Local Self Government: Functions, Meaning, Powers, Local

Government in India

The Local Self Government is the body that provides services to the
citizens of India to address their concerns at the grassroots level. To
look after the administration of a town, village, or city, the Local Self
Government was created. If you look at the governing structure of India,
then you will find out that it is made up of three tiers – central
government, state government, and Local Government in India.

What is Local Self Government?

Local self-government involves the devolution of governing authority to

those at the bottom of the political food order. Here, participation at the
grass-root level of society is included in the administration process.

 In rural areas of India, block samiti, Panchayats, and Zila Parishad

are established to carry out their functions as local self-
government bodies. However, in urban areas, bodies like
municipalities and corporations are established for local self-
governance.
 Local Self Government in India has been a topic of debate even
before independence. Where few, like Gandhi, wanted village
republics and the principle of subsidiarity, Nehru and Ambedkar
favored a strong center.
 Panchayati Raj System is a significant landmark in the evolution
of grass root democratic institutions like Panchayats and
Municipalities in the country.

Evolution of Local Self Government in India

The first local government system in India at the village level was
established by the state of Rajasthan in 1959 in the Nagaur district,
followed by Andhra Pradesh. Thereafter the system was adopted by
most of the statuses.

 The major concern regarding the local self-government was its

architecture, amount of power to be devolved, finances, etc.
Several committees were constituted by respective union
governments to devise a method for the same.
  In the earliest of times, village communities have been excited to
carry out the function of self-governance. Over the period, these
village communities were known as Panchayat Raj System, and
they were the oldest Local Self Government.
 After 1882, the elected bodies came into existence because Lord
Rippon took the initiative to establish these bodies. That’s why
Lord Rippon is known as the father of Local Self-Government.
 73rd and 74th constitutional amendments were passed, which
made it mandatory for every state in India to have such bodies in
its urban and rural areas. There was also the compulsion to carry
out elections for the Local Self Government bodies every five
years.
 With the establishment of these bodies at the local level, the
functioning and structure of the nation became better.

Functions of Local Government

All the Local Self Government bodies work with the aim of promoting
economic development, infrastructure development, and promote social
justice. Some of the most important functions of Local Government in
India are:

 Spread awareness about education, and build infrastructure like

roads, schools, transport, etc.
 Local Government looks after the community asset and promotes
agricultural development through the proper implementation of
various Government schemes.
 These bodies aim to boost health facilities so that people don’t
have to travel too far for health concerns. In addition, they promote
the small-scale industries of rural areas.
 Developing dairy, animal husbandry, and forestry are also the
functions of Local Self Government bodies.

Structure of Local Self Government in India

In Both rural and urban areas, there are three Local Self Governing
bodies. In Rural areas, the governing bodies include Zila Parishad,
panchayat Samitis, and gram panchayats. Zila Parishad is at the top
level, and it is made up of panchayat samiti. The Panchayat Samitis or
the block councils are again made up of gram panchayats.

In Urban areas, the Local Government bodies include Municipal

Corporations, Municipalities, and Nagar Panchayats. The difference
between all these local self-governing bodies is that municipal
corporation has more than a million population, while Municipalities have
a population of less than a million.

Father of Local Self Government

Lord Rippon is known as the Father of Local Self Government because

he was behind the establishment of various reforms. Among these
reforms, he introduced Local Self-Government, and due to this, he is
also called as ‘Good Viceory of India.’ The main objective of Rippon
behind establishing the local government was to make things smoother
and easier at the grassroots level of society. In addition, he introduced
various schemes for the development of local government.

Tenure of Local Self-Government Bodies

The Local Self-Government bodies are elected for a five years term.
When the term period gets over, a fresh election is conducted. Suppose
anything happens and the panchayat is dissolved before the expiry
period. In that case, the election is conducted within six months, and the
panchayat or municipality will take care of the office for the six-month
duration.

Powers of Local Self Government in India

The power of the Local Self-Government bodies is not defined

exclusively, and they can be as per the states’ requirements. The power
to Panchayats and Municipalities is given by the state governments as
per the economic development. The primary goal behind the
establishment of Local Self-Government was to help the government in
planning for social and economic development. These bodies are
authorized to collect, impose and manage taxes as well.

Local Self Government – Way Forward

The Local Self-Government is taking care of the society at grassroots

level, and it had made things easier and better for both the central
government, and the citizens of India. However things can be improve
with proper

 States should devise proper mechanisms to devolve funds to the

Local Self-Government bodies. They should be conferred power to
 generate their own revenue. This can be done by including the
third tier in GST or can tax lands or local activities.
 A proper uniform cadre should be created for the panchayats.
Education programs for the representatives should be conducted,
teaching them about their powers, roles, and responsibilities.
 The powers of the Local Self-Government bodies should be
properly demarcated. Gram Sabha should be empowered, and
regular meetings must be conducted. It should take place under a
video recording camera. Social auditing mechanisms should be
developed.

What is Gram Panchayat?

Gram Panchayat is a local body of government to manage the various

responsibility of villages. Gram Panchayat is the smallest form of the
local government body in India. The provincial government body of
Gram Panchayat was established in 1993 and enacted in the 73rd
Amendment of the Indian Constitution. The Gram Panchayat is
responsible for managing and providing facilities for the village people.
The Gram Panchayat is managed by the upper body of Panchayat
Samiti.
History of Gram Panchayat
The concept of Gram Panchayat started in the Vedic Period when the
assembly of village people was formed in order to govern the local
areas. These assemblies consisted of representatives for each different
section and responsibility. During the British period in India, the British
government introduced the Indian Village Panchayats Act in 1883.
After the Independence, the Indian Government continued this concept
of Gram Panchayat. Later on, in 1959, the Indian government Enacted
the Panchayat Raj Act. These Act consisted of Three-Tier Institutions,
including The Gram Panchayat at the Village level, The Intermediate
Panchayat at the Taluka level, and the Zilla Parishad at the district
level. in 1993, the 73rd Amendment of the Constitution was enacted,
which provided devolution of the roles and Responsibilities of Gram
Panchayat.
Features of Gram Panchayat
 The body of Gram Panchayat is elected by the process of
Election after every five years. This election is conducted by
the State Election Commission. by using a secret ballot and
the person with the highest votes is elected.
  The body of Gram Panchayat consists of the Panchayat
President and a number of ward members.

 The elected members can be re-elected for the next term if

they receive the highest number of votes.
 The Head of Gram Panchayat is known as Secretary, who is
elected by the State Government. He keeps watch on the role
and responsibilities of the Gram Panchayat members and for
taking decisions with Panchayat Samiti.
 There are various responsibilities of Gram Panchayat such as
the construction of roads, buildings, hospitals, water supply,
employment opportunities, and Healthcare.
Functions of Gram Panchayat
1. Rural Development: Gram Panchayat is responsible for the
overall development of the village. This development helps the
villagers to access their services easily.
2. Health and Sanitation: Gram Panchayat is responsible for the
overall health and hygiene of the villagers. In order to maintain
it, the members must ensure the proper development of
government hospitals, safe drinking water, campaigns on
cleanliness and sanitation, construction and maintenance of
toilets, etc.
3. Agricultural Development: Gram Panchayat must look into
the health of the crops. Gram Panchayat must provide support
to the farmers by teaching them modern farming techniques,
increasing crop yields, and animal husbandry.
4. Revenue Collection: The Gram Panchayat collects the
revenue from the residents of the village so that these taxes
will be used for the overall development of the village.
5. Disaster Management: Gram Panchayat must make sure to
manage natural disasters and prepare for the emergencies
such as floods, earthquakes, and droughts. This management
will ensure the proper security of the villagers in case of such
disasters.
6. Social Welfare: Gram Panchayat is responsible must promote
various activities for the welfare of the elderly, disabled, and
economically disadvantaged individuals and their families.
7. Women and Children Welfare: Gram Panchayat must ensure
that the women and children must be provided with healthcare
and education. Child labor must be taken into consideration in
order to ensure that no such practice must be followed.
Advantages of Gram Panchayat
1. Improved basic Services: The Gram Panchayat takes into
consideration various development-related responsibilities
which result in improved essential services for the villagers.
Basic Services such as water, improved transport, and
healthcare services.

