After the 74th Amendment was enacted there are only three categories of urban local bodies:
This article provides that there be a nagar panchayat
for transitional areas i.e. an area in transition from rural to urban, a municipality for a smaller urban area and a municipal corporation
for a larger urban area.
Article 243Q of the 74th Amendment requires that municipal areas shall be declared having regard to the population of the area, the density of population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as may be specified by the state government by public notification for this purpose.
Among all urban local governments, municipal corporations enjoy a greater degree of fiscal autonomy and functions although the specific fiscal and functional powers vary across the states, these local governments have larger populations, a more diversified economic base, and deal with the state governments directly. On the other hand, municipalities have less autonomy, smaller jurisdictions and have to deal with the state governments through the Directorate of Municipalities or through the collector of a district. These local bodies are subject to detailed supervisory control and guidance by the state governments.
, welfare, regulatory functions, public safety
, public infrastructure works, and development activities.
Public health includes Water supply
, Sewerage
and Sanitation
, eradication of communicable diseases etc.; welfare includes public facilities such as Education, recreation
, etc.; regulatory functions related to prescribing and enforcing Building regulations
, encroachments on public land, Birth registration and Death certificate
, etc.; public safety includes Fire protection
, Street lighting, etc.; public works measures such as construction and maintenance of inner city roads, etc.; and development functions related to Town planning and development of commercial markets. In addition to the legally assigned functions, the sectoral departments of the state government often assign unilaterally, and on an agency basis, various functions such as Family planning
, Nutrition and slum improvement, disease and Epidemic control, etc.
The Twelfth Schedule of Constitution (Article 243 w) provides an illustrative list of eighteen functions, that may be entrusted to the municipalities.
Besides the traditional core functions of municipalities, it also includes development functions like planning for Economic development
and Social justice
, urban poverty alleviation programs and promotion of cultural, educational and aesthetic aspects. However, conformity legislation enacted by the state governments indicate wide variations in this regard. Whereas Bihar
, Gujarat, Himachal Pradesh
, Haryana
, Manipur
, Punjab
and Rajasthan
have included all the functions as enlisted in the Twelfth Schedule in their amended state municipal laws, Andhra Pradesh
has not made any changes in the existing list of municipal functions. Karnataka
, Kerala
, Madhya Pradesh
, Maharashtra
, Orissa
, Tamil Nadu
, Uttar Pradesh
and West Bengal
states have amended their municipal laws to add additional functions in the list of municipal functions as suggested in the twelfth schedule.
There is a lot of difference in the assignment of obligatory and discretionary functions to the municipal bodies among the states. Whereas functions like planning for the social and economic development, urban forestry
and protection of the environment and promotion of ecological aspects are obligatory functions for the municipalities of Maharashtra
, in Karnataka
these are discretionary functions.
Provision of water supply and sewerage in several states has either been taken over by the state governments or transferred to state agencies. For example in Tamil Nadu
, Madhya Pradesh and Gujarat, water supply and sewerage works are being carried out by the state level Public Health Engineering Department or Water Supply and Sewerage Boards, while liability for repayment of loans and maintenance are with the municipalities. Besides these state level agencies, City Improvement Trusts and Urban Development Authorities
, like Delhi Development Authority
(DDA), have been set up in a number of cities. These agencies usually undertake land acquisition and development works, and take up remunerative projects such as markets and commercial complexes, etc. The Municipal bodies in most cases have been left only with the functions of garbage collection
, garbage disposal
, street lighting, construction and maintenance of roads, etc.
In terms of fiscal federalism
, functions whose benefits largely confine to municipal jurisdictions and may be termed as the essentially municipal functions. Similarly, functions that involve substantial economics of scale or are of national interest may not be assigned to small local bodies. For valid reasons, certain functions of higher authorities are appropriate to be entrusted with the Municipalities – as if under principal-agent contracts and may be called agency functions that need to be financed by intergovernmental revenues. Thus instead of continuing the traditional distinction between obligatory and discretionary functions the municipal responsibilities may be grouped into essentially municipal, joint and agency functions.
They are formed under the Corporations Act of 1835 of panchayati raj
system which mainly deals in providing essential services in every small town as well as village of a district/city. Their elections are held once in five year and the people choose the candidates. The largest corporations are in the four metropolitan cities of India, namely Delhi
, Mumbai
, Kolkatta and Chennai
. These cities not only have a large population, but are also the administrative as well as commercial centres of the country.
An urban centre with more than 30,000 and less than 100,000 inhabitants is classified as a nagar panchayat.
In 1919, a Government of India act incorporated the need of the resolution and the powers of democratically elected government were formulated. In 1935 another Government of India act brought local government under the purview of the state or provincial government and specific powers were given.
