Indian Polity Notes

Indian Polity - Municipal Corporations and Municipalities

Municipal Corporations

The largest Municipal Corporation in India is Greater Mumbai.

The current number of Municipal Corporations in Andhra Pradesh is 16.

The number of Municipal Corporations in Telangana state is 13.

The Andhra Pradesh Municipal Corporations Act was enacted in 1994.

The Telangana Municipal Act was enacted in 2019.

Each Municipal Corporation has 4 main components:

Municipal Council
Mayor
Standing Committees
Commissioner

1. Municipal Council

The Municipal Council is the deliberative body of the Municipal Corporation.

Corporators are directly elected by registered voters in the municipal area based on wards.

Their term is 5 years. The number of wards in a Municipal Corporation can range from 50-100.

Seats are reserved for SC, ST, BC, and women.

Reservations are implemented on a rotation basis.

MLAs, MPs, and the Municipal Commissioner of the municipal area are ex-officio members of the council and participate in meetings.

The Mayor presides over the Municipal Council.

2. Mayor, Deputy Mayor

The Mayor is the first citizen of the Municipal Corporation.

The Mayor is the political head of the Municipal Corporation.

The Mayor's term is 5 years.

The Mayor and Deputy Mayor are indirectly elected.

Their elections are held on a party basis.

A no-confidence motion can be introduced against them by a notice to the Collector by a majority of members. If the motion passes with a 2/3 majority, they can be removed from office. However, a no-confidence motion cannot be introduced within 4 years of taking office.

3. Standing Committees

Standing Committees act as advisory bodies to the Municipal Corporation.

They review the annual budget of the Municipal Corporations.

They provide valuable advice for the efficient functioning of the Municipal Corporation.

They have the authority to obtain any information from any officer of the Municipal Corporation.

4. Commissioner

The administrative head of the Municipal Corporation is the Commissioner. They are usually from the IAS cadre or the State Municipal Department cadre.

They are appointed by the state government.

2. Municipalities

A municipality is formed when the urban population exceeds 40,000.

Note: An area with a population exceeding 1 million is recognized as a Metropolitan Area.

Municipal Council

The Municipal Council is the deliberative body of the Municipality.

The Municipal Council usually meets once a month.

The number of wards in a municipality can range from 23-50. In Andhra Pradesh, it can range from 21 to 33 wards. It can be increased up to a maximum of 45.

It includes elected members, ex-officio members, and co-opted members.

The term of office for Municipal Council members and the Chairman is 5 years.

The first citizen of the Municipality is the Municipal Chairman.

The Municipal Chairman is indirectly elected on a party basis.

Which of the following statements is NOT correct regarding the sources of funds/revenue for Municipalities? (1) (Telangana Constables-2019)

Grants-in-aid from the Consolidated Fund of India
Grants-in-aid from the Contingency fund of India.
Taxes collected by municipalities authorized by the State Legislature
Allocations from taxes collected by the state

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There are 128 Municipalities in Telangana and 77 Municipalities in Andhra Pradesh.

Municipal Commissioner:

The Municipal Commissioner acts as the administrative head of the Municipality.

He/She acts as a link between the Municipal Council and the State Government.

He/She prepares the agenda for the meetings in consultation with the Chairman.

He/She attends the council meetings as an ex-officio member.

He/She implements the resolutions of the council after they are approved by the state government.

Preparing the annual budget, maintaining accounts, and getting them audited by auditors are his/her responsibilities.

He/She exercises control over the staff, assets, and operations of the organization.

Municipalities receive funds through taxes, grants-in-aid from the consolidated funds of the state and central governments, and shares in state taxes.

City Panchayat:

Generally, a rural area with a population of more than 20,000 and less than 40,000 that is gradually developing into an urban area is converted into a City Panchayat.

There are 27 City Panchayats in Andhra Pradesh. There are no City Panchayats in Telangana.

3. Notified Area Committees

These are established in areas that are developing rapidly industrially and in areas where conditions are not suitable for establishing municipalities, by a notification by the government. That is why they are called Notified Area Committees.

Their functions are similar to those of municipalities.

All the members are nominated by the government.

Therefore, these are not elected bodies. They are not statutory bodies.

4. Town Area Committees:

These are established in small towns as semi-municipal authorities by an act of the state legislature.

They may be fully elected or nominated or partly nominated and partly elected.

They work to provide civic amenities.

5. Cantonment Board:

Cantonment Boards are established by the Ministry of Defence of the Central Government to provide civic amenities in areas where military bases are located.

The Parliament makes laws related to them.

It consists of partially elected members and nominated members.

The term of office of elected members is 5 years.

The Governor declares an area as a City Panchayat. The administration of the City Panchayat is carried out by the City Panchayat Committee.

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Nominated members remain in office as long as the cantonment functions.

The Military Commanding Officer of the area acts as the ex-officio chairman of the Cantonment Board.

The Executive Officer of the Cantonment Board is appointed by the President.

There are currently 62 Cantonment Boards in the country.

There is a Cantonment Board in Bolarum, Secunderabad in Telangana State.

The year the Cantonment Board Act was enacted was 1924.

The year the Cantonment Board Act (1924) was amended is 2006.

6. Township:

Public sector undertakings establish townships to provide civic amenities to their employees, workers, and residents of the area.

The management of the township, including the Township Management Officer and other staff, is appointed by the respective industry management.