2. Economic Growth: Various works and responsibilities are

being carried out by the Gram Panchayat that results in the
overall economic growth of the villagers.
3. Improved Healthcare: Proper Healthcare facilities provided by
the Gram Panchayat result in improved healthcare for the
villagers. Proper healthcare, healthcare and medical facilities,
and hygienic environments result in improved healthcare.
4. Improved Education: Gram Panchayat takes various
measures to improve the education facilities, development of
school buildings, educational environments, and facilities.
5. Empowerment of women: Various facilities being provided
by Gram Panchayat in consideration of Women, provides
opportunities for women to stand on their own financially and
independently.
Disadvantages of Gram Panchayat
1. Shortage of Resources: Due to the lack of availability of the
resources such as financial and human resources the Gram
Panchayat may not be able to perform well. In such cases, the
avoidance of such responsibilities can lead to an economic
loss for the village.
2. Corruption: Corruption is one of the most important in context
of drawbacks, which is followed does not lead to the
development of the village.
3. Political Interference: Due to political interference the Gram
Panchayat members are not able to perform their
responsibilities properly, which can even disturb the overall
environment of the village and a mutual understanding
between the villagers and the Gram Panchayat body members.
4. Lack of Accountability: Due to lack of accountability the
Gram Panchayat Members cannot perform properly with the
financial and human resources which will a result not lead to
the proper economic development of the village.
Here are some of the judicial functions typically performed by Gram
Panchayats:
 1. Dispute Resolution: Gram Panchayats often serve as mediators
in resolving various disputes among villagers, including land
disputes, property disputes, boundary disputes, and interpersonal
conflicts. They aim to settle disputes amicably and restore
harmony within the community.
2. Enforcement of Local Laws: Gram Panchayats are responsible
for enforcing certain local laws, rules, and regulations within the
village jurisdiction. This may include implementing decisions
related to village-level regulations, such as those concerning
sanitation, public health, land use, and environmental
conservation.
3. Maintenance of Public Order: Gram Panchayats play a role in
maintaining public order and discipline within the village by
addressing minor offenses and breaches of community norms.
They may impose fines or penalties for violations of local
regulations or customs.
4. Conciliation and Arbitration: In addition to formal dispute
resolution, Gram Panchayats often facilitate conciliation and
arbitration processes to settle disputes outside of the formal legal
system. They encourage dialogue and negotiation among
conflicting parties to reach mutually acceptable solutions.
5. Record-Keeping: Gram Panchayats maintain records related to
land ownership, property transactions, and other legal matters
within the village. These records are often used as evidence in
resolving disputes and verifying property rights.

The Gram Panchayat, as the lowest tier of the local self-government

system in rural India, plays a crucial role in strengthening the welfare
system and uplifting the poor. Here's how Gram Panchayats contribute
to this:

1. Identification of Beneficiaries: Gram Panchayats are often

intimately familiar with the socio-economic conditions of the
villagers within their jurisdiction. They play a vital role in identifying
poor and marginalized families who are in need of welfare
assistance and support.
2. Implementation of Welfare Schemes: Gram Panchayats are
responsible for implementing various welfare schemes initiated by
the central and state governments aimed at poverty alleviation,
rural development, and social security. They facilitate the
distribution of food grains, pensions, healthcare services,
education, housing, and other benefits to eligible beneficiaries.
 3. Monitoring and Evaluation: Gram Panchayats monitor the
implementation of welfare schemes to ensure that benefits reach
the intended beneficiaries. They verify eligibility criteria, maintain
records, and conduct regular reviews to assess the effectiveness of
these schemes in addressing the needs of the poor.
4. Community Mobilization and Participation: Gram Panchayats
mobilize community participation in welfare programs and
encourage local residents to take ownership of development
initiatives. They facilitate community meetings, awareness
campaigns, and self-help groups to promote collective action and
social cohesion among the poor.
5. Empowerment and Capacity Building: Gram Panchayats
empower the poor by building their capacities through skill
development programs, vocational training, and awareness
workshops. They promote livelihood opportunities,
entrepreneurship, and microfinance initiatives to enhance the
economic prospects of marginalized communities.

ISSUES FACED BY LOCAL GOVERNMENT

It is almost 30 years since the 73rd and 74th Constitutional Amendment

Acts, creating the new Local Governance Framework in India, were
made operational in April 1993. The Acts, focused on enabling
democratic decentralization, have provisions that devolved a range of
powers and responsibilities to local elected bodies and made them
accountable to the people for their implementation. The new system of
local governance has proved to be remarkably beneficial in some
aspects. Yet, there are some lacunae, especially in the implementation
of several provisions, which has limited the effectiveness of these
reforms.

What are the challenges in working of Local Government Bodies?

Functional Challenges: The power to devolve functions to local
governments rests with the State Government. Most States have not
devolved adequate functions to local government bodies. This has
severely affected the system’s efficiency and effectiveness. State
Governments have created parallel structures for the implementation
of projects around agriculture, health, and education, which undermines
the status of local bodies. Local bodies lack the support systems
necessary to carry out their mandates. The 74th amendment requires
a District Planning Committee to be set up in each district, so that the
development plans prepared by the panchayats and urban local bodies
can be consolidated and integrated. According to a study by the India
Development Review (IDR, a think tank), District Planning
Committees are non-functional in 9 states, and failed to prepare
integrated plans in 15 states.
Financial Challenges: (a) Local government expenditure as a
percentage of GDP is only 2%. This is extremely low compared to other
major economies like China (11%) and Brazil (7%);
(b) Most local bodies, both rural and urban are unable to generate
adequate funds from their internal sources, and are therefore
extremely dependent on external sources for funding. Studies show that
around 80-95% of revenue is obtained from external sources, particularly
State and Union Government loans and grants;
(c) The volume of money set apart for them is inadequate to meet their
basic requirements. Local Governments are starved of resources. The
Union Finance Commissions have made desirable recommendations,
but the actual devolution of funds has been very poor. Not more than 5%
of the divisible pool of Union taxes is given to local governments;
(d) The devolution of funds is associated with conditionalities that
bind them to specific uses. (i.e., top driven schemes of Union/State
Governments, rather than based on local needs). The Government-
appointed officers have complete control over spending of funds instead
of the elected representatives of local governments;
(e) State Finance Commissions are not established as per
Constitutional requirements (constitute every 5 years). By 2014-15,
States should have created 5th State Finance Commission (SFC) in their
respective States, but only 13 had created them. By 2019, when 6th
State Finance Commission should have been constituted, some States
were yet to create 3rd or 4th Commissions. J&K had created only 1 SFC
by April 2019;
(f) Some experts argue that Local governments are reluctant to
collect property taxes and user chargesbecause of fear of backlash
from public. They are happy to implement top-down programmes
because they know that if they collect taxes, their electoral prospects will
be hampered.
Functionary Challenges: (a) Every local government needs to have
organisational capacity, by way of staff such as office and clerical staff
and social mobilisers. Staffing of local governments is scanty. Many
panchayats share a single secretary, who is often
overburdened; (b) Technology has been used to centralize the delivery
of local services which has been detrimental to local decision-making.

74th amendment :-

Background

The Constitution (74th Amendment) Act, 1992

Towns and cities contribute substantially to the economic development

of the country. These urban centres also play an important support role
in the development of rural hinterland. To keep this economic
transformation in line with needs and realities at the grassroot level, it is
necessary that the people and their representatives are fully involved in
the planning and implementation of the programmes at local level. If
democracy in Parliament and State Legislatures is to remain strong and
stable, its roots must reach towns and villages and the cities where the
people live.

2. The Constitution of India has made detailed provisions for ensuring

protection of democracy in Parliament and in State Legislatures. Hence,
democracy in these institutions has survived and flourished. However,
the Constitution did not make Local Self Government in urban areas a
clear-cut Constitutional obligation. While the Directive Principles of State
Policy refer to Village Panchayats, there is no specific reference to
municipalities except implicitly in Entry-5 of the State List, which places
the subject t of Local Self Government as a responsibility of the State.
Entry-5 reads as under:-

“Local Government, that is to say, the constitution and powers of

municipal corporations, improvement trusts, district boards, mining
settlement authorities and other local authorities for the purpose of local
self-Government or village administration.”

Urban areas contribute a considerable part to the economic

development of a country. So, it becomes necessary that the
administration must focus on building up the urban areas efficiently. Not
only their development, but these areas also play a significant role in
taking the rural hinterlands to the path of economic development. To
keep the facilities in line with the demands of the people in urban areas,
there is a need for an urban body to take care of the demands of the
people. This is where the role of municipal bodies comes into being.
Interestingly, we have provisions for village-level bodies in our Indian
Constitution but not for the urban areas. Consequently, a requirement
was felt to keep the municipal governance for the urban areas. This is
when the authorities passed the 74th Constitutional Amendment
Act to constitutionalize the system of Urban Local Government, also
known as the Municipalities.

About 74th Constitutional Amendment Act

Introduced in 1993, the 74th Constitutional Amendment Act is the Act
that gave the Urban local bodies distinct powers and superiorities, thus
constitutionalising the urban local body. With the introduction of this act,
an institutional framework was created to focus on the grassroots level
and ensure efficient administration of the urban areas through self-
governing urban local bodies.