Purpose
The purpose of municipal governance and strategic urban planningStrategic Urban Planning
The general objectives of strategic urban planning include clarifying which city model is desired and working towards that goal, coordinating public and private efforts, channelling energy, adapting to new circumstances and improving the living conditions of the citizens affected.Strategic...
in a country is to create effective, responsive, democratic, transparent, accountable local governance framework organised according to a rational structure that promotes responsiveness and accountability; to provide responsive policy guidance and assistance to sub-national entities; to strengthen the legal, fiscal, economic and service delivery functions of municipalities; and to foster greater citizen participation in the governance of local bodies.
History
According to Census of India, 1991, there are 3255 Urban Local Bodies (ULB)s in the country; classified into four major categories of- Municipal corporations
- Municipalities (municipal council, municipal board, municipal committee)
- Town area committees
- Notified area committees
The municipal corporations and municipalities are fully representative bodies, while the notified area committees and town area committees are either fully or partially nominated bodies.
As per the Indian Constitution, 74th Amendment Act of 1992, the latter two categories of towns are to be designated as municipalities or nagar panchayats with elected bodies.
Until the amendments in state municipal legislations, which were mostly made in 1994, municipal authorities were organised on an (beyond the authority) basis and the state governments were free to extend or control the functional sphere through executive decisions without an amendment to the legislative provisions.
After the 74th Amendment was enacted there are only three categories of urban local bodies:
- nagar nigamNagar NigamNagar nigam or municipal corporations in India are state government formed departments that works for the development of a city, which has a population of more than one million...
(municipal corporation) - nagar palikaNagar PalikaIn India, a nagar palika or municipality is a urban local body that administers a city of population 20,000 or more. Under the Panchayati Raj system, it interacts directly with the state government, though it is administratively part of the district it is located in...
(municipality) - nagar panchayatNagar PanchayatA nagar palika or nagar panchayat is a form of an urban political unit in India comparable to a municipality.An urban centre with more than 30,000 and less than 100,000 inhabitants is classified as a nagar panchayat....
(city council)
This article provides that there be a nagar panchayat
Nagar Panchayat
A nagar palika or nagar panchayat is a form of an urban political unit in India comparable to a municipality.An urban centre with more than 30,000 and less than 100,000 inhabitants is classified as a nagar panchayat....
for transitional areas i.e. an area in transition from rural to urban, a municipality for a smaller urban area and a municipal corporation
Municipal corporation
A municipal corporation is the legal term for a local governing body, including cities, counties, towns, townships, charter townships, villages, and boroughs. Municipal incorporation occurs when such municipalities become self-governing entities under the laws of the state or province in which...
for a larger urban area.
Article 243Q of the 74th Amendment requires that municipal areas shall be declared having regard to the population of the area, the density of population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as may be specified by the state government by public notification for this purpose.
Among all urban local governments, municipal corporations enjoy a greater degree of fiscal autonomy and functions although the specific fiscal and functional powers vary across the states, these local governments have larger populations, a more diversified economic base, and deal with the state governments directly. On the other hand, municipalities have less autonomy, smaller jurisdictions and have to deal with the state governments through the Directorate of Municipalities or through the collector of a district. These local bodies are subject to detailed supervisory control and guidance by the state governments.
Responsibilities of ULBs
The municipal bodies of India are vested with a long list of functions delegated to them by the state governments under the municipal legislation. These functions broadly relate to public healthPublic health
Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals" . It is concerned with threats to health based on population health...
, welfare, regulatory functions, public safety
Public Safety
Public safety involves the prevention of and protection from events that could endanger the safety of the general public from significant danger, injury/harm, or damage, such as crimes or disasters .-See also:* By nation...
, public infrastructure works, and development activities.
Public health includes Water supply
Water supply
Water supply is the provision of water by public utilities, commercial organisations, community endeavours or by individuals, usually via a system of pumps and pipes...
, Sewerage
Sanitary sewer
A sanitary sewer is a separate underground carriage system specifically for transporting sewage from houses and commercial buildings to treatment or disposal. Sanitary sewers serving industrial areas also carry industrial wastewater...
and Sanitation
Sanitation
Sanitation is the hygienic means of promoting health through prevention of human contact with the hazards of wastes. Hazards can be either physical, microbiological, biological or chemical agents of disease. Wastes that can cause health problems are human and animal feces, solid wastes, domestic...
, eradication of communicable diseases etc.; welfare includes public facilities such as Education, recreation
Recreation
Recreation is an activity of leisure, leisure being discretionary time. The "need to do something for recreation" is an essential element of human biology and psychology. Recreational activities are often done for enjoyment, amusement, or pleasure and are considered to be "fun"...
