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Subject: Polity
Topic: Nagarpalikas
The 73rd and 74th Constitution Amendment Acts are sister legislations passed by the Parliament in 1992. They contain similar provisions. The 73rd Constitution Amendment Act provided directions for the creation of Panchayats in the rural areas and the 74th Constitution Amendment Act provided for the creation of Municipalities in urban areas. The two legislations laid a broad framework for the setting up of Panchayats and Municipalities by the states. The legislations also stipulated a time limit within which the state governments were to enact conforming legislations to enable setting up of Panchayats and Municipalities, that is by the 1st of July 1994.
Prior to the enactment of these Constitutional amendments, the functioning of the local bodies was at the discretion of the state governments. There was no constitutional obligation to enable them to function well. The super session of the local bodies was common. Entities like District Planning Committee, Metropolitan Planning Committee, Wards Committee, State Election Commission, State Finance Commission being absent, and the Nagarapalikas suffered
The 74th Amendment Act sought to remove these basic weaknesses and lay down a framework with broad guidelines for constitution, composition of Municipalities, elections/removal of Mayor or Chairpersons, qualification/disqualification of membership, setting up of State Election Commission etc.
Municipal bodies are the local self governing bodies consisting of political and administrative wings. The political wing is an elected body of councilors headed by a Mayor/President (Chairperson). The Commissioner from the IAS cadre heads the administrative wing. The Commissioner implements the decisions taken by the elective body.