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Mandal Parishad:
MPTC - Mandal Parishat Territorial Constituency
[Mandal Parishad Territorial Constituency]
'Mandal Parishad' is the intermediate system in the Panchayati Raj system!
A Mandal is divided into MPTCs.
Rural areas with a population of 3000-4000 are designated as one MPTC.
Minimum number of MPTC members in a Mandal Parishad - 7
Maximum 23
MPTC members are elected on a party basis.
They are elected on the basis of universal adult suffrage.
To contest as an MPTC member, one must be a voter within that Mandal's jurisdiction.
General candidates must pay a deposit of 1000/-, while SC/ST candidates pay 500/-.
Those who win take an oath of office in the presence of the Election Returning Officer.
MPP Chairpersons, take oath in presence of MDO.
Reservations apply to MPTC seats.
Reservations for MPP & MPTC posts are decided at district level based on population.
Mandal Parishad Chairperson and Vice-Chairperson are elected by MPTC members.
Ex-officio members do not have the right to vote in this election.
Reservations do not apply to the posts of Vice-Chairperson.
The Chairperson presides over the Parishad meetings. In their absence, the Vice-Chairperson presides.
Meetings must be held at least once every 30 days.
The quorum for meetings is 1/3 of the members.
A special meeting can be called with the consent of the quorum members.
If the Chair & Vice-Chairperson refuse to convene special meetings, the District Panchayat Raj Officer can order them,
Decisions in these meetings are legally.
The Mandal Parishad can co-opt one minority member.
District Collector may by permanent invitees.

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MLA and Lok Sabha members can attend as ex-officio members.
Rajya Sabha members & MLCs who are registered voters can also attend as Ex-officio members.
Only MPTCs participate in the election of the Chair & Vice-Chairperson.
Others do not have voting rights.
When a specific issue is discussed, the MPP can invite experts in that field to attend the meetings.
The election of the Chair & Vice-Chairperson is conducted through an open voting system, i.e., by raising hands.
If there is a tie in the election, the winner is decided by lottery.
MPP monthly honorarium: 1500/-
MPTC honorarium: 1000/-
TA, DA are additional during meetings & other duties.
MPP is a permanent invitee to Zilla Parishad meetings.
The MPP presides over the Mandal Education Committee.
The MPP can take action against members who violate rules during Parishad meetings. [Can suspend for 4 months].
A no-confidence motion can be introduced against the Chair & Vice-Chairperson.
This motion can be introduced only once during their tenure.
'Whip' applies in the Parishad.
Because they are elected on a party ticket, those who win on behalf of one party can be disqualified by the District Panchayat Raj Officer if they act against the whip issued by that party.
To introduce a no-confidence motion, a notice must be submitted to the RDO with the signatures of at least 1/2 of the members.
The RDO will convene a special meeting within a month.
More than half of the total members must attend the meeting.
The Chair & Vice-Chairperson can be removed by a simple majority.
The motion fails if three consecutive meetings are adjourned due to lack of quorum.

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Mandal Parishad have no tax-imposing power
It utilizes funds allocated by the Zilla Parishad and State Governments.
It works to coordinate between villages as a unit in development.
Zilla Parishad:
There are a total of 537 Zilla Parishads in India.
Number of Zilla Parishads in AP - 22
The highest level in the PR system - ZP.
ZP is formed by ZPTC members elected from territorial constituencies within the district.
Each Mandal Parishad is considered a Zilla Parishad territorial constituency (ZPTC).
ZPTC elections are held on a party basis.
Some ZPTC seats are reserved for SC, ST, BC & women.
ZPTC reservations are decided by taking the district as one unit.
Reservations for SC, ST are made based on their population in the district.
1/3 of the total seats are reserved for women; 34% for BCs.
General candidates contesting for ZPTC must pay a deposit of 2000/-; SC, ST candidates pay 1000/-.
The ZPTC members elect the ZP Chairperson & Vice-Chairperson.
Ex-officio members do not have the right to vote in this election.
Reservations apply to the post of ZP Chairperson.
The state is taken as one unit to decide reservations for Chairperson posts.
Reservations do not apply to Vice-Chairperson posts.
ZP Chairperson's monthly honorarium: 5000/-.
ZPTC members' monthly honorarium: 2250/-.
The ZP Chairperson presides over ZP.

