The Constitution of India Part IX-A: The Municipalities (Article 243P to 243ZG)

IX-A

Part IX-A: The Municipalities

Provides the constitutional framework for urban local self-government in India. This part was added by the 74th Constitutional Amendment Act, 1992, as a counterpart to Part IX for rural areas. It aims to strengthen democratic decentralization in cities and towns by establishing Municipalities as institutions of self-government.

Definitions & Types of Municipalities

243P

Definitions

Defines key terms for this part, including:

• Municipality: An institution of self-government constituted under Article 243Q.
• Metropolitan area: An area with a population of ten lakhs or more.
• Wards Committee: A committee consisting of one or more wards within the territorial area of a Municipality.
• District Planning Committee: A committee to consolidate plans for the district as a whole.

243Q

Constitution of Municipalities

Mandates that every State shall constitute Municipalities throughout the State. It specifies three types:

• Nagar Panchayat: For a transitional area (rural to urban).
• Municipal Council: For a smaller urban area.
• Municipal Corporation: For a larger urban area.

The Governor may specify, by public notification, what constitutes these areas.

Composition, Reservations & Duration

243R

Composition of Municipalities

All seats in a Municipality shall be filled by persons chosen by direct election from territorial constituencies (wards). It allows for the representation of:

• Persons with special knowledge or experience in municipal administration (without voting rights).
• Members of the Lok Sabha and State Legislative Assembly representing constituencies within the municipal area.

The Chairperson of a Municipality is elected as provided by State law.

243S

Constitution and composition of Wards Committees, etc.

Mandates the constitution of Wards Committees for one or more wards within a Municipality having a population of three lakhs or more. It may also provide for the constitution of other committees for functions assigned to them.

243T

Reservation of seats

Mandates reservation in Municipalities:

• For Scheduled Castes and Scheduled Tribes in proportion to their population.
• Not less than one-third of the total seats for women (including those reserved for SC/ST women).
• Similar reservations for the offices of Chairpersons.

State Legislatures may also reserve seats for backward classes.

243U

Duration of Municipalities, etc.

Fixes the term of every Municipality at five years from the date of its first meeting. Elections to constitute a new Municipality must be completed before the expiry of its term. If a Municipality is dissolved, elections must be held within six months.

Powers, Responsibilities & Finances

243W

Powers, authority and responsibilities of Municipalities

Empowers State Legislatures to endow Municipalities with necessary powers to function as self-governments. This includes preparing plans for economic development and social justice, and implementing schemes related to the 18 matters listed in the Twelfth Schedule (like urban planning, water supply, public health, slum improvement).

243X

Power to impose taxes and funds of Municipalities

Authorizes State Legislatures to confer on Municipalities the powers to levy, collect, and appropriate taxes, duties, tolls, and fees. It also allows States to assign to Municipalities revenues from certain taxes, and provide for grants-in-aid from the State Consolidated Fund.

243Y

Finance Commission

Mandates the Governor of a State to constitute a Finance Commission every five years to review the financial position of the Municipalities and recommend principles for:

• Distributing net tax proceeds between State and Municipalities.
• Determining taxes to be assigned to Municipalities.
• Grants-in-aid to Municipalities from the State Consolidated Fund.

243Z

Audit of accounts of Municipalities

The Legislature of a State may, by law, make provisions for the maintenance and audit of Municipal accounts. This ensures financial transparency and accountability in urban local governance.

🗳️ Elections, Committees & Other Key Provisions

Election & Bar on Interference

• Art. 243ZA: Elections to Municipalities are conducted by the State Election Commission.
• Art. 243ZB: Bars courts from interfering in electoral matters of Municipalities.

Planning Committees

• Art. 243ZD: Constitution of District Planning Committees to consolidate plans for rural and urban areas in the district.
• Art. 243ZE: Constitution of Metropolitan Planning Committees for metropolitan areas to prepare development plans.

Application & Continuance

• Art. 243ZC: Application to Union territories.
• Art. 243ZF: Continuance of existing laws and Municipalities.
• Art. 243ZG: Part not to apply to Scheduled and tribal areas, etc.