Latest news with #74thConstitutionalAmendmentAct
Hindustan Times
01-06-2025
- Politics
- Hindustan Times
India's cities deserve more than token decentralisation
The 74th Constitutional Amendment Act (CAA) that came into force on June 1, 1993, promised to institutionalise democratic decentralisation in India's cities. When the Bill was presented in Parliament in 1991, the statement of objects acknowledged that many Urban Local Governments (ULGs) had become weak and ineffective due to irregular elections, prolonged supersession, and inadequate devolution of powers. India's municipal governance journey dates back to 1687 with the formation of the first municipal corporation in Madras (now Chennai). The 74th CAA promised empowered, accountable, and participatory city governments by granting them constitutional status and establishing a national governance. Over three decades later, that promise remains fulfilled more in letter than in spirit. In hindsight, the 74th Amendment addressed a historic backlog more than it offered a forward-looking blueprint. It fell short of anticipating the institutional demands of large cities in a liberalising economy. A landmark audit on the implementation of the 74th CAA across 18 states by the Comptroller and Auditor General (CAG) of India found that, on average only four of the 18 (<25%) functions mandated under the Constitution have been fully devolved to ULGs. Over 60% ULGs lacked elected councils. State Finance Commissions were delayed by 412 days on average. ULGs face a 65% shortfall in per capita spending, and a 42% resource-expenditure gap. Citizen engagement in planning and budgeting is minimal, with ward committees largely defunct. Meanwhile, Union and state governments continue to dominate urban development through schemes and parastatals, bypassing elected councils; 72% of urban infrastructure is financed by Union and state governments. ULGs lack control over core functions like planning, water supply, sanitation, housing, and transport. In many cities, even Group D staff appointments require higher-level approval. ULGs have been reduced to extensions of state governments. The consequences are visible: Water shortages, crumbling streets, flooded neighbourhoods, choked roads, overcrowded transport, and a deteriorating environment. India can no longer afford a business-as-usual approach to urban governance. To change the status quo, we must move beyond token acknowledgements of the 74th Amendment's limited achievements. A reform strategy must be structured around three components: Measure, Map, and Mandate. Measure: The Union ministry of housing and urban affairs (MoHUA) lacks a comprehensive assessment of urban decentralisation. Until the CAG audits began in 2020, there was no authoritative data of the 74th Amendment implementation. In contrast, the ministry of Panchayati Raj has conducted seven assessments since the 73rd CAA and tracks panchayat performance via a Panchayat Development Index. MoHUA and state Urban Development Departments (UDDs) must build capacity to measure and monitor decentralisation in real-time, linking data to reform-oriented grants and programmes. Map: Roles and responsibilities across all levels of government and civic agencies must be clearly mapped and harmonised. States must relinquish excessive control and empower ULGs with policy, finance, knowledge and human resources. Elected councils and mayors must have democratic oversight over all agencies operating in their cities. Mandate: The Centre must initiate a second wave of constitutional reforms to strengthen the 74th CAA — closing existing loopholes and future-proofing decentralisation. This includes differentiated governance models for metros, and emerging and small cities; guaranteed devolution of functions; time-bound elections; empowered ward committees and area sabhas; and fiscal decentralisation through stable revenue streams and formula-based transfers. The amendment must specify mayoral tenures, delimitation and reservation timelines, revenue entitlements, and citizen forums definitively. The 74th Amendment was a constitutional promise. It's time we honour it. Santosh Nargund is head of participatory governance at Janaagraha Centre for Citizenship and Democracy. The views expressed are personal
Time of India
09-05-2025
- Politics
- Time of India
Deputy Chief Minister DK Shivakumar's airport flyover plan encounters scepticism
