Institutional Framework before 74th Constitutional Amendment Act 1992

Before the legislation of the 74th Constitutional Amendment Act 1992 the institutions that existed in the urban areas of India used to be constituted with reference to character, size and importance of different towns and cities

Different towns and cities used to have different types of administrative structures and institutional framework taking into consideration the requirements of these areas, those of the citizens and of the state governing them also. Bigger cities had bigger sized institutions while larger and smaller towns as well as the transitional areas had smaller organizations to administer the affairs of the respective local area effectively and efficiently. A number of the organizations used to operate in the local areas in India, for governance, like  a) Municipal Corporation

b) Municipal Committee

c) Notified Areas Committee

d) Town Areas Committee

e) Cantonment Board.

The first four types of urban local bodies used to be established and operated under the State Municipal Acts of the State Governments but the fifth one, all the Cantonment Boards in the country are established under the Cantonments Act, 1924 of the Central Government

Institutional Framework after 74th Constitutional Amendment Act 1992

The Constitution (74th Amendment) Act, 1992 mandates an institutional framework for the efficient provision of urban civic services. This framework consists of a number of institutions:

(i) State Election Commission for conduct of regular elections

(ii) provision of three types of urban local bodies Municipalities – Municipal Corporations, Municipalities and Nagar Panchayats;

(iii)Wards Committees and other Committees for taking power to the people and secure their participation in the administration of local affairs, etc. 

(iv) State Finance Commission to review the financial position of Panchayats and Municipalities and to make recommendations to the Governor regarding the devolution of state resources to them and the ‘measures’ they need to improve their financial position

(v) District planning Committee for integrate the planning of Panchayats and Municipalities at the district level

(vi) Metropolitan planning committees for the integrated planning of the Metropolitan areas

The institutional framework of urban governance has several weaknesses, including (i)incomplete devolution of functions to ULBs, (ii)fragmented lines of authority between various state agencies and ULBs, and (iii)weak capacity in urban planning and service provision.

Equal emphasis should be given to addressing gender equality in the context of urban governance.

In parallel, capacities in urban planning with participatory processes and service provision must be strengthened in collaboration with state-level agencies, ULBs, and the private sector.

Apart from municipal institutions, the Indian urban scene is cluttered up with a host of para-statals and departmental agencies dealing with urban services, in addition to the general regulatory activities through the police and district administration, so much so, that the substance of urban governance really lies with the State government, rather than in the municipal institutions.1

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