The 73rd and 74th Amendment Act: Differences

It lies in the very area of focus of both these acts. The
73rd Constitutional Amendment Act focuses on the working of the
Panchayati Raj System at the village level areas. On the other hand,
the 74th Constitutional Amendment Act focuses on the urban local
bodies, the municipalities. Both these Amendment Acts have proved to
be the milestone for the efficient decentralisation of powers at various
levels of the country.
The impact of the 74th Amendment on the local administration is
the fact that this had increased the participation of people in the
governance of the society as a whole. After the central and the state
levels of government, adding the third tier to the administering authority
keeps the administration more effective. Apart from that, the act has also
added a uniformity in the legislation or the laws for the various
governmental bodies at the urban level.

Characteristic Features of 74th Constitutional Amendment Act, 1993

The 74th Constitutional Amendment Act has numerous distinct
features that provided the municipalities with the title and legality that
was necessary for their upliftment in the urban society.
1) Types of Municipalities
Municipalities can be categorised into three distinct categories of Nagar
Panchayat, Municipal Corporation and the Municipal Council.
 The Nagar Panchayat can be found in those areas that are on the
verge of transition from rural to urban areas
 Next is the Municipal Council which is responsible for urban areas
that are small in area
 Contrasting to the Municipal Council is the Municipal Corporation
which takes care of the large urban areas
2) Composition of Municipalities
To fill seats in the municipalities, elections are conducted. It is here that
the municipal areas are further categorised into different wards or
territorial constituencies. Different people are elected from these
individual constituencies which make up part of a municipal body in that
urban area. It is in the hands of the state legislature to decide the
manner of conducting elections for the urban local bodies.
3) Reservation of Seats
The authorities have made numerous prerequisites to provide an
acceptable representation of the weaker and backward classes of
society. In the case of the scheduled caste and scheduled tribe, they
would have those many seats in the municipality, relative to their
population in the municipal areas. Like the village-level bodies, women
of the backward category here too have 1/3rd representation or quotas
for their seat in the urban local body.
4) Duration of Municipalities
Like the Panchayati Raj bodies, the municipalities also have a tenure
period of five years. Elections for the new municipalities should be
conducted before the ending date of the existing municipal body.
However, if the body is dissolved before the decided tenure of five years,
then the election for the municipalities should be conducted within a time
span of six months.
5) Powers and Functions
It is the State Legislature that decides the extent of the powers and
functions that are to be handed over to the Municipal bodies. The
powers are bestowed to the Municipalities keeping in mind the very
necessity of this body in the urban areas.
6) Finance Commission
The Governor of the state holds the responsibility of setting up a State
Finance Commission to look after the finances of the urban areas. It is
the Consolidated Funds of the State that funds the activities of the State
authorities and the urban level bodies under the state.
7) State Election Commissions
State Election Commission is the body that takes care of the
Independent elections which are conducted every five years, for electing
the municipal bodies in different urban areas of the state government.
The responsibility of controlling, maintaining, and preparation of the
electoral rolls lies in the hands of the State Election Commission.

The 74th Amendment to the Constitution of India, enacted in 1992,

introduced significant reforms aimed at strengthening local self-
government in urban areas. Here are some of the key implications of the
74th Amendment:

1. Constitutional Recognition of Urban Local Bodies (ULBs): The

74th Amendment provides constitutional recognition to urban local
bodies, including Municipal Corporations, Municipal Councils, and
Nagar Panchayats. It empowers them as institutions of self-
government and decentralization.
2. Devolution of Powers: The amendment mandates the devolution
of powers and functions to ULBs, empowering them to perform
various functions related to urban planning, infrastructure
development, public health, sanitation, social welfare, and
economic development.
3. Composition and Structure of ULBs: The 74th Amendment
outlines guidelines for the composition and structure of ULBs,
including provisions for the reservation of seats for Scheduled
Castes, Scheduled Tribes, and women. It also specifies the terms
of office, elections, and administrative aspects of ULBs.
4. Formation of Ward Committees: The amendment mandates the
formation of ward committees within municipal areas to facilitate
citizen participation in local governance. Ward committees provide
a platform for residents to voice their concerns, participate in
decision-making, and oversee local development activities.
5. Metropolitan Planning Committees (MPCs): The 74th
Amendment requires the establishment of Metropolitan Planning
Committees (MPCs) in metropolitan areas to prepare development
 plans and coordinate planning activities across local authorities
within the metropolitan region.
6. Financial Empowerment: The amendment emphasizes the
financial empowerment of ULBs by recommending measures to
strengthen their revenue sources, financial management systems,
and fiscal autonomy. It encourages the devolution of funds from
state governments to ULBs to support their functions and
responsibilities.
7. Urban Development Planning: The 74th Amendment
underscores the importance of integrated urban development
planning and management. It calls for the preparation of
development plans, including master plans, zoning regulations,
and infrastructure development plans, to guide the growth and
development of urban areas in a sustainable and inclusive
manner.
8. Community Participation: The amendment promotes community
participation and grassroots democracy in urban governance. It
encourages the involvement of local residents, community-based
organizations, and other stakeholders in decision-making
processes and ensures mechanisms for oversight and
accountability of ULBs.

Municipal Corporation
A Municipal Corporation is the local governing body, specially designed
to manage cities which have a large population. It is mentioned in the
74th Amendment Act of the constitution, it provides services like
education and housing.

Introduction

What is a Municipal Corporation?

Municipal Corporation is one of the local self-governing bodies for
urban areas where the population is more than one million. These areas
are mostly metropolitan cities. Some salient features of the corporation
are as follows:
  The Municipal Corporation consists of various divisions and
departments. These departments are for various essential
community services such as water supply and sewage disposal,
Education Board, Housing Department, Public Safety and
Healthcare, etc.
 The Mayor is the chairperson of the Municipal Corporation.
Although, in most of the states, the executive and administrative
powers are given to the Municipal Commissioner. This makes the
Mayor only a ceremonial head.
 The Municipal Corporation is a self-sustaining body that gets
funding mostly from property taxes and aid from the state
government.
Historical Background
The British administration first established the Municipal Corporation in
Madras in 1688.
Later it was created in Bombay and Calcutta in 1726. Municipal
Corporation is known by different names in different states such as
Nagar Nigam in some Northern states of India, Mahanagar Palika in Goa
and Maharashtra, Mahanagar Seva Sadan in Gujarat, Pouro Nigam in
Assam and West Bengal, Pur Parishad in Tripura, Nagara Sabha in
Kerala and Managaraatchi in Tamil Nadu.
 The establishment of Municipal Corporation is carried out by the
State Legislature in the State, and by Act of Parliament in Union
Territories.
 The Municipal Corporation mostly relies on property taxes and
State-funded grants to function properly.
 Its function mainly includes providing essential community services
and city planning.
Constitutional Provision
After India’s independence in 1947, the Constitution was created and
Article 40 of the Directive Principle of State Policy was used to discuss
the local governing bodies. This article talks about establishing village
Panchayat as a unit of a self-governing body. In 1992 the Government
passed the 74th Amendment Act, 1992 which mandated the creation of
Urban Local Body (ULB) or Urban Government as the lowest level of
Government. It was formed for the devolution of powers of the
Government into several levels.
  The 74th Amendment Act inserted a new Part IX-A in the
constitution which deals with the definition, function, and divisions
of Municipality
 Municipal Corporation is mentioned from articles 243P to 243ZG.
Composition And Authority
According to the Constitution, the State Legislature decides the
composition of the Municipal Corporation. It consists of a Ward’s
Committee. The city is divided into various sections depending on the
geography and its population. Each ward member is elected by the
people of the particular Ward. They are elected for a five-year term
following certain arrangements
 Provisions are given for the reservation of Scheduled Castes,
Scheduled Tribes, Disadvantaged classes, and women by the
State Legislature.
 The Chairperson of the Municipal Corporation or the Mayor is
elected by State law. Although the Mayor is the chairperson of the
Municipal Corporation, executive powers are given to the
Municipal Commissioner.
 The State Legislature may also decide to make provisions for the
‘representation of the person with special knowledge or experience
in Municipal Administration’.
The Authorities of a Municipal Corporation
A municipal corporation consists of three different authorities:
1. Municipal Council: It consists of members who are directly
elected by the people. It is the legislative wing of the corporation.
The Mayor is in charge of this council.
2. Standing Committee: It helps in the proper functioning of the
municipal council. Different Standing Committees take decisions
concerning their field, like education, tax, health, etc.
3. Municipal Commissioner: Municipal Commissioner is the chief
executive of the Municipal Corporation. They are responsible for
implementing the decisions taken by the standing committee and
the Municipal council. The Municipal Commissioner is appointed
by the State Legislature. The post is mostly given to IAS officers.
Qualification For Membership of Municipal Corporation
The election for Municipal Corporation can be contested by any citizen
of India who has the following qualifications:
 Is above the age of 21
  Has their name registered on the electoral roll
 Has not been disqualified earlier for contesting in Municipal
Corporation Election
Election
The election of Municipal Corporation is controlled, directed, and
supervised by the State
Election Commission under the article 243K. The term of office is 5
years, which begins from the date of its first meeting. The Corporation
can be dissolved for the following reasons:
 If the State finds the corporation incompetent in performing its
responsibility
 If the Corporation is abusing its power
 If the municipal elections are declared void
Municipal corporations, as local self-government bodies in urban areas,
perform a wide range of functions aimed at ensuring the smooth
functioning and development of the cities or towns under their
jurisdiction. Here are some of the key functions typically carried out by
municipal corporations:

1. Urban Planning and Development: Municipal corporations are

responsible for urban planning, including zoning regulations, land-
use planning, and development control. They oversee the growth
and development of the city by approving building permits,
regulating construction activities, and developing master plans for
infrastructure development.
2. Infrastructure Development: Municipal corporations are tasked
with the development and maintenance of essential urban
infrastructure such as roads, bridges, water supply systems,
sewerage systems, drainage networks, street lighting, parks, and
public amenities like markets and community centers.
3. Solid Waste Management: Municipal corporations are
responsible for the collection, transportation, treatment, and
disposal of solid waste generated within the city. This includes
managing garbage collection services, establishing waste
treatment plants, promoting recycling and composting initiatives,
and maintaining cleanliness in public areas.
4. Public Health and Sanitation: Municipal corporations oversee
public health initiatives within their jurisdiction, including ensuring
access to clean drinking water, controlling the spread of diseases,
implementing sanitation measures, conducting public health
 campaigns, and managing public health facilities such as hospitals
and clinics.
5. Regulation and Enforcement: Municipal corporations enforce
various regulations and bylaws to maintain order and discipline
within the city. This includes enforcing building codes, licensing
businesses, regulating street vending, controlling pollution,
ensuring food safety standards, and monitoring compliance with
municipal regulations.

Conclusion
The Municipal Corporation fulfils the necessity of a local government for
large urban areas with dense populations. The Corporation is important
because it is responsible for the implementation of government schemes
as well as developmental schemes. It is also significant for providing
essential community services such as healthcare, public safety, sewage
disposal, and education.

COMMITTEES OF CONSTITUENT ASSEMBLY

In 1946, the Constituent Assembly met for the first time in New Delhi in
the Constitution Hall which is currently known as the Central Hall of
Parliament House. The Constitution of India was drafted by several
eminent people in various fields.

Dr. B R Ambedkar is the chief architect of the Constitution of India. As

per Article 395, the Government of India Act of 1935 and the Indian
Independence Act of 1947 got repealed with the beginning of the
Constitution of India.

India won its Independence and defeated British rule in 1947. The British
Dictatorship was prevalent from 1858 to 1947. A constituent assembly
was set up to draft the constitution for free India. This constituent
assembly was a sovereign body made up of many committees.

Different committees of the constituent assembly worked together to

draft the constitution and the Indian political body as we know it.
What is the Constituent Assembly of India?

Known as the first Parliament of an Independent India, The Constituent

Assembly was a sovereign body formed to help in the constitution-
making process for the newly independent India. The Cabinet Mission
Plan was in charge of creating the Constituent Assembly of the country.

The Cabinet Mission Plan scrapped the universal adult franchise voting
system that we have right now. But it rather suggested that the members
of the different committees of the constituent assembly be elected by the
provincial assemblies that were also only recently elected.

As a result, members of the provincial assembly cast their single,

transferable vote to elect the members of the different committees of the
constituent assembly.

The number of members elected by the Provincial Assembly was 292.

There were more contributions made by the Princely States and the
Chief Commissioner provinces of Coorg, Delhi, Ajmer-Merwara and
British Baluchistan. The Princely States added 93 members, while the
Chief Commissioner provinces added 4 members.

The seats to the Princely States and The Provinces were allotted based
on their respective population. It was to be divided among Sikhs,
Muslims and all other communities so that every section had a
representative in the Constituent Assembly.

Before the partition of India and Pakistan, the strength of the Constituent
Assembly was 389 members. But after partition, the number of seats
came down to 299 since some princely states and some provinces had
become part of the newly formed Pakistan.

The Constituent Assembly held the first meeting of the newly formed
parliament on December 9, 1946, and Dr. Sachchidananda Sinha was
appointed as the interim president of the Constituent Assembly.
Ultimately, Dr Rajendra Prasad was elected as the president of the
constituent assembly on December 11, 1946, and the vice president
was Harendra Coomar Mookerjee.
What are the Committees of the Constituent Assembly?

Different Committees were set up by the constituent assembly to look

towards the different departments of Constitution-making, for now, an
Independent India.

There were a total of 22 committees of the constituent assembly. Among

them, only 8 were the most important committees, while the remaining
were the minor and supporting committees.

10 committees handled Procedural affairs. 12 committees handled

substantive affairs.

Given its critical responsibility of drafting a constitution, the Drafting

Committee is undoubtedly very prominent in the history of Indian Polity.

Drafting Committee

The drafting committee was one of the eight most important committees
of the Constituent Assembly. It was set up on 29th August 1947, by the
constituent assembly. At the first meeting of the Drafting Committee on
30th August 1947, the chairman of the committee was elected as Dr B.R
Ambedkar.

It was the most important committee as it was entrusted with the

responsibility of drafting a new constitution for India based on the reports
submitted by the other committees of the constituent assembly.

The drafting committee published the first draft of the would-be

constitution on 21st February 1948. It was then scrutinised by the
citizens of India for about eight months. Further amendments were also
proposed by the citizens.

After hearing the feedback from the public, the necessary amendments
were made and the following draft of the constitution was published in
October 1948.

Since its inception in 1947, the drafting committee took 2 years, 11

months and 17 days to frame the full Constitution of India.
The constituent Assembly had held a total of 11 sessions over the
course of 165 days. Out of these, 114 days were spent on the
deliberations of the drafting committee and the draft(s) Constitution.

A total of seven members made up the prominent Drafting Committee.

The process for electing or appointing members to a constitutional
committee can vary depending on the specific constitution, the country
or organization it governs, and the purpose of the committee. Here are
some common methods:

1. Direct Election: Members of the committee may be directly

elected by the constituents they represent. This could involve
general elections where candidates campaign for a seat on the
committee, and voters cast their ballots to choose their
representatives.
2. Appointment by Legislative Body: In some cases, members of a
constitutional committee are appointed by the legislative body or
parliament. This could involve nominations by political parties or
leaders within the legislative body, followed by a confirmation vote.
3. Appointment by Executive Authority: The executive branch of
government, such as the president or prime minister, may have the
authority to appoint members to the constitutional committee. This
could be done with or without the approval of the legislative body.
4. Appointment by Special Commission or Council: A special
commission or council may be tasked with selecting members for
the constitutional committee. This commission could be composed
of representatives from various political parties, civil society
organizations, or other stakeholders.
5. Nomination by Stakeholders: Members of the constitutional
committee may be nominated by various stakeholders, such as
political parties, interest groups, or professional associations.
These nominations could then be subject to approval by a
designated authority.
6. Mixed Methods: Some constitutions may employ a combination of
the above methods, such as having a portion of the committee
elected by the public and another portion appointed by
governmental or non-governmental bodies.
7. Consultative Processes: In certain contexts, there may be a
consultative process where input is gathered from a wide range of
stakeholders, and members of the committee are selected based
on consensus or recommendations emerging from these
consultations.
Directive Principles of State Policy under the Indian

Constitution (ARTICLE 40)

Introduction
The Directive Principles of State Policy are embedded in Part IV of the
Indian Constitution starting from Articles 36 to Article 51. The idea of
Directive Principles of State Policy is borrowed from the Irish
Constitution of 1937 which interestingly has borrowed itself from Spanish
Constitution.

Granville Austin combinedly defines Fundamental Rights and Directive

Principles of State Policy as “Conscience of the Constitution”.

B.R. Ambedkar defines them as ‘novel features’ of the Constitution as

although ideas are being borrowed but the deriving force for the
Constitution is novel in its own sense.

The Directive Principles of State Policy, when combined with

Fundamental Rights, inscribe the philosophy of the Constitution and are
the Soul of the Constitution.

Several Features of Directive Principles of State Policy.