Examples: BHEL Township in Hyderabad, Visakha Steel Township in Visakhapatnam are famous.

7. Port Trust:

Port Trusts are established where there are seaports.

They are established by an Act of Parliament.

They are located in major ports like "Mumbai, Kolkata, Chennai, Visakhapatnam" etc.

Port Trusts are established to protect and manage the ports and to provide civic amenities to the employees working there.

They are established by an Act passed by the Parliament.

It consists of elected and nominated members.

The Chairman of the Port Trust is appointed by the Central Government.

Their functions are similar to those of municipalities.

There are currently 13 Port Trusts in our country.

8. Special Purpose Agencies:

The state government establishes special purpose agencies for various purposes in the cities.

They are established on a functional basis.

They are statutory because they are established by the state legislature.

Their heads are appointed by the state government.

Note: The first municipality established in Andhra Pradesh is Bheemunipatnam or Bheemili (1861).

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13. Centre-State Relations

(CENTRE STATE RELATIONS)

Based on the relationship between the Central and State Governments, governments can be classified as federal and unitary governments.

If there is a division of powers between the Centre and the States, it is a federal system; if all powers are concentrated in one government, it is called a unitary government.

In our country, legislative, executive, and financial powers are divided between the Centre and the States.

Judicial powers are not divided because a unified judicial system has been established.

The 7th Schedule of the Indian Constitution describes the relations between the Centre and the States.

Centre-State relations can be divided into three types:

Legislative Relations - Part 11 - Articles 245-255
Administrative Relations - Part 11 - Articles 256 to 263
Financial Relations - Part 12 - Articles 264 to 300A

Centre-State Legislative Relations:

Article 245 explains the legislative jurisdiction of Parliament and State Legislatures.

According to 245(1), Parliament has the power to make laws for the whole of India or part of the country. A State Legislature can make laws for the whole state or part of the state.

Note: Laws made by State Legislatures apply only to the territories of that state.

Laws made by Parliament do not apply to certain areas. Specifically, the Union Territories of Andaman and Nicobar Islands, Dadra & Nagar Haveli and Daman and Diu, their administration is directly controlled by the President.

Laws of Parliament also do not apply to some Scheduled Areas in the states. The President issues special powers regarding those areas. Similarly, Governors of all states have special powers regarding Autonomous District Councils in their respective states.

Article 246 explains the subjects in the laws made by Parliament and State Legislatures.
- 246(1): Parliament has exclusive power to make laws on subjects in the Union List.
- 246(2): Both Parliament and State Legislatures can make laws on subjects in the Concurrent List.
- 246(3): The State Legislature makes laws on subjects in the State List.
Article 247: Parliament can establish additional courts to effectively implement the laws it has made.
Article 248 : Residuary powers. Subjects not mentioned in any list.
- 248(1): Parliament has the power to make laws on residuary subjects.
- 248(2): Parliament has the power to levy taxes on residuary subjects.
Article 249 : If it is in the national interest, Parliament can legislate on any subject in the State List, provided that the Rajya Sabha approves it with a 2/3 majority.

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Article 250: During an emergency, Parliament has the power to make laws on subjects in the State List. These laws remain in force for 6 months after the emergency ends.
Article 251: If there is a conflict between laws made by Parliament under Articles 249 and 250 and laws made by the State Government, the law made by Parliament prevails.
Article 252: Two or more states can jointly request Parliament to make laws on subjects in the State List.
Article 253: States must compulsorily follow the laws made by Parliament to implement agreements made by the Indian Government in foreign countries.
Article 254: If laws made by the Central and State Legislatures on subjects in the Concurrent List are contradictory, the Central decision prevails.
Article 255: Prior permission of the President or Governors is required to introduce certain bills in the Central and State Legislatures.

Assertion (A): Parliament can make laws on subjects in the State List.
Reason (R): Rajya Sabha is a part of Parliament
(Telangana Constable Mains - 2016)
Correct Answer: (2)

(A) and (R) are both true, and (R) is the correct explanation of (A)
(A) and (R) are both true, but (R) is not the correct explanation of (A)
(A) is true and (R) is false
(A) is false and (R) is true

Center-State Administrative Relations (Articles 256 to 263):

They are mentioned in Part 9 of the Constitution.
These relations are also called Municipal Relations.
Article 256: State Governments should not act against the Central administration.
States should use their executive power in a manner that does not harm the executive power of the Central Government.
While highlighting the importance of this section, Dr. B.R. Ambedkar said that if there was no power for the Center under Article 256, it would be impossible to implement the laws made by Parliament.
Article 257: State Governments must compulsorily follow the directions issued by the Center for the protection and maintenance of national assets.
Article 258: The Center can give its powers to the states in certain situations. The Governor of the concerned state must agree to this.
Article 259: The Center can deploy armed forces in the states to maintain law and order.
Article 260: The Central Government may have legislative, executive, and judicial powers over territories outside India.

Tick the appropriate options (3) (TS LPRBT-2018)

With the consent of the Governor, the President may entrust to the State Government any of the executive powers of the Government of India.
The Governor may unconditionally entrust any of the executive powers of the State Government to the Central Government with its consent.
The Governor may, without the consent of the Central Government, entrust any of the executive powers of the Central Government to the State Government.
The Governor, with the consent of the Central Government, may conditionally entrust any of the executive powers of the State Government.

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Wednesday, February 26, 2025

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