Model Answer
0 min readIntroduction
The Indian Constitution, originally conceived as quasi-federal, has undergone significant transformations through amendments. The 74th Constitutional Amendment Act, 1992, aimed at strengthening local bodies – municipalities – by granting them constitutional status and functional autonomy. This Act is often described as creating a ‘federation within a federation’ by establishing a third tier of government, distinct from the Centre and the States. This implies a devolution of power not just vertically (Centre-State) but also horizontally, empowering local bodies to function as self-governing units with defined responsibilities and financial resources. The extent to which this characterization holds true requires a detailed examination of the Act’s provisions and their practical implementation.
Understanding ‘Federation within a Federation’
The concept of ‘federation within a federation’ suggests a multi-tiered federal structure where local bodies, possessing constitutional recognition and functional autonomy, operate as independent units within the larger federal framework. This implies a degree of fiscal decentralization, functional assignment, and institutional safeguards to protect their autonomy. It moves beyond a unitary system with devolved powers to a genuinely federal structure with multiple layers of governance.
Provisions of the 74th Amendment Act
- Constitutional Status: Article 243G conferred constitutional status on municipalities.
- Composition of Municipalities: Article 243C outlines the composition of municipalities, ensuring representation of various sections of society.
- Reservation of Seats: The Act mandates reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women in municipalities (Article 243D).
- State Election Commission: Article 243K established State Election Commissions to conduct regular and impartial elections to municipalities.
- State Finance Commission: Article 243I mandates the constitution of State Finance Commissions to review the financial position of municipalities and recommend principles governing the distribution of taxes, duties, tolls, and fees between the State and the municipalities.
- Functions Assigned to Municipalities: The 12th Schedule of the Constitution lists 18 functions that may be devolved to municipalities, including urban planning, regulation of land use, roads and bridges, water supply, public health, sanitation, and solid waste management.
Extent of ‘Federation within a Federation’
The 74th Amendment has undoubtedly strengthened local self-governance in India, but the extent to which it has created a true ‘federation within a federation’ is debatable.
Positive Aspects:
- Increased Decentralization: The Act has led to increased decentralization of power and responsibilities to urban local bodies.
- Enhanced Participation: Reservation policies have promoted greater participation of marginalized groups in local governance.
- Improved Service Delivery: Devolution of functions has the potential to improve the quality and efficiency of urban services.
- Strengthened Democratic Processes: Regular elections and the establishment of State Election Commissions have strengthened democratic processes at the local level.
Limitations:
- Financial Dependency: Municipalities remain heavily dependent on State governments for financial resources. State Finance Commissions have not always been effective in ensuring adequate devolution of funds. (As per the 15th Finance Commission report, 2020, own revenue sources of ULBs remain limited).
- Lack of Functional Autonomy: State governments often retain significant control over municipal functions, limiting their autonomy.
- Administrative Capacity: Many municipalities lack the administrative capacity and technical expertise to effectively perform their assigned functions.
- Political Interference: Political interference from State governments and local politicians can undermine the independence and effectiveness of municipalities.
- Uneven Implementation: Implementation of the 74th Amendment has been uneven across different states, with some states being more proactive than others in devolving powers and resources.
Comparative Analysis: State Variations
| State | Level of Devolution (Funds) | Level of Devolution (Functions) |
|---|---|---|
| Kerala | High | High |
| Karnataka | Medium | Medium |
| Uttar Pradesh | Low | Low |
Conclusion
The 74th Constitutional Amendment Act represents a significant step towards strengthening local self-governance in India and has undeniably moved the country closer to a ‘federation within a federation’. However, the realization of this vision remains incomplete. Persistent financial dependency, limited functional autonomy, and administrative capacity constraints continue to hinder the full potential of municipalities. Further reforms, including greater fiscal decentralization, strengthening of State Finance Commissions, and capacity building initiatives, are crucial to ensure that urban local bodies can truly function as independent and self-governing units within the Indian federal system.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.