, etc.; regulatory functions related to prescribing and enforcing Building regulations
Building code
A building code, or building control, is a set of rules that specify the minimum acceptable level of safety for constructed objects such as buildings and nonbuilding structures. The main purpose of building codes are to protect public health, safety and general welfare as they relate to the...
, encroachments on public land, Birth registration and Death certificate
Death certificate
The phrase death certificate can describe either a document issued by a medical practitioner certifying the deceased state of a person or popularly to a document issued by a person such as a registrar of vital statistics that declares the date, location and cause of a person's death as later...
, etc.; public safety includes Fire protection
Fire protection
Fire protection is the study and practice of mitigating the unwanted effects of fires. It involves the study of the behaviour, compartmentalisation, suppression and investigation of fire and its related emergencies, as well as the research and development, production, testing and application of...
, Street lighting, etc.; public works measures such as construction and maintenance of inner city roads, etc.; and development functions related to Town planning and development of commercial markets. In addition to the legally assigned functions, the sectoral departments of the state government often assign unilaterally, and on an agency basis, various functions such as Family planning
Family planning
Family planning is the planning of when to have children, and the use of birth control and other techniques to implement such plans. Other techniques commonly used include sexuality education, prevention and management of sexually transmitted infections, pre-conception counseling and...
, Nutrition and slum improvement, disease and Epidemic control, etc.
The Twelfth Schedule of Constitution (Article 243 w) provides an illustrative list of eighteen functions, that may be entrusted to the municipalities.
Besides the traditional core functions of municipalities, it also includes development functions like planning for Economic development
Economic development
Economic development generally refers to the sustained, concerted actions of policymakers and communities that promote the standard of living and economic health of a specific area...
and Social justice
Social justice
Social justice generally refers to the idea of creating a society or institution that is based on the principles of equality and solidarity, that understands and values human rights, and that recognizes the dignity of every human being. The term and modern concept of "social justice" was coined by...
, urban poverty alleviation programs and promotion of cultural, educational and aesthetic aspects. However, conformity legislation enacted by the state governments indicate wide variations in this regard. Whereas Bihar
Bihar
Bihar is a state in eastern India. It is the 12th largest state in terms of geographical size at and 3rd largest by population. Almost 58% of Biharis are below the age of 25, which is the highest proportion in India....
, Gujarat, Himachal Pradesh
Himachal Pradesh
Himachal Pradesh is a state in Northern India. It is spread over , and is bordered by the Indian states of Jammu and Kashmir on the north, Punjab on the west and south-west, Haryana and Uttar Pradesh on the south, Uttarakhand on the south-east and by the Tibet Autonomous Region on the east...
, Haryana
Haryana
Haryana is a state in India. Historically, it has been a part of the Kuru region in North India. The name Haryana is found mentioned in the 12th century AD by the apabhramsha writer Vibudh Shridhar . It is bordered by Punjab and Himachal Pradesh to the north, and by Rajasthan to the west and south...
, Manipur
Manipur
Manipur is a state in northeastern India, with the city of Imphal as its capital. Manipur is bounded by the Indian states of Nagaland to the north, Mizoram to the south and Assam to the west; it also borders Burma to the east. It covers an area of...
, Punjab
Punjab (India)
Punjab ) is a state in the northwest of the Republic of India, forming part of the larger Punjab region. The state is bordered by the Indian states of Himachal Pradesh to the east, Haryana to the south and southeast and Rajasthan to the southwest as well as the Pakistani province of Punjab to the...
and Rajasthan
Rajasthan
Rājasthān the land of Rajasthanis, , is the largest state of the Republic of India by area. It is located in the northwest of India. It encompasses most of the area of the large, inhospitable Great Indian Desert , which has an edge paralleling the Sutlej-Indus river valley along its border with...
have included all the functions as enlisted in the Twelfth Schedule in their amended state municipal laws, Andhra Pradesh
Andhra Pradesh
Andhra Pradesh , is one of the 28 states of India, situated on the southeastern coast of India. It is India's fourth largest state by area and fifth largest by population. Its capital and largest city by population is Hyderabad.The total GDP of Andhra Pradesh is $100 billion and is ranked third...
has not made any changes in the existing list of municipal functions. Karnataka
Karnataka
Karnataka , the land of the Kannadigas, is a state in South West India. It was created on 1 November 1956, with the passing of the States Reorganisation Act and this day is annually celebrated as Karnataka Rajyotsava...
, Kerala
Kerala
or Keralam is an Indian state located on the Malabar coast of south-west India. It was created on 1 November 1956 by the States Reorganisation Act by combining various Malayalam speaking regions....
