Roadmap for Answer Writing

1. Introduction (50-60 words)

• Briefly introduce the role of ULBs in the Indian governance structure, especially after the 74th Constitutional Amendment Act, 1992.
• Mention the constitutional backing of ULBs under Articles 243O and 243W, emphasizing the shift towards decentralized governance and the empowerment of local bodies.
• Set the context by introducing the measures implemented to strengthen ULBs.

2. Positive Measures Implemented (100-120 words)

This section should focus on the measures taken to empower and strengthen ULBs. Discuss their intended goals and their positive impact on local governance.

a. Constitutional Provisions & Framework

• 74th Amendment Act of 1992: Granted ULBs constitutional status, enhancing their autonomy and accountability in urban governance.
• Provisions of Regular Elections: State Election Commissions are responsible for conducting free and fair elections regularly (Source: Ministry of Urban Development, Government of India).

b. Functional Devolution

• Twelfth Schedule: The Constitution lists 18 functions for devolution to ULBs, including urban planning, water supply, and sanitation.
• Metropolitan Planning Committees (MPC): Designed for city-level coordinated planning, though not yet fully operationalized across all states.

c. Financial Devolution

• State Finance Commissions (SFCs): Mandated to recommend the distribution of funds from the State Consolidated Fund to ULBs.
• Women’s Representation: Significant increase in women’s participation in local governance, positively impacting the delivery of services to marginalized communities (Source: National Institute of Urban Affairs).

3. Challenges in Implementation (150-180 words)

In this section, critically evaluate the limitations and challenges that hinder the full effectiveness of these measures. Provide real-life examples where these measures fall short.

a. Lack of Functional Devolution

• Despite the constitutional provisions, the devolution of functions has been inadequate. In many states, key responsibilities like urban planning, roads, and water supply are still under state control.
• Example: In Karnataka, ULBs have control over only 3 out of the 18 functions listed in the Twelfth Schedule (Source: National Institute of Urban Affairs).

b. Inadequate Financial Devolution

• SFC Delays: In many states, SFCs are not constituted on time, leading to delays in resource allocation.
• Ignored Recommendations: Even when SFCs provide recommendations, they are often ignored or not acted upon by state governments, limiting the fiscal autonomy of ULBs (Source: Centre for Policy Research).
• Example: Despite constitutional mandates, many ULBs lack the financial capacity to meet their basic operational needs, which affects service delivery.

c. Non-operational Metropolitan Planning Committees (MPCs)

• The MPCs, intended to integrate planning across metropolitan areas, are not operational in several states. Example: In March 2023, the Kerala High Court had to intervene to direct the state government to set up an MPC (Source: Kerala High Court Order).

d. Bureaucratic Control and Overlapping Functions

• In cities like Chennai and Hyderabad, executive control lies with the Municipal Commissioner, undermining the role of elected representatives like Mayors, diluting democratic governance.
• Example: In Tamil Nadu and Gujarat, bureaucratic control over local governance leads to a lack of autonomy for ULBs (Source: Urban Governance Report, 2023).

e. Non-formation of Ward Committees

• Ward committees, which were meant to facilitate citizen participation in local governance, have not been set up in most states. This reduces the opportunity for citizens to influence local development planning.

4. Suggestions and Conclusion (50-60 words)

• Emphasize the need for strengthening the implementation of constitutional provisions related to ULBs.
• Suggest that states must prioritize timely financial devolution through SFCs, enhance functional autonomy, and improve the operationalization of MPCs.
• Conclude by stressing that effective decentralization can lead to better urban governance and sustainable development.

Relevant Facts to Support the Answer

1. 74th Amendment Act, 1992: It provided ULBs with constitutional status, emphasizing local governance and citizen participation.
   • Source: Constitution of India, Articles 243O, 243W
2. Functional Devolution (Twelfth Schedule): Outlines 18 functions for ULBs, but in practice, many states retain control over key functions like urban planning and water supply.
   • Source: National Institute of Urban Affairs
3. State Finance Commissions (SFCs): Meant to ensure financial autonomy, but often delayed or ignored by states, limiting the capacity of ULBs.
   • Source: Centre for Policy Research
4. Women’s Representation: Studies show that increased women’s participation in local governance has positively affected the delivery of public goods, particularly to marginalized groups.
   • Source: National Institute of Urban Affairs
5. Metropolitan Planning Committees (MPCs): Intended to integrate metropolitan planning, but many states have not operationalized them.
   • Source: Kerala High Court, 2023
6. Bureaucratic Control: Cities like Chennai and Hyderabad are examples where executive control remains with the Municipal Commissioner, undermining the democratic role of elected Mayors.
   • Source: Urban Governance Report, 2023
7. Ward Committees: Intended to foster citizen participation at the ward level, but most states have not established them.
   • Source: Ministry of Urban Development