Nitin Gadkari Sandeep Anirudhan City-based mobility experts have raised concerns over Karnataka Deputy CM DK Shivakumar's recent proposal to the Union Ministry for a dedicated elevated flyover connecting Hebbal Junction to Kempegowda International the Deputy CM's letter tounderlines that a signal-free, dedicated flyover would drastically cut travel time for airport passengers, industrial freight vehicles, and daily commuters, experts say such decisions should be based on a scientific analysis of the situation. It is said that any more road networks in the city should be created only after a feasibility such large-scale boost to road infrastructure projects is likely to result in a surge in private vehicle usage.'All mass transit projects, metro or suburban rail, are facing challenges with deadlines. While these projects are terribly behind schedule, a series of road infrastructure projects are being announced by our Deputy CM. Such initiatives will only worsen traffic congestion in the city,' said a mobility Deputy CM's letter to the Union Ministry claimed that since the existing 35-km corridor from Hebbal to the airport is choked with traffic due to rising industrial activity and the emergence of commercial hubs, the new flyover could serve as a critical lifeline for the city's to, Convenor of Citizens' Agenda for Bengaluru and a mobility expert, the root cause of the traffic issue is lawlessness being practised by the decision-makers. He points to the 74th Constitutional Amendment Act, which states that every metropolitan area shall have a metropolitan planning committee to prepare a draft development plan. Bengaluru has been devoid of such a committee so say that the government keeps adopting the band-aid approach instead of pursuing holistic development. A flyover or tunnel is seen as a temporary solution that fails to address the root causes, allowing the underlying issues to persist and escalate over time.'We are fed up with the executives ignoring the constitution, the provisions for urban planning, master plan, capacitance of the metropolitan planning committee (MPC), etc, as a result of which the city is paying the price in terms of unplanned development. We don't need a panacea, we need a cure,' he said. He emphasised that planning must take precedence, with a master plan issued through due process, ensuring that only recommended projects are systematically undertaken. He added that the Union Minister should insist on Karnataka having an operative master plan, with an embedded transport plan, before any funds are disbursed to the state.
Indian Express
25-04-2025
- Politics
- Indian Express
Karnataka Governor gives nod to Greater Bengaluru Governance bill
Karnataka Governor Thaawarchand Gehlot on Thursday granted assent to the Greater Bengaluru Governance Bill, 2024, paving way to replace the Bruhat Bengaluru Mahanagara Palike (BBMP) Act, 2020, and restructure Bengaluru's civic administration by splitting the BBMP into up to seven smaller municipal corporations under a Greater Bengaluru Authority (GBA). The Bill proposes the creation of multiple municipal corporations (upto 10) to enhance decentralised governance, improve infrastructure, and ensure participatory and responsive administration. The GBA, chaired by the Chief Minister, will oversee and coordinate development across these corporations and parastatal agencies. The Bill also aims to empower ward committees and enhance political accountability. It faced significant opposition during its passage in the Karnataka Legislative Assembly and Council. BJP and JD(S) legislators staged walkouts, arguing that it violates the 74th Constitutional Amendment Act, which emphasises devolving power to urban local bodies. Critics claim the Bill centralises authority under the state government, particularly through the GBA, potentially undermining local self-governance. The Governor had previously returned the Bill on March 26, seeking clarifications due to legal and public interest concerns raised by citizens' groups and urban governance experts. These concerns included potential interference with elected local bodies and insufficient stakeholder consultation. The assent is likely to further delay BBMP elections, as the restructuring process will require delimitation and administrative reorganisation. This has raised concerns among local people about prolonged delays in local representation. The Congress government, however, justifies the breaking of BBMP into smaller corporations for better management of civic services. Currently, one Mayor oversees the entire Bengaluru, making decision-making slow and less representative and the Congress administration believes that multiple city corporations would allow more localized leadership. The Bill also introduced heritage conservation regulations, categorising buildings into three grades, with different levels of protection. While the Bill allows the establishment of ward committees and city corporations to have independent budgets, the state government retains the power to appoint or remove commissioners in these corporations, making them dependent on state directors.