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In their absence, the Vice-Chairperson presides.
The elections for Chair & Vice-Chairperson are conducted through an open voting system, i.e., by raising hands.
If there is a tie, the winner is decided by lottery.
The ZP can co-opt two minority members.
The District Collector, MLAs, Lok Sabha members, and Rajya Sabha/Legislative Council members who are voters can attend the meetings as ex-officio members. But they do not have voting rights.
A no-confidence motion can be introduced against the Chair & Vice-Chairperson.
This motion can only be introduced once during their tenure.
A notice must be submitted to the Collector & CEO with the signatures of 2/3 of the members.
A copy of the notice should also be sent to the State PR Department Commissioner.
More than half of the members must attend, and they can be removed by a simple majority.
The Central and State Governments disburse funds to the districts, which are then allocated.
The ZP must coordinate all PR institutions in the district.
Standing Committees:--
Each ZP has 7 standing committees.
The number of members in the standing committees depends on the number of ZPTC members in that district.
Committees work on construction, general development, welfare, finance, women and weaker sections, and development works.
Standing committees must meet at least once a month.
The quorum for standing committee meetings is 1/3.
Standing committees are advisory bodies only.

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The Mandal Parishad has no power to levy taxes.
The Zilla Parishad and the state government allocate funds.
It coordinates between villages as a unit for development.
District Planning Board [243-ZD: Option]:-
It doesn't have Constitutional Status.
Total ZPB members - 30.
ZP.B Secretary- District Collector
4 members are appointed by state.
24 members are elected.
Member Secretary - Municipal Comissioner.
18 members.

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State Government on behalf of District Incharge.
District level problems.
Four level - West Bengal
"Kshetra Panchayat" - Uttar Pradesh.
"Janapada Parishad" Madhya Pradesh.
"Anchalika Parishad" West Bengal.
Gujarat and Rajasthan.
Maharashtra and Tamil Nadu.

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Urban and Municipal Corporations
[74th Constitutional Amendment]
Urban & Municipal Corporations are referred to as Municipal Institutions.
The word 'Municipal' is derived from the Roman word "Municipium/Municipium".
'Municipium' means organized.
There is historical evidence that urban & municipal corporations existed in India since ancient times.
The Indus Valley Civilization is described as an urban & city civilization.
The local authority who ruled Pataliputra was called 'Nagrik', and the council of 30 members who assisted him is mentioned in "Indica" as the Municipal Council.
In the Middle Ages, the 'Kotwal' played a key role in maintaining law and order in towns & cities.
The British established Madras as the first municipal corporation in 1687.
In 1786, full-fledged municipal councils were established in Mumbai, Kolkata, and Madras.
Lord Mayo & Ripon's resolutions mention urban & municipal corporations.
After independence, there was no focus on the development of these institutions.
In 1985, for the first time during Rajiv Gandhi's tenure, the Central Urban Development Department was established.
L.M. Singhvi Committee's recommendation: To give constitutional status to urban & municipal corporations, the 65th Constitutional Amendment Bill was introduced in Parliament by the Rajiv Gandhi government.
The 65th Amendment Bill was dissolved when the Lok Sabha was dissolved while it was being discussed.
In 1998, during P.V. Narasimha Rao's tenure, the 74th Constitutional Amendment Bill was passed, giving constitutional status to urban & municipal corporations.
(83)

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The 74th Amendment added Part 9(A) to the Constitution.
Articles 243(P) to 243(Z-G) added 18 items.
The 74th Amendment added the 12th Schedule and transferred '18' subjects to local bodies.
Types of Urban and City Governance Bodies in our Country

1.  Metropolitan Cities
    These were created to manage areas with populations over 1 million.
    Currently, there are 35 Metropolitan Cities in India.

2.  City Corporations
    These were set up for the governance of cities with populations over 300,000.
    There are currently 114 city corporations in the country.