1. The Phrase ‘Directive Principles of State Policy’ denotes the

ideals to be considered while forming the policies and statutes
for governance. These are like guidelines or recommendations
or instructions for forming the laws and legislatures. These need
to be kept in mind by all the authorities under the meaning of
‘State’ defined in Fundamental Rights.
2. The Directive Principles of State Policy are similar to the
concept of ‘Instrument of Instructions’ contained in the
Government of India Act of 1935 which were recommendations
for Governor-General and other Governors of the colonies by
the British Government. The only difference is that they are for
legislatures and are recommended by the Constituent
Assembly.
 3. These are comprehensive guidelines for Socio-Economic and
political guidelines for the idealistic democratic State which was
not possible at the time of Independence but seek to achieve
high ideals of justice, liberty, equality and fraternity on which
pillars of Indian Democracy stands. The concept of welfare state
needs to be achieved in contrast to the police state as it was
under British.
4. These principles are non-justiciable in nature, means these
cannot be legally enforced in a court of law against government.
However, Article 37 of the Constitution itself says that these are
fundamental in the governance of the country and it shall be the
duty of the state to apply these principles in making laws.
5. Although these a non- justiciable in nature, they immensely help
the court in determining the constitutional validity of the law. The
Supreme Court many a time seeks to enforce Directive
Principles till justice is done.

Classification of the Directive Principles of State Policy

The constitution doesn’t differentiate between types of Directive
Principles of State Policy but for better understanding of the terms, these
can be classified into three broad categories namely, Socialistic,
Gandhian and Liberal-intellectual.

Socialist Principles

The Constituent assembly wants to achieve Socialist State and for this
they included the following Articles of the Constitution that reflects the
ideology of Socialism.

 Article 38: The promotion of the welfare of people by effectively

maintaining social order in all institution of the nation. It will be
the duty of the state to minimise the inequalities and will strive to
eliminate inequalities in status, facilities and opportunity to an
individual.
 Article 39: The state will follow certain principles in order to
ensure the following:
o Men and women are treated equally and both have the
right to adequate means of livelihood.
 o To serve the community the ownership and control will
be distributed in the best interest of society and to
subserve the common interest of common good.
o Both men and women will be paid equal for an equal
amount of work.
o The mental and physical health of workers is of prime
interest, children are not to be forced due to economic
necessity and citizens are not to be forced to work
unsuited to their age and health.
o Opportunities and facilities are to be given to children
for the development of children in an all-round manner,
freedom and dignity of children need to respected and
need to be protected against exploitation.

 Article 39A: It will the duty of the state to secure equal justice
and to provide equal access to justice, a system of free legal aid
for economically backward class people, so justice is denied to
none
 Article 41: The state within its economic capacity develops a
system for the right to work, to education and provisions in
cases of unemployment, old age, sickness and disability.
 Article 42: It is the duty of the state to ensure just and humane
conditions in the workplace and provisions for maternity relief.
 Article 43: State will ensure a living age to industrial, agriculture
workers and ensure decent workplace to work and to promote
cottage industries on an individual or co-operative basis in rural
areas.

Gandhian Principles

As the name suggests these Principles are based on the ideology of

Gandhi. In order to fulfil the dreams of Gandhi and to achieve Gandhian
State, these articles were included in the constitution. These are the
following articles.

1.Article 40: The steps will be taken by the states to organize

village panchayats and there will be decentralisation of power
and authority, in order to form self-government.
 2.Article 43: State will ensure a living wage to industrial,
agriculture workers and ensure a decent workplace to work and
to promote cottage industries on an individual or co-operative
basis in rural areas.
3.Article 43B: To promote voluntary formation, autonomous
functioning, democratic control and professional management of
co-operative societies.
4.Article 46: to prevent Scheduled Caste and Scheduled Tribes
from exploitation and injustice, the educational and economic
interests of them shall be promoted.
5.Article 47: The state shall work in raising the level of nutrition
and standard of living of its people To raise the level of nutrition
and the standard of living of people and to improve public
health.

Liberal-Intellectual Principles

The liberalism ideology stands for the freedom and autonomy of an

individual. These principles are included keeping in mind the ideology of
Liberalism. These are:

1. Article 44: To secure for all citizens a uniform civil code

throughout the country across all religions and every section of
the society.
2. Article 45: To provide elementary education until the age of
fourteen years which has now become a fundamental right
under Article 21A.
3. Article 48: Organization of agriculture and animal husbandry on
the basis of scientific lines and steps in preserving and
improving the breeds, prohibiting the slaughter of cows, calves
and other milch and draught cattle.
4. Article 48 A: It is the duty of the state to protect and conserve
the environment and forest and wildlife of the country.
5. Article 49: it is the obligation of the state to protect every
monument or place or object of artistic or historic interest
declared under law as a monument of national importance.
6. Article 50: To separate the judiciary from the executive in the
public services of the State.
Importance of Directive Principles of State Policy
The Constitution itself under Article 37 declares that these are
fundamental in the Governance of the country. Dr B.R. Ambedkar
embarked that Directive Principles have great value because they lay
down the goals of Indian Polity is ‘economic democracy’ as distinguished
from ‘political democracy’.

Dr B.R. Ambedkar had pointed out that the Directives have great value
because they lay down that the goal of Indian polity is ‘economic
democracy’ as distinguished from ‘political democracy’.

Further, Granville Austin opined that the Directive Principles are ‘aimed
at furthering the goals of the social revolution or to foster this revolution
by establishing the conditions necessary for its achievement’. Sir B N
Rau, the constitutional advisor to the Constituent Assembly, stated that
the Directive Principles are intended as ‘moral precepts for the
authorities of the state. They have at least an educative value.’ Some of
the importance can be highlighted as:

1. They are useful in following policies of the government in the

matter of foreign and domestic matter. These can be used as a
raw structure for forming the policies.
2. They are the torch bearer for both Legislators and Judges, as
for Legislatures they provide guidelines for forming the law and
for judges they help in deciding the constitutional validity of the
laws enacted.
3. They are the soul of the Constitution because they represent the
ideology behind the Constituent Assembly for forming the
Constitution.
4. They fill the gap between fundamental rights and social and
economic rights of the citizens. They provide the way for
legislatures to fill the gap.
5. These are supplementary to the fundamental rights and are the
target of the Legislature to achieve.
6. They can be helpful in testing the performance of the
government and can be seen as how far the government has
worked in the Directive Principles of State Policy.
 7. They help the government informing their electoral manifesto
and to reflect upon their ideology in comparison with Directive
Principles.

Criticism of Directive Principles of State Policy

The Directive Principles have been severely criticized several times.
Some of the major criticisms are concluded as follows.

1. No Legal Force: one of the prominent criticisms of Directive

Principles is that they are non-justifiable in nature. K.T. Shah
compared these with “a cheque on a bank, payable only when
the resources of the bank permit”. In the words on Nasiruddin,
these principles are ‘no better than new year’s resolutions,
which are broken on the second of January’. However, the
legislators have created laws to implement these Directive
Principles but no action is being taken against the Uniform Civil
Code which has been long-standing demand.
2. Illogically Arranged: In one of the opinions, the criticism is that
these are illogically arranged and are not based on any
consistent philosophy or logic. In the words of N Srinivasan, ‘the
directives are neither properly classified nor logically arranged.
The declaration mixes up relatively unimportant issues with the
most vital economic and social questions. It combines rather
incongruously the modern with the old and provisions suggested
by the reason and science with provision purely on sentiment
and prejudice’.
3. Conservative: Sir Ivor Jennings criticizes them as the
Directives are based on the British political philosophy of the
19th Century. He remarked ‘The ghosts of Sydney Webb and
Beatrice Webb stalks through the pages of the text. Part IV of
the constitution expresses Fabian Socialism without socialism’.
These are based on old age philosophy of state which doesn’t
represent 20th Century ideology.

Article 40 typically pertains to fundamental rights and principles in a

constitution. While the specific content and wording of Article 40 can
vary depending on the country or organization, the "spirit" of Article 40
generally revolves around the protection and promotion of individual
liberties, human dignity, equality before the law, and the rule of law.
Here are some common themes or principles that may be reflected in
the spirit of Article 40:

1. Protection of Human Rights: Article 40 often embodies a

commitment to safeguarding the fundamental rights and freedoms
of individuals. This could include rights such as freedom of
expression, freedom of assembly, freedom of religion, and the right
to privacy.
2. Equality and Non-Discrimination: Article 40 may emphasize the
principle of equality before the law and prohibit discrimination on
various grounds such as race, ethnicity, gender, religion, or
socioeconomic status.
3. Justice and Fairness: The spirit of Article 40 may emphasize the
importance of a fair and impartial legal system that ensures access
to justice for all individuals, regardless of their background or
circumstances.
4. Protection of Human Dignity: Article 40 may underscore the
inherent dignity of every human being and affirm the importance of
treating individuals with respect and dignity in all aspects of legal
proceedings and governance.
5. Rule of Law: Article 40 may promote the rule of law as a
foundational principle of governance, emphasizing that all
individuals and institutions are subject to the law and that laws
should be applied consistently and fairly.
6. Responsibility of the State: Article 40 may articulate the
responsibility of the state to protect and uphold the rights and
freedoms of its citizens, including through the enactment of laws
and the provision of effective remedies for violations of rights.
7. Social Justice: In some cases, Article 40 may also encompass
principles of social justice, including the obligation of the state to
promote the welfare of its citizens and to address inequalities and
injustices within society.

