Political Science Notes Part 16: Municipalities, Union Territories, and SC/ST/OBC Safeguards for UPSC, PSC, SSC CGL

Detailed Notes

Chapter 32: Municipalities — 74th Amendment, Structure, Powers

Introduction

Municipalities, or Urban Local Bodies (ULBs), are governance structures for India’s urban areas, addressing service delivery, urban development, and population growth. The 74th Constitutional Amendment Act, 1992 granted them constitutional status, ensuring decentralized urban governance.

Historical Background

Constitutional Provisions

• Part IX-A (Articles 243P–243ZG): Governs Municipalities.
• Twelfth Schedule: Lists 18 subjects for municipal functions.

Features of the 74th Amendment

1. Types of Municipalities:TypeArea CoveredNagar PanchayatTransitional areas (rural to urban)Municipal CouncilSmaller urban areas (medium towns)Municipal CorporationLarge cities/metropolitan areas
   • Note: States define population limits for each type.
2. Composition:
   • Members: Directly elected.
   • Chairperson: Elected directly or indirectly (per state law).
   • Wards Committee: Formed in municipalities with large populations.
3. Reservation of Seats:
   • SCs/STs: Proportional to population.
   • Women: Minimum 1/3rd seats (some states, e.g., Bihar, 50%).
4. Duration:
   • 5-year term.
   • Re-elections within 6 months if dissolved early.
5. Powers and Responsibilities:
   • States assign functions from Twelfth Schedule, including:
     • Urban planning, land use regulation.
     • Water supply, sanitation, solid waste management.
     • Public health, urban forestry, slum improvement.
6. Finance:
   • Sources:
     • Property tax, entertainment tax.
     • State grants, user charges, municipal bonds.
   • State Finance Commission: Recommends resource distribution every 5 years.
7. State Election Commission:
   • Conducts free and fair municipal elections, independent of Election Commission of India.

Structure

• Nagar Panchayat: For transitional areas, similar to Gram Panchayats but urban-focused.
• Municipal Council: For medium towns (e.g., Dehradun, Dharamshala).
• Municipal Corporation: For large cities (e.g., Delhi, Mumbai, Bengaluru).
  • Mayor: Ceremonial head, elected.
  • Municipal Commissioner: Executive head, appointed (usually IAS officer).

Twelfth Schedule Subjects

• Key areas:
  • Urban planning, building regulation.
  • Water supply, roads, bridges.
  • Sanitation, solid waste management.
  • Urban forestry, fire services, slum upgradation.
  • Poverty alleviation, housing, street lighting.

Importance

• Strengthens urban grassroots democracy.
• Enhances service delivery and governance.
• Promotes citizen participation.
• Bridges gap between government and urban citizens.

Challenges

• Financial Weakness: Dependence on state/central grants.
• Poor Infrastructure: Inadequate roads, drainage, etc.
• Political Interference: Limits autonomy.
• Capacity Gaps: Lack of technical expertise.
• Delayed Elections: Bureaucratic control in some cases.

Recent Developments

• Smart Cities Mission (2015): Urban modernization.
• AMRUT Scheme: Improves basic urban services.
• Swachh Bharat Mission (Urban): Focuses on sanitation.
• Municipal Bonds: Growing for infrastructure financing.

Key Reports

Comparison: Panchayati Raj vs. Municipalities

Conclusion

Municipalities are the backbone of urban governance, addressing India’s urbanization challenges. As the quote states, “If villages are the soul of India, cities are the engines of India’s growth”, strengthening ULBs is key to sustainable, citizen-friendly cities.

Chapter 33: Union Territories and Special Areas — Administration, Powers

Introduction

Union Territories (UTs) are regions directly governed by the Central Government, designed to address strategic, cultural, or administrative needs. They ensure national integration and flexible governance distinct from states.

Constitutional Provisions

• Article 1: India as a Union of States and UTs.
• Articles 239–241: Govern UT administration.
• First Schedule: Lists UTs.

Why Union Territories?