3.  Municipal Councils / Municipal Councils
    These are for towns having population around 25,000
    Currently there are 2500 municipal councils in India

4.  Nagar Panchayats:

    When villages transition to urban area.
    At least 5000+ population
    400+ population per sq.km.
    75% of the workforce should be engaged in non-agricultural professions.
    The State can establish Nagar Panchayat legally

Other Organizations
1) Cantonment Board - for the purpose of local governance for civilian population in cantonment area
    - These are established by Cantonments Act, 1924
    - Currently, there are 63 Cantonment Boards
    - Their tenure is 5 years.

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-   These areas are under the control of the Central Defence Department.
-   Port Trusts - Established in areas where shipbuilding centers and naval bases are located.
    *   Currently, there are 11 port trusts in the country.
    *   Port trusts are controlled by the Central Defence Department.

V) Notified Area
    - Established in areas that have heavy industries.
    - Their formation is based on laws made by the state governments.
    Ex: BHEL TOWNSHIP.

Special categories, special interests, designated by states.

74th Constitutional Amendment

243-P: Definitions   243-V: Qualifications, Disqualifications    243-ZB: Application to Union Territories
Q: Establishment        W: Powers                              XC: Exemptions
R: Structure             X: Revenue Sources                        ZD: Zilla Planning Board
S: Ward Division         Y: State F.C                             ZE: Metropolitan Planning Board
T: Reservations          Z: Audit of Accounts                       ZF: Application of old laws
U: Tenure                243-ZA: Election Commission               ZG: Tribunals
-243-P: Definitions

    - The Governor notifies through a notification the definition of the Municipal body.
    - Notifies about Municipal Council, City Corporations, wards, divisions, population etc.
    -State Government (Legislative Assembly) makes rules and modifies them according to notification of Governor
-243-Q: Establishment
    - Classifies Urban, Municipal Corporations into 4 types.
    - Metropolitan Cities: Cities with over 1 million people are designated as Metropolitan Municipal Corporations.
    - City Corporations: Cities with over 300,000 people are established as City Corporations.
    - Municipal Councils: Towns with populations over 25,000 are designated as Municipal Councils

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    Nagar Panchayat: A place that is quickly developing into urban from a rural place.
243-R: Structure
    -   Members are elected directly in above 4 types of organisations
    -   The heads of Metropolitan Mayors, City Corporation Mayors, Municipal Chairpersons i.e. are elected indirectly by elected members.
    -   Nagar Panchayat head is elected directly
    -   Whether Nagar Panchayat elections are Direct or Indirect. It is according to State.
-243-S: Wards
    -   Urban and City Governance bodies are setup into wards/divisions.
    -   Metropolitan Cities, These bodies have 100 to 200 divisions. Elected members are called 'corporators'
    -   Brihan Mumbai is largest with maximum divisions
    -   State Government can modify.
    -   City Corporations: These corporations have 50 to 100. These are also called 'corporators'.
    -   Municipalities: These bodies have 23 to 50. These are called as 'councilors'.
    -   Nagar Panchayats: The number of Ward Members of a Nagar Panchayat is as per Population. State decides.
    + '6' Metropolitan cities were set up according to growing population and development. Even though these are controlled by State, the Central Urban ministry will oversee.

-243-T: Reservations

    - Seats are reserved according to population to SC, STs
    - Among reserved to SC, STs, 1/3 seats are reserved to women.
    - 1/3 of total seats are to be reserved for women.
    - State government has authority to reserve to other backward.
    - In AP, 34% seats are reserved for BCs.

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*    In Municipal Corporations and Corporations two people can be co-opted, whereas in metro cities 3 members can be co-opted.
*    243-U Term: 5 years is tenure of urban and local bodies
    - State Government can dissolve before term ends
    - If there is vacancy to any post, the tenure of by-elected member will be for remaining period.
    - Full tenure will be for the member if elections happen delayed for whole body.
    - There is no by-election if remaining tenure is less than 6 months
*    243-V Qualification/Disqualification: All qualifications and disqualifications for MLA and MP posts applies to these posts also. Minimum age limit is 21 years.
*    Must be registered voter with in organization limit.
*    Having more than two children after 1995 is disqualification for local body elections.
*    243-W Powers:
    -  18 Subjects from schedule 12 were delegated to corporations. Among these, 11 are mandatory and 7 are optional.
    -  Water, Drainage, Roads, Streetlights, Parks, Auditoriums, Bridges and Environmental safety are included.
*    States have discretion to implement.
*    243-X Income:
        Local bodies get their income from these sources
        - Central grants
        - State Grants
        - Revenue from rents and sales
        - Donations
        - Taxes
            Taxes:
            Water Tax,
            House Tax
            Advertisements, Markets.

