Urban Local Bodies (ULBs) are local governing bodies responsible for the administration of cities and towns in India. They are given constitutional status under the Constitution (74th Amendment) Act 1992, which aims to provide greater autonomy and power to urban local bodies for better management of urban areas. ULBs are responsible for providing essential services such as water supply, sanitation, roads, public transport, and waste management to residents of urban areas. Broadly, there is a three-tier structure of ULBs in India, namely Municipal Corporations, Municipal Councils, and Nagar Panchayats, each with different levels of administrative control and powers. Their jurisdiction is limited to an area specified by the respective state government.

Evolution of Municipal Bodies in India

British rule in India is largely responsible for the emergence of modern urban governance for towns and cities. The colonial government established presidency corporations and municipalities in major cities of India. First municipal corporation was established in Madras in 1687. Municipal corporations were set up in Bombay and Calcutta in 1872 and 1876 respectively. 

Lord Mayo’s resolution of 1870 and Lord Rippon’s  resolution of 1882 led to considerable increase in the number of wholly or partly elected municipalities. These resolutions stressed the need to develop local self-government institutions for strengthening municipal bodies and for association of native people in matters related to administration.

The Royal Commission on decentralisation recommended that the municipalities be given increased powers of taxation, complete control over their budgets, a substantive elected majority and their own elected chairman. These recommendations along with provisions of dyarchy in the government of India Act, 1919 paved the way for more responsible municipal governments in India.

The constitution of India under article 40 mentions the organisation of village panchayats. However, such a provision was not made for urban local bodies. The mention of urban local self-government appears in the state list and hence the urban local bodies created after independence were created through legislations passed by the state governments. Various committees,  created after independence, for the purpose of improving the functioning of urban local governments emphasised on greater taxation powers to urban bodies, constitutional status to urban bodies, regular elections to urban bodies, greater devolution of powers to urban bodies, etc.

Empowering Urban Local Bodies in India Through the 74th Amendment Act of 1992

The Constitution (74th Amendment) Act, 1992 aims at constitutional guarantees to safeguard the interests of urban local governments to enable them function as effective democratic and self-governing institutions at grassroots level. It provides a constitutional status to the structure and mandate to these bodies. The Act also provides for public participation through elected municipalities.

The Act added Part IX-A and the 12th Schedule in the constitution of India. Part-IX-A of the Constitution includes provisions from Article 243(P) to Article 243(ZG). Further, with the addition of the 12th schedule in the constitution, 18 subjects were identified and were put under the jurisdiction of the Municipalities. 

Salient Features

The salient features of the 74th Constitutional Amendment Act of 1992 are as follows:

Types of Municipalities

The Act envisages three types of municipalities in every state. These are:

• Nagar Panchayat: It is for a transitional area. 
• Municipal area: It is for a smaller urban area.
• Municipal Corporation: It is for a larger urban area.

Following are the factors considered when specifying transitional area, smaller area or larger urban area-

• Population of the area
• Population density of the area
• Revenue generated for local administration
• Percentage of employment in non-agricultural activities
• Economic importance of the area
• Such other factors as the governor may deem fit. 

Composition of Urban Local Bodies

The members of the Municipal bodies are directly elected by people of the area demarcated for the purpose of election through delimitation. For the purpose of election, the municipal areas are divided into territorial constituencies known as wards.

Role of the state legislature:

The state legislature may provide for the manner of the election of the Chairpersons of a municipality.

• The State Legislature, by law, may also make provisions for-
  • The representation in the municipal bodies of persons with special knowledge or experience in municipal administration.
  • Members of Lok Sabha and the State Legislative Assembly who represent the constituencies which comprise wholly or partly the municipal areas.
  • Members of Rajya Sabha and the State Legislative Council registered as electors within the municipal area.
  • The chairpersons of committees (other than ward members)

Role of Ward Committees in Strengthening Urban Local Bodies

A ward committee shall be constituted consisting of one or more wards. These committees shall be constituted within the territorial area of a municipality that is having a population of more than three lakh or more.

• The state legislature has the liberty to make adequate provisions for the composition of the territorial area of the wards committee and the manner in which the seats in a wards committee shall be filled. 
• It can also frame provisions for the constitution of the committees in addition to the wards committees.