Key constitutional fixes that India’s cities still need

Structure Day (November 26) is a reminder not solely of the exceptional framework created for the governance of the nation in 1950 but additionally of how the doc has advanced to satisfy India’s altering wants. Since its adoption, the Structure has been amended over 100 occasions, although only some have been actually structural — such because the introduction of Elementary Duties below Article 51A, the constitutionalisation of the Proper to Schooling, the anti-defection provisions, and the dual reforms of the 73rd and 74th Amendments that recognised the agricultural and concrete native governments (ULGs) as establishment as of self-governance via Elements IX and IX-A. These additions have been vital steps in the direction of deepening democracy and inclusive growth. But, whereas the 73rd Modification revitalised panchayati raj establishments, the 74th Modification — meant to empower ULGs — has fallen far wanting its transformative promise.

India’s cities proceed to grapple with water shortage, slums, choked roads, rising air pollution and disasters corresponding to flooding. Regardless of contributing to two-thirds of India’s GDP and housing over a 3rd of its inhabitants, its cities proceed to be strained with out actual autonomy, disempowered elected management, weak funds and fragmented service supply. The 74th Modification provided a framework however left crucial particulars to State discretion. That discretion, in observe, translated into dilution. Over 30 years on, most States nonetheless maintain again powers, features and funds from municipal governments. No nation has achieved prosperity with such weak metropolis establishments. Subsequently, a second technology of constitutional reforms is crucial.

The issue of mayors and quick tenures

To start with, mayors and municipal chairpersons have to be assured a steady and significant five-year time period. Article 243R(2)(b) leaves the time period of workplace to the discretion of States, leading to vast variation: from five-year phrases in some States to a single 12 months in Delhi, and two-and-a-half-year phrases in Mumbai and Bengaluru. Brief tenures depart mayors as ceremonial figureheads with no potential to guide, plan, or ship long-term transformation. A full five-year time period with clear govt authority over municipal features would supply the soundness and the accountability that cities desperately want.

Equally pressing is ending the colonial duality of energy between the Mayor and the Municipal Commissioner. In most States, the Commissioner — answerable to the State authorities — wields better authority than the elected Mayor, rendering native self-government meaningless. The Structure have to be amended to make the Mayor and the Mayor-in-Council (changing the Standing Committees) the apex decision-makers in city governance. Commissioners needs to be redesignated as Municipal Secretaries — as in Kerala — and reporting to the Mayor, very similar to Chief Secretaries report back to elected governments at State ranges.

A 3rd reform is the obligatory devolution of all features listed within the twelfth Schedule. Article 243W makes devolution non-obligatory, permitting states to retain management over essential domains corresponding to spatial planning, public well being, transport and slum enchancment. A 2024 Comptroller and Auditor Common (CAG) of India report discovered that solely 22% of the 18 features recognized for ULGs have been successfully devolved throughout 18 States that have been audited. State authorities departments and parastatal our bodies proceed to dominate planning and repair supply, and obtain as excessive as 60% of the city sector funds in some States. All such companies should grow to be accountable to the Mayor-in-Council for actions inside municipal limits, restoring the precept of democratic management.

Conduct elections on time

A fourth reform is making certain well timed municipal elections and full five-year phrases for metropolis councils. Throughout India, native physique elections are routinely delayed because of random or stalled ward delimitation and reservation workouts or State authorities interventions. Articles 243R and 243T needs to be amended to mandate delimitation and reservation updates at mounted intervals — say, each 10 years. Article 243ZA have to be strengthened to provide State Election Commissions (SECs) specific powers over delimitation and reservation, whereas stopping State governments from redrawing the boundaries of municipalities at irregular intervals. Article 243U ought to make sure that councils are constituted inside 15 days of elections, and that State governments should get hold of legislative approval earlier than appointing directors or superseding municipalities, just like the principles governing President’s Rule. Additional, Article 243K have to be fortified to make sure clear SEC appointments, monetary autonomy from state governments, and obligatory annual studies submission to the Governors and in flip to State legislatures.

Fifth, municipalities want enough and predictable monetary assets. At present, practically three-quarters of city infrastructure spending is managed by State and central governments. Whereas a couple of States share revenues corresponding to stamp responsibility with municipalities, ULGs want a constitutionally assured share of main income sources — together with motorcar tax, registration charges, and GST — at supply. State Finance Commissions (SFCs) should even be made efficient by mandating their well timed structure, i.e. two years earlier than the five-year grant interval, tabling of action-taken studies inside six months by updating Articles 243I and 243Y. The CAG has reported common delays of greater than 400 days in forming SFCs, and even poorer compliance with their suggestions.

The sixth reform is strengthening municipal capability. Many ULBs function with out important workers — city planners, engineers, accountants, and concrete designers. Emptiness ranges vary from 13% in Kerala to 64% in Uttarakhand. The Parliamentary Committee on Housing and City Affairs has famous that funds typically stay unused due to ULG capability constraints. Cities have to be empowered to rent in accordance with their wants, together with short-term specialists, and put money into systematic coaching and competency-building.

Contain the group

Seventh, citizen participation have to be institutionalised. Sustainable and equitable city growth is inconceivable with out group involvement from planning to implementation. The present provision for ‘Wards’ Committee below Article 243S needs to be amended to mandate the formation of Ward Committees and Space Sabhas inside 30 days of native elections, and to vest them with clear budgetary and oversight roles. With out such boards that present for common citizen participation, city governance stays distant, opaque, and unresponsive.

Eighth, India should recognise that metropolitan governance calls for a unique institutional structure than smaller cities. India lacks a sturdy governance mannequin for its metropolises that contribute a lion’s share to GDP in addition to home bulk of the city inhabitants. Articles 243Q and 243ZE want complete revision to determine completely different governance fashions for small, medium, and huge cities primarily based on international greatest practices.

Ninth, whereas increased elected representatives corresponding to Members of Legislative Assemblies (MLA) and Members of Parliament (MP) ought to advise and assist native our bodies, municipalities have to be insulated from their undue interference within the day-to-day choice making and operations. Article 243R(2), which allows MPs and MLAs to take a seat on municipal councils, needs to be eliminated. Councillors must also be barred from concurrently holding legislative workplace on the State or nationwide degree to make sure their undivided concentrate on their cities.

Lastly, a tenth main reform is important: the creation/strengthening of Native Self-Governance Departments (LSGDs) in each State and on the Union degree. These departments should focus solely on the governance and institutional strengthening of native governments, distinct from the infrastructure-centric mandate of city growth departments.

Some States have adopted fragments of those reforms, however the process now could be to universalise them throughout practically 5,000 municipalities. If India is to realize excessive development and high quality of life akin to developed nations, its cities have to be empowered absolutely constitutionally.

Santosh Nargund is Director of Coverage Engagement on the Janaagraha Centre for Citizenship and Democracy. Maansi Verma is Supervisor, Coverage Engagement, Janaagraha. The views expressed are private

Revealed – November 26, 2025 03:30 pm IST