Urban Local Self-Government in Rajasthan

Urban Local Self-Government in Rajasthan

Development of Urban Local Bodies (ULBs):

• The establishment of urban local bodies dates back to the colonial era.
  • 1687: The first Municipal Corporation in India was set up in Madras (now Chennai).
  • 1793: Metropolitan Corporations were established in Madras, Calcutta, and Bombay.
• 74th Constitutional Amendment Act (1992):
  • Gave constitutional status to urban local bodies (ULBs).
  • Introduced Part IXA in the Constitution, titled “Municipalities,” with provisions from Article 243P to 243ZG.
  • Added 18 subjects to the 12th Schedule of the Constitution, empowering ULBs to handle urban governance matters.

Types of Urban Local Bodies:

1. Municipal Corporation (Nagar Nigam):
   • Governs cities with populations exceeding 500,000.
   • Headed by a Mayor (indirectly elected).
   • Commissioner is the chief executive officer responsible for implementing decisions and urban administration.
2. Municipal Council (Nagar Parishad):
   • Governs towns with populations between 100,000 and 500,000.
   • Headed by a Chairman, with a Commissioner serving as the administrative head.
3. Municipality (Nagar Palika):
   • Governs towns with populations of up to 100,000.
   • Headed by a President, with an Executive Officer overseeing daily administration.
4. Notified Area Committee:
   • Created through a government notification rather than legislation.
   • Members are nominated, and it operates in areas with significant urban development or industrial growth.
   • No elections are held.
   • In Rajasthan, places like Mount Abu and Pushkar were earlier notified areas but were abolished in 1993.
5. Cantonment Board:
   • Constituted in military areas where both military and civilian populations reside.
   • Formed under the Cantonment Act of 1924, later amended in 2006.
   • Operates under the Ministry of Defence.
   • Members include both elected and nominated individuals, with elections held every 3 years.
6. Port Trust:
   • Governs major port cities to ensure security, order, and civic amenities within port areas.
   • Established by the Parliament for key ports like Mumbai, Kolkata, and Chennai.
7. Single-Purpose Agencies:
   • Established to address specific urban issues, such as urban development authorities.
   • Examples in Rajasthan include Jaipur Development Authority (JDA) and Jodhpur Development Authority (JDA).

Key Features of the 74th Constitutional Amendment:

1. Constitutional Status to ULBs:
   • Part IXA of the Constitution provides a legal framework for the creation and functioning of urban local bodies.
2. Three-tier Urban Governance:
   • Municipal Corporation: Population over 500,000.
   • Municipal Council: Population between 100,000 and 500,000.
   • Municipality: Population below 100,000.
3. Ward Committees:
   • Cities with populations over 300,000 are required to establish Ward Committees to decentralize urban governance.
4. Reservation System:
   • Reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), and women in proportion to their population.
   • Rajasthan reserves 50% of seats for women in urban bodies.
5. State Finance Commission (Article 243Y):
   • Constituted every five years to review the financial health of urban local bodies and recommend revenue-sharing arrangements.
6. State Election Commission (Article 243ZA):
   • Ensures the conduct of free and fair elections for urban local bodies.
7. District and Metropolitan Planning Committees (Articles 243ZD & 243ZE):
   • District and Metropolitan Planning Committees are responsible for creating development plans for the district and metropolitan areas.

Urban Local Bodies in Rajasthan: Overview

1. Municipal Corporations in Rajasthan:
   • Jaipur (2 Corporations): Jaipur Municipal Corporation (Greater) & Jaipur Municipal Corporation (Heritage).
   • Jodhpur (2 Corporations): Jodhpur Municipal Corporation (North) & Jodhpur Municipal Corporation (South).
   • Udaipur Municipal Corporation.
   • Kota (2 Corporations): Kota Municipal Corporation (North) & Kota Municipal Corporation (South).
   • Bharatpur, Ajmer, Bikaner.

Right to Recall:

• Rajasthan provides a provision for ‘Right to Recall’, where a no-confidence motion can be brought against the Chairman/Vice-Chairman of a municipal body if one-third of the elected members support it.

Challenges Faced by Urban Local Bodies in Rajasthan:

1. Limited Financial Resources:
   • ULBs in Rajasthan face funding constraints, heavily relying on government grants rather than generating their own revenue.
2. Urbanization Pressures:
   • Cities like Jaipur and Jodhpur are witnessing rapid urbanization, placing immense pressure on urban infrastructure and public services.
3. Capacity Building:
   • There is a need for enhanced capacity-building initiatives to improve the efficiency of elected representatives and urban administrators.
4. Decentralization and Bureaucratic Control:
   • Although ULBs have been constitutionally empowered, there are concerns about the overreach of the bureaucracy in local governance matters.

Provisions for Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA):

1. Objective of PESA:
   • PESA aims to extend the provisions of the Panchayati Raj system to Scheduled Areas for better self-governance of tribal communities.
   • It seeks to empower tribal Gram Sabhas to manage their affairs in line with their traditional customs and community needs.
2. Key Provisions of PESA:
   • Gram Sabhas are the focal point for decision-making and governance in Scheduled Areas.
   • Empowerment of Gram Sabhas to manage minor forest produce, water resources, and land acquisition in tribal areas.
   • Provides protection to tribal customs, traditions, and resources.
3. Implementation of PESA in Rajasthan:
   • Implemented on 30th September 1999 in Rajasthan.
   • Applicable in eight districts: Banswara, Dungarpur, Pratapgarh, Chittorgarh, Udaipur, Rajsamand, Pali, and Sirohi.

1. Challenges in PESA Implementation:
   • Bureaucratic control over local governance hampers the autonomy of Gram Sabhas.
   • Lack of financial resources and over-reliance on government grants weaken the functioning of PESA institutions.
   • Parallel bodies and the weak structure of Gram Sabhas undermine PESA’s objectives.
2. Remedial Measures:
   • Strengthen financial autonomy of Panchayats by giving them more subjects to govern.
   • Promote capacity-building initiatives for women representatives.
   • Clarify roles between different levels of Panchayati Raj institutions and ensure a clear division of responsibilities.

Conclusion:

The system of local self-governance in Rajasthan, through both urban local bodies and Panchayati Raj Institutions (PRIs), is pivotal for ensuring decentralized administration and citizen engagement. While Rajasthan has made significant strides in empowering local bodies through constitutional amendments and reforms, challenges related to financial constraints, capacity building, and bureaucratic interference remain. The continued focus on strengthening local governance structures, particularly in Scheduled Areas under PESA, and urban regions under the 74th Amendment, will be crucial for fostering inclusive development and ensuring good governance at the grassroots level.