The scope of Article 40 is to guide the state in promoting and

strengthening the system of village panchayats as units of self-
government. Here's a breakdown of its scope:

1. Promotion of Village Panchayats: Article 40 emphasizes the

importance of village panchayats as units of local self-government.
It directs the state to take steps to organize and establish these
institutions in rural areas.
2. Granting Powers and Authority: The article stresses the need to
endow village panchayats with adequate powers and authority to
 function effectively as units of self-government. This includes
empowering them to make decisions on local matters, manage
resources, and address the needs of the rural population.
3. Decentralization of Power: By promoting village panchayats,
Article 40 aims to decentralize power and decision-making from
the central and state governments to the grassroots level. It
recognizes the importance of local self-government in ensuring
democratic governance and addressing the specific needs and
priorities of rural communities.
4. Community Development: The scope of Article 40 extends to
fostering community development and grassroots democracy.
Village panchayats are expected to play a vital role in promoting
socio-economic development, participatory decision-making, and
the overall welfare of rural areas.
5. Constitutional Guidance: While Directive Principles of State
Policy are not enforceable by courts, they provide guiding
principles for governance. Article 40 serves as a constitutional
directive to the state, urging it to prioritize the establishment and
empowerment of village panchayats as part of its governance
agenda.

What is the 73rd amendment act? (Panchayati Raj)?

The 73rd Amendment Act was enacted by the Indian national
government in 1992 to address these issues and improve local self-
governance. Both houses agreed on the legislation, and it became law
on April 24th, 1993.

The 73rd Amendment envisages the Gram Sabha as the foundation of

the Panchayat Raj System to perform functions and powers entrusted to
it by the State Legislatures.

A three-tier Panchayat Raj System at the village, intermediate, and

district levels is provided by the amendment. With the help of this clause,
India’s Panchayati Raj system became uniform. At every level of the
Panchayat, there is a provision for the reservation of seats for SCs and
STs.
 The Act empowered state governments to take the necessary steps that
would lead to the formalisation of the gram panchayats and help them
operate as units of self-governance.

Objectives of the 73rd Amendment Act

 The 73rd Amendment Act’s primary goal was to

democratically decentralise authority and resources from the
centre to locally elected officials in order to increase citizen
participation in governance.
 Its goal relates to Article 40 of the constitution, which calls for
the state to set up village panchayats and give them the
requisite authority and powers to function as self-governing
entities.

Constitutional Provisions of Panchayati Raj

 Through this amendment, the constitution gained the 11th

schedule, which listed 29 Panchayat-related topics.
 Additionally, Part IX, which included provisions from Articles
243 to 243 O, was introduced to the Constitution by this
measure.
 The state governments were now required by this modification
to implement the new Panchayati Raj system in conformity
with the act’s stipulations.

Salient features Panchayati Raj

1. Gram Sabha:

 It is a village assembly consisting of all the registered voters

in the area of a panchayat.
 It can perform such functions as the state legislature entrusts
it with

2. Three-tier system:

 It suggests PRI at the village, intermediate and district levels.

Thus, bringing uniformity to the PRI.
 However, states having a population of less than 20 lakh may
not setup PRI
3. Election:

 All the members at the village, intermediate and district levels

shall be elected directly by the people.
 The chairperson of the intermediate and district level shall be
indirectly elected chairman of the panchayat shall be elected
in such a manner as the state legislature provides for

4. Reservation of seats:

 In every Gram Panchayat, seats must be set aside for

members of Scheduled Castes and Scheduled Tribes. The
percentage of these seats to the total number of seats in the
Panchayat that will be filled through direct election must be as
close to equal as possible.
 Women from Scheduled Castes or, where applicable,
Scheduled Tribes must have access to at least one-third of
the seats that are set aside for them.
 Not less than one-third (including the number of seats
reserved for women belonging to the Scheduled Castes and
the Scheduled Tribes) of the total number of seats to be filled
by direct election in every Gram Panchayat shall be reserved
for women and such seats may be allotted by rotation to
different constituencies in a Gram Panchayat in such manner
as may be prescribed.
 The above reservation is provided for the position of
chairperson tooThe act also authorizes the legislature of the
state to make any reservations for backward classes

5. Duration of Panchayats:

 Every level of panchayat is given a five-year term of office

under the statute. PRI, however, may be dissolved prior to the
end of the natural term.
 Before the PRI’s natural term expires or, in the event of its
dissolution, before a period of six months has passed since
that date, new elections must be held.

6. Qualification & Disqualification:

 A person shall be disqualified for being chosen as or for being

a member of the panchayat if he is so disqualified:
  Under any law for the time being in force for the
purpose of elections to the legislature of the state
concerned.

 No person can be disqualified on the ground that

he is less than 25 years of age if he has attained
the age of 21 years.

 All questions related to disqualification shall be

referred to such authority as the state legislature
determines.

7. State election commission:

 The state election commission shall be in charge of

overseeing, directing, and controlling the creation of electoral
rolls and the conduct of all panchayat elections.
 The governor will name a state election commissioner. He
cannot be dismissed from his position other than in the way
and for the reasons specified for dismissing a judge.
 The state legislature has the authority to establish rules on all
aspects of panchayat elections.

8. Powers and functions:

 The state legislature may endow the panchayats with such

powers and authority as may be necessary to enable them to
function as institutions of self-government.

9. Finances:

 The state legislature may authorize a panchayat to levy,

collect and appropriate taxes, provide for making grants-in-aid
to the panchayats, provide for the constitution of funds for
crediting all money of the panchayats.

10. Finance Commission:

 The governor has the authority to establish an annual finance

commission to review the panchayats’ financial standing,
recommend improvements, and make recommendations on
any other issues the governor refers to the commission.
11. Audit:

 The state legislature may provide the manner for auditing PRI.

12. Application to UT:

 The president of India may direct that provisions of this act

shall apply to any union territory subject to such modification
as he may specify.

13. Exempted areas:

 It does not apply to Nagaland, Mizoram, Meghalaya,

scheduled areas and the tribal areas, hill area of Manipur, and
Darjeeling district of WB.
 However, parliament may extend the provisions of this part to
even these exempted areas with modifications as it may
specify.
 In this regard, parliament has enacted, ‘The provisions of the
Panchayat (Extension to the scheduled areas) Act, 1996.

14. Bar to interference of court:

 The act bars the interference by courts in the electoral matters

of panchayats. It also mentions the delimitation related to PRI
cannot be questioned by the court.
 Even election petitions shall be entertained based on such
mechanism as specified by the state legislature.

15. 11th schedule:

 The Act inserted a new schedule which contained areas that

come under the purview of the PRI.

_________________________________________________________

Bylaws of municipalities are local regulations or rules enacted by

municipal authorities to govern various aspects of urban life and
administration within their jurisdiction. These bylaws are created to
address specific needs, promote order, and regulate activities within the
municipality. Here are some common areas covered by municipal
bylaws:
 1. Zoning and Land Use: Municipalities often have bylaws that
regulate land use, zoning, and development within their
boundaries. These bylaws specify the types of land use permitted
in different zones (residential, commercial, industrial, etc.), building
setbacks, height restrictions, and other planning regulations.
2. Public Health and Sanitation: Municipal bylaws address public
health and sanitation concerns by regulating issues such as waste
management, sewage disposal, drainage systems, and sanitation
standards for businesses, restaurants, and public facilities.
3. Noise Control and Nuisance Abatement: Bylaws may set limits
on noise levels from various sources (such as construction
activities, industrial operations, and entertainment venues) to
protect residents from excessive noise pollution. They may also
address nuisances such as littering, graffiti, and public
disturbances.
4. Traffic and Transportation: Municipalities establish bylaws
related to traffic management, parking regulations, road
maintenance, and public transportation within their jurisdiction.
These bylaws govern issues such as speed limits, parking
restrictions, traffic signs, and road closures.
5. Business Licensing and Regulation: Bylaws regulate
businesses operating within the municipality by requiring them to
obtain licenses, adhere to zoning regulations, and comply with
health and safety standards. They may also address issues such
as business hours, signage, and outdoor displays.
6. Animal Control and Pet Ownership: Municipal bylaws may
govern the keeping of pets and animals within the municipality,
including regulations related to licensing, vaccination, leash laws,
and the prevention of animal cruelty and nuisance.
7. Environmental Protection: Bylaws may include provisions aimed
at protecting the environment and natural resources within the
municipality, such as regulations on air and water quality, waste
management, conservation of green spaces, and control of
pollution.
8. Public Order and Safety: Municipalities enact bylaws to maintain
public order, safety, and security within their jurisdiction. These
may include regulations related to public gatherings, curfews,
fireworks, and the use of public spaces.