, Madhya Pradesh
Madhya Pradesh
Madhya Pradesh , often called the Heart of India, is a state in central India. Its capital is Bhopal and Indore is the largest city....
, Maharashtra
Maharashtra
Maharashtra is a state located in India. It is the second most populous after Uttar Pradesh and third largest state by area in India...
, Orissa
Orissa
Orissa , officially Odisha since Nov 2011, is a state of India, located on the east coast of India, by the Bay of Bengal. It is the modern name of the ancient nation of Kalinga, which was invaded by the Maurya Emperor Ashoka in 261 BC. The modern state of Orissa was established on 1 April...
, Tamil Nadu
Tamil Nadu
Tamil Nadu is one of the 28 states of India. Its capital and largest city is Chennai. Tamil Nadu lies in the southernmost part of the Indian Peninsula and is bordered by the union territory of Pondicherry, and the states of Kerala, Karnataka, and Andhra Pradesh...
, Uttar Pradesh
Uttar Pradesh
Uttar Pradesh abbreviation U.P. , is a state located in the northern part of India. With a population of over 200 million people, it is India's most populous state, as well as the world's most populous sub-national entity...
and West Bengal
West Bengal
West Bengal is a state in the eastern region of India and is the nation's fourth-most populous. It is also the seventh-most populous sub-national entity in the world, with over 91 million inhabitants. A major agricultural producer, West Bengal is the sixth-largest contributor to India's GDP...
states have amended their municipal laws to add additional functions in the list of municipal functions as suggested in the twelfth schedule.
There is a lot of difference in the assignment of obligatory and discretionary functions to the municipal bodies among the states. Whereas functions like planning for the social and economic development, urban forestry
Urban forestry
Urban forestry is the careful care and management of urban forests, i.e., tree populations in urban settings for the purpose of improving the urban environment. Urban forestry advocates the role of trees as a critical part of the urban infrastructure...
and protection of the environment and promotion of ecological aspects are obligatory functions for the municipalities of Maharashtra
Maharashtra
Maharashtra is a state located in India. It is the second most populous after Uttar Pradesh and third largest state by area in India...
, in Karnataka
Karnataka
Karnataka , the land of the Kannadigas, is a state in South West India. It was created on 1 November 1956, with the passing of the States Reorganisation Act and this day is annually celebrated as Karnataka Rajyotsava...
these are discretionary functions.
Provision of water supply and sewerage in several states has either been taken over by the state governments or transferred to state agencies. For example in Tamil Nadu
Tamil Nadu
Tamil Nadu is one of the 28 states of India. Its capital and largest city is Chennai. Tamil Nadu lies in the southernmost part of the Indian Peninsula and is bordered by the union territory of Pondicherry, and the states of Kerala, Karnataka, and Andhra Pradesh...
, Madhya Pradesh and Gujarat, water supply and sewerage works are being carried out by the state level Public Health Engineering Department or Water Supply and Sewerage Boards, while liability for repayment of loans and maintenance are with the municipalities. Besides these state level agencies, City Improvement Trusts and Urban Development Authorities
Urban Development Authority
The Urban Development Authority of Malaysia was a governmental agency in Malaysia. It served to launch and oversee urban development projects related to business, industry, and housing. It was also tasked with developing urban infrastructure....
, like Delhi Development Authority
Delhi Development Authority
The Delhi Development Authority was created in 1955 under the provisions of the Delhi Development Act "to promote and secure the development of Delhi".-History:...
(DDA), have been set up in a number of cities. These agencies usually undertake land acquisition and development works, and take up remunerative projects such as markets and commercial complexes, etc. The Municipal bodies in most cases have been left only with the functions of garbage collection
Waste collection
Waste collection is the component of waste management which results in the passage of a waste material from the source of production to either the point of treatment or final disposal...
, garbage disposal
Garbage disposal
A garbage disposal unit or waste disposal unit is a device, usually electrically powered, installed under a kitchen sink between the sink's drain and the trap which shreds food waste into pieces small enough—generally less than —to pass through plumbing.Garbage disposal units are widely used in...
, street lighting, construction and maintenance of roads, etc.
In terms of fiscal federalism
Fiscal federalism
As a subfield of public economics, fiscal federalism is concerned with "understanding which functions and instruments are best centralized and which are best placed in the sphere of decentralized levels of government"...
