8.5.2. 74th Amendment

The 74th amendment dealt with urban local bodies or Nagarpalikas. What is an urban area? It is very easy to identify a big city like Mumbai or Kolkata, but it is not so easy to say this about some very small urban areas that are somewhere between a village and a town. The Census of India defines an urban area as having: (i) a minimum population of 5,000; (ii) at least 75 per cent of male working population engaged in non-agricultural occupations and (iii) a density of population of at least 400 persons per sq. km. As per the 2011 Census, about 31% of India’s population lives in urban areas.

The 74th Amendment was introduced to govern urban local bodies (known as Nagarpalikas) in India. It defines urban areas based on specific criteria. For an area to be recognized as urban, it must have at least 5,000 inhabitants, a significant portion of its working population engaged in non-agricultural jobs, and a certain population density. This amendment aimed to enhance the governance and functionality of urban local bodies by providing a framework that addresses their unique challenges and needs.

Consider a small town like 'Madhavpur', which may have a population of 6,000. It thrives on local shops and markets and features no significant agricultural jobs, which makes it an urban area under this definition. This classification allows Madhavpur to access specific urban governance frameworks that can help address its infrastructure needs, such as waste management and public transport.

In many ways the 74th amendment is a repetition of the 73rd amendment, except that it applies to urban areas. All the provisions of the 73rd amendment relating to direct elections, reservations, transfer of subjects, State Election Commission and State Finance Commission are incorporated in the 74th amendment also and thus apply to Nagarpalikas. The Constitution also mandated the transfer of a list of functions from the State government to the urban local bodies. These functions have been listed in the Twelfth Schedule of the Constitution.

The 74th Amendment mirrors many key aspects of the 73rd Amendment but is specifically tailored for urban local governance. Both amendments share common elements like direct elections which allow residents to vote directly for their local representatives, reservations that ensure representation for marginalized groups, and the establishment of State Election and Finance Commissions to ensure independent and fair electoral processes. Furthermore, the 74th Amendment includes a list of functions transferred from state to urban local government, ensuring these bodies can effectively manage local issues.

Think about a city like 'Dwarka' which requires frequent maintenance of roads, waste management, and local health services. The 74th Amendment ensures that the challenging aspects of urban management can be dealt with directly by elected local leaders rather than state officials, allowing for more immediate and responsive governance. Just like an elected school board can make decisions about local schools, the urban local bodies can make decisions that best suit their communities.

All States have now passed legislation to implement the provisions of the 73rd and 74th amendments. During the ten years since these amendments came into force (1994-2004) most States have had at least two rounds of elections to the local bodies.

Since the introduction of the 73rd and 74th Amendments, all Indian states have been required to pass their own legislation to incorporate these provisions into their governance structures. Over the period from 1994 to 2004, most states conducted multiple elections for local bodies, ensuring consistent representation and allowing citizens to have a voice in decision-making processes. This is significant because regular elections promote accountability and adaptability in local governance.

Imagine a city like 'Patna', where every time the local government is elected, it brings in new ideas and solutions to city problems, like improving public transport or addressing road safety. The regular elections allow citizens to evaluate their representatives, encouraging them to perform well or risk being replaced in the next election.

The provision for reservation for women at the Panchayats and Nagarpalikas has ensured the presence of a significant number of women in local bodies. As this reservation is also applicable for the positions of Sarpanch and Adhyaksha, a large number of women elected representatives have come to occupy these positions.

The 74th Amendment included a significant provision that mandates reservation for women in local bodies, ensuring that at least one-third of the seats are reserved for female representatives. This has dramatically increased women's participation in local governance and leadership roles, helping to amplify women's voices in decision-making processes and create a more balanced perspective on community issues.

In a village like 'Saraswati', local elections resulted in 10 women being elected to the Gram Panchayat, including the Sarpanch. These women have started initiatives such as literacy programs for girls and healthcare awareness campaigns. Their presence in positions of power not only diversifies viewpoints but also helps foster a sense of community empowerment and involvement among women, inspiring the next generation.

Local governments continue to be agencies implementing the welfare and development schemes of the central and State government. Giving more power to local government means that we should be prepared for real decentralisation of power.

While the amendments provided a framework for local governance and encouraged participation, challenges still persist. Local governments often act as the executing arms of state and central welfare policies without having true autonomy to make independent decisions regarding their communities. A real decentralization of power requires meaningful empowerment of local bodies so that they can decide on policies that directly affect their constituencies rather than merely implementing directives from higher authorities.

Imagine a local council in a town like 'Manikpur' wanting to improve public parks. However, they can only implement changes that align with the state government's priorities. If the state government prioritizes highway construction over parks, the local council feels powerless. True empowerment would allow Manikpur to decide based on its own needs, such as allocating budgets for new park facilities that residents desire.

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