Bylaws are typically enforced by municipal authorities, and violations

may result in penalties, fines, or other legal consequences. They are an
essential tool for municipal governments to manage urban development,
maintain public health and safety, and promote the overall well-being of
residents within their communities.
Municipal funds and property refer to the financial resources and assets
owned and managed by municipal authorities for the purpose of carrying
out their functions and providing services to residents within their
jurisdiction. Here's an overview of municipal funds and property:

1. Municipal Funds:

o Revenue Sources: Municipal funds primarily consist of

revenue collected from various sources, including property
taxes, user fees, licenses and permits, grants from higher
levels of government, fines and penalties, and other sources
of income.
o Budgeting and Financial Management: Municipalities
prepare annual budgets that outline their projected income
and expenditure for the fiscal year. Budgets allocate funds
for different municipal departments and services based on
priorities and objectives.
o Financial Planning: Municipalities engage in financial
planning to ensure the effective and efficient use of funds.
This may involve long-term financial planning, debt
management, investment strategies, and risk management
to maintain fiscal stability and sustainability.
o Accountability and Transparency: Municipalities are
accountable for the management of public funds and are
required to maintain transparency in their financial
transactions. They often publish financial reports, audits, and
budget documents to provide residents with information
about how public funds are being used.

2. Municipal Property:

o Real Estate and Infrastructure: Municipalities own and

manage a wide range of property and infrastructure assets,
including land, buildings, roads, bridges, parks, public
utilities, and other facilities essential for urban life.
o Acquisition and Disposition: Municipalities acquire and
dispose of property through various means, including
purchase, sale, lease, exchange, or eminent domain. They
 may acquire land for public purposes such as infrastructure
development, parks, and urban renewal projects.
o Maintenance and Upkeep: Municipalities are responsible
for maintaining and managing their property assets to ensure
they remain safe, functional, and accessible to residents.
This includes routine maintenance, repairs, renovations, and
upgrades as needed.
o Asset Management: Municipalities engage in asset
management practices to optimize the use of their property
assets and maximize their value. This may involve inventory
management, asset tracking, condition assessments, and
lifecycle planning to ensure efficient asset utilization and
maintenance.

Grassroots-level democracy, also known as local or community-level

democracy, refers to a form of governance where political power and
decision-making authority are decentralized and vested in the hands of
ordinary citizens at the local level. Here's what grassroots-level
democracy entails:

1. Local Self-Government: At the grassroots level, communities

have the opportunity to govern themselves through local self-
government institutions such as village councils, neighborhood
associations, or community-based organizations. These
institutions allow residents to participate directly in decision-making
processes that affect their daily lives.
2. Direct Participation: Grassroots democracy emphasizes direct
participation by ordinary citizens in local decision-making. It
encourages community members to engage in discussions,
debates, and consensus-building processes to determine policies,
priorities, and projects that address local needs and concerns.
3. Decentralization of Power: Grassroots democracy involves the
decentralization of political power from higher levels of government
to the local level. By devolving authority to grassroots institutions, it
seeks to empower communities to govern themselves and shape
their own destinies based on their unique circumstances and
aspirations.
4. Inclusive Governance: Grassroots democracy promotes
inclusivity and diversity by ensuring that all members of the
 community have a voice in decision-making regardless of their
socio-economic status, gender, ethnicity, or other identities. It
encourages the participation of marginalized groups and
empowers them to advocate for their rights and interests.
5. Accountability and Transparency: Grassroots democracy
fosters accountability and transparency in governance by making
decision-making processes open, accessible, and accountable to
the public. It encourages elected representatives and community
leaders to be responsive to the needs and concerns of the people
they serve.

The procedure for tax collection by Gram Panchayats in India

typically involves several steps and follows certain guidelines laid down
by state laws. Here's a general overview of the process:

1. Assessment of Taxes: The first step in tax collection is the

assessment of taxes. Gram Panchayats assess various types of
taxes, fees, and levies that are within their jurisdiction. These may
include property taxes, house tax, land revenue, profession tax,
entertainment tax, water tax, etc.
2. Notification of Taxes: Once the taxes are assessed, the Gram
Panchayat issues notifications informing residents about the types
of taxes to be levied, the rates applicable, the due dates for
payment, and any other relevant information. These notifications
are usually published in local newspapers or displayed in
prominent public places within the village.
3. Issuance of Tax Demand Notices: After the notifications are
issued, the Gram Panchayat sends tax demand notices to
individual property owners or taxpayers specifying the amount of
tax due and the deadline for payment. These notices may be
delivered in person or sent through mail.
4. Collection Centers: Gram Panchayats typically set up designated
collection centers or offices where taxpayers can make payments.
These centers may be located within the village or at convenient
locations accessible to residents. Taxpayers can visit these
centers to pay their taxes in person.
5. Online Payment Facilities: In recent years, many Gram
Panchayats have introduced online payment facilities to facilitate
tax collection. Taxpayers can make payments electronically
through the Gram Panchayat's website or online payment portals.
 This provides convenience and flexibility for residents to pay their
taxes from anywhere at any time.
6. Penalties for Non-Payment: Gram Panchayats may impose
penalties or interest charges on overdue taxes to incentivize timely
payment and ensure compliance. These penalties are usually
specified in the tax notifications or bylaws of the Gram Panchayat.
7. Record-Keeping and Accounting: Gram Panchayats maintain
accurate records of tax assessments, collections, and arrears.
They use accounting systems and software to track payments,
reconcile accounts, and generate reports on tax revenue collected.
8. Utilization of Tax Revenue: Tax revenue collected by Gram
Panchayats is used to fund various local development projects,
infrastructure initiatives, public services, and administrative
expenses aimed at improving the welfare and well-being of
residents within the village.

The procedure for conducting meetings of municipal committees

varies depending on the rules and regulations set forth by the municipal
corporation or municipality, as well as any applicable state laws.
However, here is a general overview of the typical procedure:

1. Notice of Meeting: A notice of the meeting is issued to all

members of the municipal committee in advance, as per the rules
governing the frequency of meetings and notice periods. The
notice includes the date, time, venue, and agenda of the meeting.
2. Agenda Setting: The agenda for the meeting is prepared by the
chairperson or secretary of the municipal committee in consultation
with other members and administrative staff. The agenda typically
includes items for discussion, decisions, and any other business to
be conducted during the meeting.
3. Quorum: Before the meeting begins, the presence of a quorum,
which is the minimum number of members required to conduct
business, is verified. If the quorum is not met, the meeting may be
postponed or adjourned to a later date.
4. Opening of the Meeting: The chairperson of the municipal
committee or the designated presiding officer calls the meeting to
order at the appointed time. The meeting begins with the recitation
of the opening prayer or any other customary procedure.
 5. Approval of Minutes: If applicable, the minutes of the previous
meeting are read out and approved by the members of the
committee. Any corrections or amendments to the minutes are
noted and incorporated as necessary.
6. Discussion of Agenda Items: The chairperson introduces each
item on the agenda, and members of the committee are given an
opportunity to discuss and debate the issues raised. Members may
propose motions, amendments, or resolutions related to the
agenda items.
7. Voting: After thorough discussion, members vote on motions,
resolutions, or decisions put forward during the meeting. The
voting process may be conducted verbally, by show of hands, or
through electronic means, depending on the rules of the municipal
committee.
8. Recording Decisions: The decisions taken during the meeting,
along with any amendments or resolutions, are recorded in the
minutes of the meeting by the secretary or designated recording
officer. The minutes serve as an official record of the proceedings
and decisions made.
9. Adjournment: Once all agenda items have been discussed and
decisions taken, the chairperson adjourns the meeting. The date,
time, and venue of the next meeting may be announced before
adjournment.
10. Follow-up Actions: Any follow-up actions or resolutions
passed during the meeting are communicated to relevant
authorities or departments for implementation. The progress of
these actions may be reviewed at subsequent meetings.