, functions whose benefits largely confine to municipal jurisdictions and may be termed as the essentially municipal functions. Similarly, functions that involve substantial economics of scale or are of national interest may not be assigned to small local bodies. For valid reasons, certain functions of higher authorities are appropriate to be entrusted with the Municipalities – as if under principal-agent contracts and may be called agency functions that need to be financed by intergovernmental revenues. Thus instead of continuing the traditional distinction between obligatory and discretionary functions the municipal responsibilities may be grouped into essentially municipal, joint and agency functions.
Suggested municipal functions
The suggested functions to municipal corporations, municipalities and nagar panchayats are listed in the table below.| Essentially Municipal Functions | Municipal Corporation Municipal corporation A municipal corporation is the legal term for a local governing body, including cities, counties, towns, townships, charter townships, villages, and boroughs. Municipal incorporation occurs when such municipalities become self-governing entities under the laws of the state or province in which... | Municipal Council Municipal council A municipal council is the local government of a municipality. Specifically the term can refer to the institutions of various countries that can be translated by this term... | nagar panchayat Nagar Panchayat A nagar palika or nagar panchayat is a form of an urban political unit in India comparable to a municipality.An urban centre with more than 30,000 and less than 100,000 inhabitants is classified as a nagar panchayat.... |
|---|---|---|---|
| Urban planning including town planning | Yes | Yes | Yes |
| Regulation of land-use and construction of buildings | Yes | Yes | Yes |
| Planning for economic and social development | Yes | Yes | Yes |
| Roads and bridges | Yes | Yes | Yes |
| Water supply domestic, Industrial and commercial purposes | Yes | Yes | Yes |
| Public health, sanitation, conservancy and solid waste management | Yes | Yes | Yes |
| Fire services | Yes | Yes | No |
| Urban forestry | Yes | Yes | Yes |
| Preventive Health Care | Yes | Yes | Yes |
| Provision of urban amenities and facilities such as parks, gardens, playgrounds | Yes | Yes | Yes |
| Burials and burial grounds, cremations, cremation ghats/grounds and electric crematoria | Yes | Yes | Yes |
| Cattle pounds, prevention of cruelty to animals | Yes | Yes | Yes |
| Vital statistics including registration of births and deaths | Yes | Yes | Yes |
| Street lighting | Yes | Yes | Yes |
| Parking lots, bus stops and public conveniences | Yes | Yes | Yes |
| Regulation of slaughter houses and tanneries | Yes | Yes | Yes |
| Slum improvement and up gradation | Yes | Yes | Yes |
| Agency Functions | |||
| Protection of the environment and promotion of ecological aspects | Yes | Yes | Yes |
| Safeguarding the interests of weaker sections of society, including the handicapped and the mentally retarded | Yes | Yes | Yes |
| Urban poverty alleviation | Yes | Yes | Yes |
| Promotion of cultural, education and aesthetic aspects | Yes | Yes | Yes |
| Primary Education | Yes | Yes | No |
| Primary Health Care | Yes | Yes | No |
Nagar nigam (municipal corporation)
nagar nigam a.k.a (Municipal Corporation) in India are state government formed departments that works for the development of a city, which has a population of more than 1 Million. The growing population and urbanisation in various cities of India were in need of a local governing body that can work for providing necessary community services like health centres, educational institutes and housing and property tax.They are formed under the Corporations Act of 1835 of panchayati raj
Panchayati Raj
The panchayat raj is a South Asian political system mainly in India, Pakistan, and Nepal. "Panchayat" literally means assembly of five wise and respected elders chosen and accepted by the local community. Traditionally, these assemblies settled disputes between individuals and villages...
system which mainly deals in providing essential services in every small town as well as village of a district/city. Their elections are held once in five year and the people choose the candidates. The largest corporations are in the four metropolitan cities of India, namely Delhi
Delhi
Delhi , officially National Capital Territory of Delhi , is the largest metropolis by area and the second-largest by population in India, next to Mumbai. It is the eighth largest metropolis in the world by population with 16,753,265 inhabitants in the Territory at the 2011 Census...
, Mumbai
Mumbai
Mumbai , formerly known as Bombay in English, is the capital of the Indian state of Maharashtra. It is the most populous city in India, and the fourth most populous city in the world, with a total metropolitan area population of approximately 20.5 million...
, Kolkatta and Chennai
Chennai
Chennai , formerly known as Madras or Madarasapatinam , is the capital city of the Indian state of Tamil Nadu, located on the Coromandel Coast off the Bay of Bengal. Chennai is the fourth most populous metropolitan area and the sixth most populous city in India...
. These cities not only have a large population, but are also the administrative as well as commercial centres of the country.
Nagar panchayat (city council)
A nagar panchayat is an urban local body in India comparable to a Municipality.An urban centre with more than 30,000 and less than 100,000 inhabitants is classified as a nagar panchayat.