PSIR 6a. Discuss the major provisions of the 74th Constitutional Amendment Act. Do you think that the Act remains an 'unfulfilled dream'? Argue your case. UPSC 2023, 20 Marks

Major Provisions of the 74th Constitutional Amendment Act:

Constitution of Municipalities: The Act mandates the constitution of three types of municipalities - Nagar Panchayats for transitional areas, Municipal Councils for smaller urban areas, and Municipal Corporations for larger cities.

Composition of Municipal Bodies: It provides for the composition of municipal bodies, including the reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women. It also prescribes the number of seats and wards based on the population of the urban area.

Direct Elections: The Act ensures the direct election of the Mayor or Chairperson of the Municipal Corporation or Municipality by the people.

Reservation of Seats: It mandates the reservation of seats for SCs, STs, and women in the municipal bodies to promote social justice and inclusivity.

Ward Committees: The Act recommends the establishment of ward committees to decentralize decision-making and ensure local participation.

Devolution of Powers and Functions: It assigns several functions, powers, and responsibilities to the municipalities, including urban planning, public health, sanitation, and slum improvement.

State Finance Commissions: The Act necessitates the creation of State Finance Commissions to determine the share of taxes and grants to be devolved to municipalities.

Urban Planning: It emphasizes the need for urban planning within municipalities, ensuring sustainable development and infrastructure development.

Is the 74th Constitutional Amendment Act an 'Unfulfilled Dream'?

Arguments in Favor:

Incomplete Implementation: Many states have not fully implemented the provisions of the 74th Amendment Act. Municipalities often lack autonomy and face interference from state governments.

Financial Dependence: Municipalities heavily rely on state governments for finances, limiting their fiscal autonomy. This has hindered their ability to provide essential services effectively.

Lack of Empowerment: The Act aimed to empower local governments, but in practice, they often lack decision-making powers, especially in critical areas like land use planning and revenue generation.

Limited Capacity Building: Municipalities often lack the necessary administrative and technical capacity to carry out their functions effectively.

Arguments Against:

Progress in Some States: While implementation varies across states, some have made significant progress in empowering municipalities and devolving functions and finances.

Positive Impacts: In several urban areas, local governments have played a crucial role in improving infrastructure, sanitation, and public services.

Legal Framework: The Act provides a legal framework for urban governance that can be leveraged to push for greater decentralization and autonomy.

Awareness and Advocacy: Civil society organizations and advocacy groups are increasingly working to raise awareness about the Act and its potential, pressuring governments for better implementation.

In conclusion, while the 74th Constitutional Amendment Act has faced challenges and shortcomings in its implementation, it has not entirely remained an 'unfulfilled dream.' Progress varies by state, and the Act provides a foundation that, with continued effort and advocacy, can lead to more effective urban governance and decentralization in India.