WHAT ARE THE SIGNIFICANCE OF 73rd AND 74TH AMENDMENTS TO THE CONSTITUTION OF INDIA AND EXPLAIN THE CONCERNS AND INHERENT LIMITATIONS OF 74TH AMENDMENT ACT.

              73rd Constitutional amendment Act, 1992 added a new part 9th and also added eleventh schedule to the constitution of India and 74th Constitutional Amendment act 1992 has introduced a new part 9A and 12th schedule in the Constitution.

Significance :
  • To strengthen the governance at the grass root level.
  • To implement the directive principle mentioned in the article 40.
  • It has provided Constitutional guarantee of self governing democratic institutions in rural ares.
  • Main benefits are political education, local administration, skill development and self government
  • It will be possible to prepare plans for economic development and social justice at this level.

Concerns with respect to this amendment:
  • Elected representatives at the municipality level are rendered powerless by making them subordinate to the state government.
  • In most muncipal corporations, the executive powers of the corporation are governed by state government appointed commissioner rather than elected representative. ie, mayor
  • Creation of government agencies which are accountable only to the state government but not the local government. This dilutes the political role of muncipal corporations.
  • New central government programs are further making local government powerless and depoliticised. Ex: creation of special purpose vehicle for smart city missions which will have operational independence and autonomy in decision making.
  • Over reliance on semi representative bodies.

Inherent limitations in 74th Amendment:
  • Many of its key provision are not mandatory for the state government. ex:Financial devolution - provisions.
  • The functions listed under the 12th schedule do not include essential civic issues such as carbon transportation, housing or urban commons.
  • Industrial township exception - a municipality need not be constituted in areas which are declared as industrial town ships.
  • All these have resulted in urban local governments active disempowerment and depoliticisation.