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243Y State Finance Commission
    - Provisions of Article 243(I) included in 73rd constitution amendment applies to 243(Y).
*    State has responsibility to make available funds for local body.
*    This commission advices and makes suggestions on funds to be provided by central government and additional funds.
*    243-Z Audit:
        - Currently 3 types of audits happen
        - Local fund audit
        - Departmental Audit
        - Depot Audit
*    Even though there was thought of bringing it into CAG ambit, due to logistics it is not implemented.
243-ZA State Election Commission.
-   State Election Commission setup by Governor in state level, conducts elections to local bodies.
-   State Election Commissioner, even though appointed by Governor, he can be removed only by President in a way High Court judge is removed.
-243-ZB Application to Union Territories
        -  Center has control over local bodies in Union Territories.
        -  Delhi and Puducherry can make specific rules. But they should be according to guiding rules by Center.
    -   Home Ministry controls the local bodies of Union Territories.

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- 243-ZC: Exemptions

    - Exemptions exist for establishment of local self-government in areas where Tribal Development Councils are established in our country. 69
- 243-ZD: ZPB, integrates plans for Rural, Urban areas in District.
-243-ZE: Metropolitan Planning Board
- Metropolitan cities should not only concentrate on development but also they have to see general growth.
- These boards are to plan for total growth of Metropolitan cities.
- Total members: 24
- City Mayor is chairman.
- Municipal Commissioner is Member Secretary.
- 4 members are nominated by Government.
- 18 are elected by Corporators and other representatives in jurisdiction of City. (Including merged towns and villages)
- Board submits its report to government. A copy is also sent to Urban.
-243-ZF: Old Laws.
    - Existing laws can be continued for one year since this law came into effect.
    - State Governments can modify local bodies laws without disturbing 74th amendment.
-243-ZG: Tribunals

    - Tribunals are setup to solve disputes on elections to local bodies.

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        - State Government can setup special tribunals or can delegate this responsibility to lower courts.

-   In A.P, District Sessions courts are acting as Tribunals for dealing with election disputes in municipalities and corporations.

*   These tribunals have no jurisdiction to look into ward divisions, reservations.

    AP Municipal Corporations:
    -Hyderabad Corporation was established in 1950 and started from 1951
    -Hyderabad and Secunderabad were merged into corporation in 1955.
    -In 1971, they were split and again merged in 1986.
    *AP Municipal act was created in 1965.
    -TDP made changes in 1965.
    -Again in 1994, municipal act was amended after 74th amendment.
    -In 2005, AP Municipal act, Direct elections for chairmen, mayors was introduced.
    -Currently in state Municipal Corporations count is - 15
    Hyderabad Anantapur Warangal Eluru
    Vijayawada Kadapa Karimnagar Rajahmundry
    Visakhapatnam Kurnool Nellore Kakinada
    Tirupati Nizamabad Guntur

-   Currently in state, number of municipalities - 119

-   There are proposals for setting up another 38 municipalities.
-   Municipal and Corporation elections are held on party basis.
-   General candidate to contest as counselor, deposit is 500, SC, ST - 250/-
-
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    General candidate to contest as corporator, deposit is 2000, SC, ST 1000
    Monthly salary of Mayor is 14,000
    Dy. Mayor salary 8,000
    Corporators get 3,000 as sitting fees.
    Quorum is 1/2
    Municipal Chairman salary is 8,000
    Vice Chairman salary is 3,000
    Councilors will get 1850 as sitting fee.
    Quorum is 1/3
    Municipal and corporation elections are on party basis.
    Whip can be issued
    No confidence motion can be moved against Chairman, Vice-Chairman, Mayor, Dy. Mayor.
    It can be moved after 4 years of taking position.
    Recently it is notified.
    2/3 majority is required.
    Reservations apply to Mayor and Chairman.
    It is done taking state as one unit.
    No reservations to Dy. Mayor and Vice-Chairman.

