Article 243-R

Article 243-R of the Constitution of India defines the composition and structure of Municipalities, ensuring democratic representation and inclusive participation in urban local governance. Introduced by the 74th Constitutional Amendment Act, 1992, this article lays down the constitutional framework for electing members to Municipalities and for the inclusion of other representatives, such as legislators and experts, in municipal bodies.

Background and Constitutional Context

The 74th Constitutional Amendment Act, 1992, added Part IX-A (Articles 243-P to 243-ZG) to the Constitution, granting constitutional status to urban local bodies and establishing them as the third tier of government in India. Article 243-R specifically provides for the composition of these bodies and outlines the principles of representation, inclusivity, and decentralised governance in urban areas.
Before the 74th Amendment, municipal governance in India operated primarily under state-specific laws, often without uniformity or democratic consistency. Article 243-R ensured that all municipalities, irrespective of their size or state, would follow a democratic electoral system, rooted in direct representation and local accountability.

Direct Election of Members

The core principle of Article 243-R is that all seats in a Municipality shall be filled by direct election from territorial constituencies, commonly referred to as wards. Each ward elects one member to represent its residents in the municipal body.
This direct election system ensures:

• Public participation in local decision-making.
• Accountability of elected representatives to their constituencies.
• Transparency in urban governance.
• Grassroots democracy, where citizens have a direct say in municipal administration.

Each ward’s boundaries and population representation are determined in accordance with state legislation and, where necessary, under the supervision of the State Election Commission as provided under Article 243-ZA.

Powers of the State Legislature

Under Clause (2) of Article 243-R, the State Legislature is vested with the authority to make provisions regarding the composition of Municipalities. This enables states to tailor municipal structures according to their urban contexts while adhering to constitutional principles.
The State Legislature may:

• Provide for representation of persons with special knowledge or professional experience in municipal administration, urban planning, or related fields.
• Include as members:
  • Members of the House of the People (Lok Sabha) representing the municipal area.
  • Members of the Legislative Assembly (Vidhan Sabha) of the State representing constituencies within the municipal area.
  • Members of the Council of States (Rajya Sabha) and the State Legislative Council (Vidhan Parishad) who are registered as electors within the municipal area.
  • Chairpersons of Committees constituted under Article 243-S(5).

However, it is explicitly stated that nominated members—those appointed due to special expertise or legislative status—shall not have the right to vote in municipal meetings. This preserves the primacy of directly elected representatives in decision-making processes, thereby upholding democratic legitimacy.

Election of the Chairperson

The Chairperson of a Municipality, often referred to as the Mayor (in Municipal Corporations) or President/Chairperson (in smaller Municipal Councils), serves as the executive head of the municipal body.
The method of election of the Chairperson is determined by the State Legislature, which may prescribe either:

• Direct election by the people, or
• Indirect election by and from among the elected members of the Municipality.

This flexibility allows states to adopt systems that suit their political and administrative circumstances.

Key Judicial Interpretations and Case Laws

The judiciary has, through various rulings, affirmed the democratic character and structural autonomy of Municipalities under Article 243-R:

• K. K. Verma v. State of Maharashtra (1975): Emphasised the constitutional significance of direct elections to local bodies as a means of ensuring public participation in governance.
• State of Karnataka v. Union of India (1977): Recognised the authority of State Legislatures in determining the composition and functions of Municipalities, provided they adhere to constitutional provisions.
• Municipal Corporation of Delhi v. Gurnam Kaur (1989): Clarified the distinction between elected and nominated members, upholding that decision-making power rests primarily with elected representatives.
• K. S. Puttaswamy v. Union of India (2017): Highlighted the democratic right of citizens to participate in local governance as an aspect of constitutional democracy and the right to vote.

These decisions underscore the principle of representative democracy and the constitutional mandate for elected governance at the municipal level.

Composition of Municipalities: Key Elements

The composition of Municipalities under Article 243-R generally includes:

1. Elected Members:
   • Chosen directly by the people from territorial constituencies (wards).
   • Represent the local population and form the core decision-making body.
2. Nominated Members:
   • Persons with expertise in administration, finance, health, engineering, urban development, or other relevant fields.
   • They provide technical advice and insights but cannot vote in municipal proceedings.
3. Ex-Officio Members:
   • Members of the Parliament and State Legislatures representing constituencies within the municipal area.
   • Their presence facilitates coordination between local and higher levels of government.
4. Chairpersons of Committees:
   • As provided under Article 243-S(5), they may also be part of the municipal body, enhancing administrative cohesion.

This multi-tiered composition ensures that municipal governance combines democratic representation, technical expertise, and inter-governmental coordination.

Related Constitutional Provisions

Article 243-R is closely linked with several other articles in Part IX-A:

• Article 243-Q: Establishes the classification and constitution of Municipalities.
• Article 243-S: Provides for the constitution and composition of Wards Committees and other sub-committees.
• Article 243-ZA: Empowers State Election Commissions to conduct municipal elections.

Together, these articles provide a comprehensive constitutional framework for urban governance in India.

Challenges in Implementation

Despite the constitutional clarity of Article 243-R, certain challenges persist in its implementation across states:

• Imbalance between elected and nominated members, sometimes leading to conflicts in decision-making.
• Lack of uniformity in the method of electing Chairpersons, which can affect leadership stability.
• Delayed elections in some states due to political or administrative reasons.
• Limited powers granted to elected representatives, often overshadowed by state-controlled bureaucracies.
• Inadequate representation of women and marginalised communities in some urban areas despite constitutional provisions.

Addressing these issues requires strengthening the autonomy, capacity, and accountability of Municipalities.

Significance of Article 243-R

Article 243-R plays a vital role in the democratisation of urban governance and has far-reaching implications for the functioning of local self-government in India. Its importance can be summarised as follows:

• Strengthens democratic participation by mandating direct elections to all municipal seats.
• Ensures representation and inclusivity by incorporating experts, legislators, and local stakeholders.
• Promotes accountability through direct citizen oversight of elected representatives.
• Facilitates coordination between local and higher levels of government.
• Empowers local institutions to act as effective agents of urban development and service delivery.