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.