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Types of Municipalities
(A) Selection Grade Municipalities -
- Municipalities with income over 80 lakhs.
(B) Special Grade Municipalities
- Municipalities with income between 50 to 80 lakhs
(C) First Grade Municipalities
- Municipalities with income between 30 to 50 lakhs
(D) Second Grade Municipalities
- Municipalities with income between 15 to 30 lakhs
(E) Third Grade Municipalities
-Municipalities with income less than 15 lakhs

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Fourth Chapter
India - Welfare Mechanism

Ancient kingdoms are called as protectorates.
Since they only had police duties like Law and order, Country protection, they are called as 'Police states'.
Modern states are called welfare states.
Modern states that provide many services are called Service States- Roscoe Pound.
Welfare state concept originated in Europe.
Jeremy Bentham's Utilitarianism strengthened Welfare State concept.
Primary aim of Welfare state, "Maximum good to maximum people"
"Sarve Jana Sukhino Bhavanthu" ancient Indian saying, this concept influenced constitution makers.
There are two primary reasons to include welfare state in constitution.
* To remove discrimination.
* To provide special opportunities to suppressed.
> Many parts of constitution include provisions related to welfare.
1. Preamble:
Tells about the goals, aims of constitution.
Providing Justice in Social, Economic and Political
Equality to all in Status and opportunity.
Brotherhood in Indian Citizens by ensuring integrity.

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These are guidelines to future.
"The welfare mechanism is included in the preamble itself" - J.B. Kriplani

2.  Schedules:
    *   - 5th, 6th schedules tell about special provisions for STs, tribals.

3.  Fundamental Rights:

    -   15(3): Special provisions for Women, Children are not discrimination.

    -  15(4): Reservations to SC, STs in education is constitutionally valid.

    -   15(5): Reservations to OBCs in Private and Higher education.
        *Added in 2006 by 93rd amendment.
        -16(4) Reservations to backward in jobs are not against to equal opportunity.
        -16(4A) Reservations in promotions.
        *82nd amendment - allowed fixing qualifying marks and providing relaxations.
        *85th - Reservations in promotions were validated.
        *SC validated reservations in promotions in 2002
        -17 - Abolition of Untouchability, 1955 Untouchability Prevention Act, 1976 - Civil rights act.

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    - 23, 24 - To prevent Exploitation, bonded labor were abolished.
        - Child labor act - 1986
        -25(3) - Government can make laws to allow entry of lower classes into Temples and Public places.
        -29, 30 - Minorities with different languages, cultures can protect their language, script and culture.
4. Directive Principles.
-38 - To establish system to provide social, economic, political justice
    * To take steps to minimize inequalities between people.
-39 - To prevent concentration of wealth, distribute natural resources equally.
-Equal pay for equal work to both genders.
-39(A) - Free legal aid.
-41 - To provide livelihood.
-42 - Maternity and child welfare.
-43 - Minimum wages act.
-To make Common Civil Code.
-46 - Government should give special provisions to socially, educationally backward.

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    * Madras Government, In Champakam Dorairajan case, reservations act was struck down by SC.
    + Added 15(4), 16(4) giving reservations constitutional validity.
    * In 1963, M.R. Balaji Vs Karnataka, it was said that reservations should not exceed 50%.
    *In 1964, in Devadasan Vs Union of India, SC said reservations should not exceed 50%.
    * In 1993, in Indira Sawhney Vs Union of India, SC upheld reservations to BCs, but said that they should not exceed 50%.
    + Tamil Nadu reservations percentage was increased to 69 by adding it to 9th schedule by 76th amendment.
    * In Ashok Kumar Vs Union of India, SC said, it will do judicial review of 9th schedule also.
5. Special opportunities to special groups
    - Articles 330-342 in 16th part.
        - 330 - SC, ST reservation in Loksabha.
        - 332 - SC, ST reservation in Assemblies.
        - 334 - These reservations end after 60 years.
        - Every 10 years, it is being extended.