In India, the Panchayati Raj system, which comprises the local self-
government institutions at the village, intermediate (block), and district
levels, is subject to certain controls and oversight by the government at
various levels. Here's an overview of the control of the government
over the Panchayati Raj system:

1. Constitutional Framework: The Constitution of India provides a

framework for the establishment, structure, and functioning of
Panchayati Raj institutions. It outlines the powers, functions, and
responsibilities of Panchayats and empowers state governments to
 enact laws regarding their organization, composition, and
elections.
2. State Legislation: State governments have the authority to enact
laws governing the composition, powers, functions, and finances of
Panchayati Raj institutions within their respective states. These
laws may vary from state to state based on local needs, priorities,
and administrative structures.
3. Financial Control: State governments exercise control over the
finances of Panchayati Raj institutions by providing them with
funds, grants, and financial assistance for their functioning and
development activities. State finance commissions are constituted
to recommend the principles for distribution of financial resources
between the state government and Panchayats.
4. Administrative Supervision: State governments supervise and
monitor the functioning of Panchayati Raj institutions to ensure
compliance with laws, rules, and guidelines. They may appoint
administrative officers, such as District Collectors or Chief
Executive Officers, to oversee the administration of Panchayats
and provide guidance and support as needed.
5. Election Commission: The Election Commission of India
conducts elections to Panchayati Raj institutions in accordance
with the laws and guidelines set forth by the state government. It
ensures free, fair, and transparent elections by overseeing the
electoral process, voter registration, polling, and counting of votes.
6. Training and Capacity Building: State governments provide
training and capacity-building programs for Panchayat members
and officials to enhance their knowledge, skills, and capabilities in
governance, administration, and development planning. These
programs aim to strengthen the functioning and effectiveness of
Panchayati Raj institutions.
7. Review and Evaluation: State governments conduct periodic
reviews and evaluations of Panchayati Raj institutions to assess
their performance, identify challenges, and recommend measures
for improvement. Reviews may include financial audits,
performance assessments, and social audits to ensure
accountability and transparency.
8. Policy Formulation: State governments formulate policies,
programs, and schemes for rural development, decentralization,
and grassroots empowerment in consultation with Panchayati Raj
institutions. They involve Panchayats in the planning and
implementation of development initiatives to address local needs
and priorities.
.

In legal terms, a notice is a formal communication or notification

provided to an individual or entity to inform them about a specific matter,
requirement, or legal obligation. Notices can take various forms
depending on the context and purpose, such as written letters, emails,
official documents, public announcements, or verbal notifications.

Here are some common examples of notices:

1. Legal Notices: Legal notices are formal communications sent by

one party to another to convey legal rights, obligations, demands,
or intentions. Examples include notices of breach of contract,
eviction notices, termination notices, demand letters, and notices
of legal proceedings.
2. Government Notices: Government agencies issue notices to
inform the public about regulatory changes, policy updates, public
hearings, administrative decisions, or compliance requirements.
Examples include notices from tax authorities, environmental
agencies, planning departments, and licensing authorities.
3. Employment Notices: Employers issue notices to employees
regarding matters such as termination of employment, disciplinary
actions, changes in work conditions, holiday schedules, or
company policies and procedures.
4. Financial Notices: Financial institutions issue notices to
customers regarding account statements, payment due dates,
account closures, changes in interest rates, or legal notices related
to debt collection.
5. Public Notices: Public notices are announcements published by
government agencies or private entities to inform the public about
matters of general interest or importance. Examples include
notices of public meetings, hearings, auctions, land use
applications, or public safety advisories.

Consequences of Non-Compliance:

The consequences of non-compliance with a notice depend on the

nature of the notice, its legal implications, and the applicable laws or
regulations. Here are some potential consequences of non-compliance:
 1. Legal Action: Failure to comply with a legal notice, such as a
court summons, demand letter, or regulatory notice, may result in
legal action being taken against the non-compliant party. This
could include lawsuits, fines, penalties, or other legal
consequences.
2. Loss of Rights or Benefits: Non-compliance with certain notices,
such as notices of breach of contract or termination, may result in
the loss of rights, benefits, or privileges conferred by the notice.
For example, non-payment of rent may lead to eviction from a
rental property.
3. Administrative Sanctions: Non-compliance with government
notices, such as tax notices or regulatory compliance notices, may
result in administrative sanctions such as fines, penalties,
suspension of licenses or permits, or other regulatory actions.
4. Default Provisions: Some notices contain default provisions
specifying the consequences of non-compliance, such as
automatic forfeiture of a deposit, acceleration of debt, or imposition
of additional fees or charges.
5. Reputational Damage: Non-compliance with notices can damage
the reputation of individuals or entities, particularly if the non-
compliance becomes public knowledge or is reported to relevant
stakeholders.

Municipal Committees are local governing bodies responsible for the

administration and management of urban areas within their jurisdiction.
They are a part of the broader municipal governance structure in India
and are typically established in smaller urban areas such as towns and
small cities. Municipal Committees play a crucial role in providing
essential services, maintaining public infrastructure, and promoting the
overall welfare and development of urban communities.

Here are some key features and functions of Municipal Committees:

1. Local Administration: Municipal Committees are responsible for

the local administration of urban areas, including the provision of
civic amenities, infrastructure development, and maintenance of
public services such as water supply, sanitation, solid waste
management, roads, and street lighting.
2. Elected Representation: Municipal Committees are typically
composed of elected representatives known as councillors or
committee members who are elected by the residents of the urban
area through periodic municipal elections. These councillors
 represent the interests of their respective wards or constituencies
within the municipal committee.
3. Executive Function: Municipal Committees have executive
powers to implement and enforce various laws, rules, and
regulations pertaining to urban governance, public health, safety,
and welfare. They may appoint administrative officers, such as
Municipal Commissioners or Executive Officers, to oversee the
day-to-day administration and operations of the municipal
committee.

The procedure for the election of the President and Vice-President

of municipal committees in India generally follows the guidelines laid
down in the relevant state laws, municipal rules, and procedures
established by the State Election Commission. Here's an overview of the
typical procedure:

1. Notification of Elections: The State Election Commission issues

a notification announcing the schedule for the election of the
President and Vice-President of municipal committees. The
notification specifies the date, time, and place for filing
nominations, scrutiny of nominations, withdrawal of candidature,
polling, and counting of votes.
2. Filing of Nominations: Eligible candidates interested in
contesting for the positions of President and Vice-President submit
their nomination papers to the designated Returning Officer within
the specified time frame. Nomination papers must be proposed
and seconded by other eligible members of the municipal
committee.
3. Scrutiny of Nominations: After the deadline for filing nominations
expires, the Returning Officer scrutinizes the nomination papers to
verify their validity and compliance with the eligibility criteria and
procedural requirements. Candidates whose nominations are
found to be in order are deemed eligible to contest the election.
4. Withdrawal of Candidature: Candidates have the option to
withdraw their candidature within a specified period after the
scrutiny of nominations. If a candidate chooses to withdraw, their
name is removed from the list of candidates, and they are no
longer eligible to contest the election.
5. Publication of Final List of Candidates: After the withdrawal
period ends, the Returning Officer publishes the final list of
 candidates who will contest the election for the positions of
President and Vice-President of the municipal committee.
6. Conduct of Elections: On the scheduled date, members of the
municipal committee eligible to vote cast their votes to elect the
President and Vice-President. The voting process may be
conducted through secret ballot or other methods as prescribed by
the State Election Commission.
7. Counting of Votes: After polling concludes, the votes are counted
in the presence of candidates or their authorized representatives.
The votes are tallied, and the candidate receiving the majority of
votes is declared elected as the President or Vice-President of the
municipal committee.
8. Declaration of Results: Once the counting of votes is completed,
the Returning Officer announces the results of the election and
declares the candidates elected as the President and Vice-
President of the municipal committee.
9. Assumption of Office: The elected President and Vice-President
assume office after taking oath or affirmation as per the prescribed
procedure. They formally begin their term and commence their
duties and responsibilities as per the rules and regulations
governing the municipal committee.

It's important to note that the specific procedures for the election of
President and Vice-President of municipal committees may vary slightly
depending on the state laws, municipal rules, and election procedures
established by the State Election Commission.

Compoundable offences refer to those offences where the complainant

(the person who has been wronged) enters into a compromise or
settlement with the accused (the person alleged to have committed the
offence), and as a result, the case is withdrawn from the court.

The power to compound offences is granted under the law, typically in

the Criminal Procedure Code (CrPC) or other relevant statutes. When an
offence is compoundable, it means that the complainant has the legal
authority to withdraw the case against the accused, usually after
reaching a settlement or agreement, and the court has the power to
allow this withdrawal.

However, not all offences are compoundable. Some serious offences,

especially those against the state or public order, are non-
compoundable, meaning that they cannot be settled through a
compromise, and the legal proceedings must continue regardless of any
agreement between the parties involved.

As of my last update in January 2022, the 114th report of the Law

Commission of India is titled "Early Childhood Development and Legal
Entitlements". This report focuses on the legal framework surrounding
early childhood developme

nt and the entitlements of children in India. It examines various laws,

policies, and programs related to early childhood care and education,
health, nutrition, and protection. The report provides recommendations
for reforms and improvements in this area to ensure the holistic
development and well-being of children in the country.

However, please note that my information might be outdated, and there

could have been additional reports released by the Law Commission
since then. For the most current information on the 114th report or any
subsequent reports, I recommend consulting the official website of the
Law Commission of India or other reliable sources.