Current Union Territories (2024)

Administration

1. President’s Rule (Article 239):
   • UTs governed by President through an Administrator (e.g., Lieutenant Governor, civil servant, or Governor of a neighboring state).
2. Legislature in UTs:UTLegislature?Chief Minister?DelhiYesYes (e.g., Arvind Kejriwal, 2024)PuducherryYesYesJammu & KashmirPending electionsNo (LG rule)OthersNoNo
3. Special Cases:
   • Delhi (NCT):
     • 69th Amendment (1991): Added Article 239AA, creating Legislative Assembly and Council of Ministers.
     • Restrictions: Central control over police, public order, land.
     • Lieutenant Governor (LG): Acts on CM’s advice but can refer disputes to President.
   • Puducherry:
     • Has Assembly and Chief Minister, with four districts (Puducherry, Karaikal, Mahe, Yanam).
     • Greater autonomy than other UTs.
4. Jammu and Kashmir (Post-2019):
   • Article 370 abrogated, reorganized into:
     • Jammu & Kashmir: UT with legislature.
     • Ladakh: UT without legislature.
5. Article 240:
   • President makes regulations for Andaman, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, Puducherry (until legislature formed), with force of law.

Key Features

• Parliament legislates directly for UTs.
• High Courts: Neighboring state High Courts often have jurisdiction.
• Parliamentary Representation: Delhi (7 Lok Sabha MPs), Puducherry (1 MP).

Recent Developments

• Merger (2020): Dadra and Nagar Haveli + Daman and Diu.
• J&K Reorganization (2019): Created two UTs.
• NCT Amendment Act (2021): Enhanced LG powers in Delhi.

Challenges

• Power Ambiguity: Tensions between LG and CM (e.g., Delhi).
• Centralized Control: Delays decision-making.
• Limited Autonomy: Compared to states.

Conclusion

Union Territories balance central control with regional needs, reflecting India’s federal-unitary structure. As the quote states, “India’s strength lies in unity with diversity — and Union Territories symbolize this flexible unity”, their governance ensures national integration.

Chapter 34: Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) — Constitutional Safeguards

Introduction

The Constitution provides safeguards for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) to promote social justice, equality, and upliftment of marginalized groups, addressing historical and socio-economic disparities.

Why Safeguards?

Definitions

• SCs: Communities facing untouchability, listed under Article 341 by President.
• STs: Indigenous groups in isolated areas, listed under Article 342.
• OBCs: Socially/educationally backward, identified by commissions (e.g., Mandal Commission).

Constitutional Safeguards

1. Fundamental Rights:ArticleProvision15(4)Special provisions for SC/ST/OBC advancement.16(4)Reservation in government jobs.17Abolishes untouchability.23Prohibits forced labor (benefits SCs/STs).46Promotes SC/ST educational/economic interests, protects from injustice.
2. Political Safeguards:
   • Reservation: Seats for SCs/STs in Lok Sabha (Article 330), State Assemblies (Article 332), Panchayats (243D), Municipalities (243T).
   • Commissions: NCSC, NCST, NCBC.
3. Educational/Employment Safeguards:
   • Reservations: In educational institutions for SC/ST/OBCs.
   • Scholarships: E.g., Post-Matric Scholarships.
   • Promotions: SC/ST reservation in promotions (Article 16(4A), 77th Amendment, 1995).
4. Economic Safeguards:
   • Development Programs: Priority loans (Mudra Yojana, Stand-Up India).
   • Skill Development: Targeted programs for marginalized groups.
5. Protective Safeguards:
   • SC/ST (Prevention of Atrocities) Act, 1989: Punishes discrimination/atrocities.
   • Fifth/Sixth Schedules: Protect tribal areas (see Chapter 30).

Commissions

1. National Commission for Scheduled Castes (NCSC):
   • Article 338.
   • Functions: Investigate safeguards, complaints, and advise on development.
2. National Commission for Scheduled Tribes (NCST):
   • Article 338A (created 2003).
   • Focuses on ST welfare.
3. National Commission for Backward Classes (NCBC):
   • Article 338B (102nd Amendment, 2018).
   • Examines OBC lists and welfare.

Mandal Commission

• Set Up: 1979 (B.P. Mandal).
• Objective: Identify backward classes.
• Recommendation: 27% reservation for OBCs in jobs/education.
• Implementation: 1990 by PM V.P. Singh.

Recent Developments

• 103rd Amendment (2019): 10% EWS reservation for General Category.
• Sub-categorization: Demands to prioritize most backward OBCs.
• Reservation Cap: Debates on exceeding 50% limit (Indra Sawhney Case).

Landmark Judgments

Challenges

• Political Misuse: Vote-bank politics.
• Creamy Layer: Benefits skewed to affluent OBCs.
• Socio-economic Focus: Need beyond reservations.
• Backlash: Resistance from non-reserved groups.

Conclusion

Safeguards for SCs, STs, and OBCs ensure social justice and inclusion. As the quote states, “Justice to the marginalized is justice to democracy itself”, continuous reforms are needed to reach the most disadvantaged.