Hindustan Times
23-04-2025
- Politics
- Hindustan Times
The unfinished agenda of India's urban governance
Political oversight of executive power is a fundamental principle of India's parliamentary democracy. The chain of accountability requires the executive or the government to be responsible to elected representatives, who, in turn, are answerable to citizens. Thus, the Union government is responsible to Parliament and state governments to state assemblies. Though municipalities have been in existence in India since the late 19th century, it was only in 1993 that the 74th Constitutional Amendment Act (74th Amendment) provided constitutional recognition to directly elected municipalities to exercise political oversight of city administration. However, in March 2025, a report of the Parliament Standing Committee on housing and urban affairs spotlighted the unfinished agenda of empowerment of our municipalities. Recently, this Standing Committee presented its report to Parliament, analysing the budget of the ministry of housing and urban affairs (MoHUA) for 2025–26. The committee found that not only was the budget of MoHUA for FY25 slashed by 23% mid-year, MoHUA was unable to spend ₹20,875 crore (33%) even from that curtailed budget till the last month of the financial year. According to the committee, the lack of holistic and comprehensive urban planning at the city level has led to low demand for MoHUA's schemes and grants, resulting in under-utilisation of available funds. Without proper city-level plans, states and cities are less likely to avail of these resources. The committee recommended supporting municipalities to devise their own urban development plans in consultation with local stakeholders and to build their capacities. Schedule XII of the Constitution, inserted through the 74th Amendment, devolves 'urban planning, including town planning' and 'planning for economic and social development' to municipalities. However, Janaagraha's Annual Survey of India's City-Systems (ASICS), 2023 report finds that the function of urban planning is typically not devolved to cities and decentralised urban planning is not mainstreamed. As per ASICS 2023, of 35 states/UTs, only Kerala provides a role for municipalities in the planning process as part of its planning legislation. Further, 39% of India's capital cities did not have an active master plan as of March 2023. Besides visionless development, the absence of systematic planning with a shelf of development projects makes it difficult for municipalities to effectively determine the workforce and funds required to provide quality services to citizens. The Compendium of Performance Audits on the Implementation of the 74th Constitutional Amendment Act, 1992, covering 18 states and released in 2024 by the Comptroller and Auditor General of India, found an average vacancy of 37% against sanctioned strength in municipal corporations; in town panchayats, this goes up to an average vacancy of 44%. Additionally, the audit finds an average 42% resource expenditure gap for municipalities, pointing to financial constraints. Therefore, on the one hand, MoHUA has unutilised funds and, on the other, cities struggle to find human and financial resources to address development challenges. To address this, cities need to be encouraged and equipped to devise 'city action plans' through 360° stakeholder engagement. As recommended by the committee, such 'assessment of civic needs' of different cities should drive future interventions by MoHUA through its schemes and programmes. However, to achieve this, our municipalities need to be empowered. Regular elections that install democratically elected local governments are essential to ensure that planning is not reduced to yet another bureaucratic process. The CAG audit found that elections were delayed in over 60% of municipalities across India. This results in the absence of legislative and political oversight of the functioning of a city's administration. Additionally, elected councillors and mayors need to be empowered through adequate devolution of 3Fs — funds, functions, and functionaries. Janaagraha's research indicates that on average, 5 out of 18 functions under Schedule XII are performed by parastatals which are not accountable to municipalities. This severely limits the ability of mayors and councillors to ensure proper execution of development works in their cities. There is also a need to significantly invest in capacity building and leadership development of elected representatives. Further, citizen participation is critical in the success of any planning exercise. Formal platforms for citizen participation and accountability, such as ward committees and area sabhas, are already provided in various state municipal legislations. However, these need to be activated to prepare ward and neighbourhood development plans which will then feed into City Action Plans. With over half of India's population projected to reside in urban areas by 2047, the time is ripe for MoHUA and state urban development departments to reorient their roles towards strengthening local governments. Maansi Verma is with Janaagraha, a Bengaluru-headquartered think tank. The views expressed are personal
