Article 243-W

Article 243-W of the Constitution of India defines the powers, authority, and responsibilities of Municipalities, marking a crucial step towards achieving democratic decentralisation and self-governance in urban areas. Introduced through the 74th Constitutional Amendment Act, 1992, this article provides the constitutional foundation for empowering Municipalities to function as autonomous local self-governing institutions.

Background and Constitutional Context

Before the 74th Amendment, urban local bodies in India operated largely as administrative extensions of the State Government, lacking autonomy, financial stability, and legal authority. The 74th Constitutional Amendment Act, 1992, which added Part IX-A (Articles 243-P to 243-ZG), sought to change this by constitutionally recognising Municipalities and defining their roles, responsibilities, and functions.
Article 243-W stands at the core of this framework, empowering State Legislatures to devolve specific powers and responsibilities to Municipalities, thereby transforming them into effective instruments of participatory urban governance.

Legislative Powers of the State Legislature

Under Article 243-W, the State Legislature plays a decisive role in determining the scope of municipal powers and responsibilities. It may, by law, endow:

• The Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government; and
• The Committees (such as Wards Committees or other bodies constituted under Article 243-S) with such powers and responsibilities as may be appropriate.

This legislative empowerment ensures that Municipalities can perform functions and exercise authority relating to:

1. Preparation of plans for economic development and social justice.
2. Implementation of schemes related to matters listed in the Twelfth Schedule of the Constitution.

The degree of power devolved to Municipalities may vary from state to state, depending on local needs, population size, and administrative priorities.

Key Features of Article 243-W

• Recognises Municipalities as self-governing institutions, promoting democratic decision-making at the local level.
• Provides for devolution of powers by the State Legislature to enable Municipalities to manage their own affairs.
• Entrusts Municipalities with planning and implementation responsibilities in social, economic, and infrastructural sectors.
• Establishes the Twelfth Schedule, enumerating 18 functional areas under the purview of local bodies.
• Promotes the principle of subsidiarity, ensuring that governance occurs as close to the citizens as possible.

Functions and Responsibilities of Municipalities

Municipalities are entrusted with wide-ranging powers to manage urban governance and public services. Their responsibilities, as indicated in Article 243-W and the Twelfth Schedule, include:

• Urban Planning: Including town planning and regulation of land use.
• Construction and Building Regulation: Approving and monitoring urban development and housing projects.
• Economic Development: Preparing local plans for economic growth, industrial promotion, and entrepreneurship support.
• Social Justice: Implementing welfare schemes for marginalised groups, women, and weaker sections.
• Public Health and Sanitation: Managing water supply, solid waste, drainage, and hygiene.
• Infrastructure Management: Maintenance of roads, bridges, public lighting, and civic amenities.
• Environmental Protection: Undertaking urban forestry and promoting ecological sustainability.
• Fire Services and Safety: Providing firefighting and disaster management services.
• Cultural and Recreational Services: Promoting education, culture, and sports within municipal limits.

These functions enable Municipalities to directly impact urban quality of life and local development outcomes.

The Twelfth Schedule: Areas of Municipal Functions

The Twelfth Schedule to the Constitution (added by the 74th Amendment) specifies 18 functions that may be entrusted to Municipalities. These include:

1. Urban planning including town planning.
2. Regulation of land use and construction of buildings.
3. Planning for economic and social development.
4. Roads and bridges.
5. Water supply for domestic, industrial, and commercial purposes.
6. Public health, sanitation, conservancy, and solid waste management.
7. Fire services.
8. Urban forestry, environmental protection, and ecological aspects.
9. Safeguarding the interests of weaker sections of society.
10. Slum improvement and upgradation.
11. Urban poverty alleviation.
12. Provision of urban amenities and facilities such as parks and playgrounds.
13. Promotion of cultural, educational, and aesthetic aspects.
14. Burials and burial grounds, cremations, and cremation grounds.
15. Cattle pounds and prevention of cruelty to animals.
16. Vital statistics including registration of births and deaths.
17. Public amenities including street lighting, parking lots, and public conveniences.
18. Regulation of slaughterhouses and tanneries.

These functional domains demonstrate the comprehensive scope of municipal governance envisioned under Article 243-W.

Role of Committees under Article 243-W

The State Legislature may also assign powers and responsibilities to Committees, such as:

• Wards Committees under Article 243-S, ensuring localised decision-making within large urban areas.
• District Planning Committees (Article 243-ZD) and Metropolitan Planning Committees (Article 243-ZE), which integrate municipal plans into district or metropolitan development strategies.

These committees act as instruments of multi-level planning and coordination, ensuring synergy between municipal and state-level development objectives.

Judicial Interpretations and Case Laws

The judiciary has played a vital role in clarifying the scope and implications of Article 243-W:

• K. K. Verma v. State of Maharashtra (1975): Highlighted the constitutional objective of empowering local bodies as self-governing entities.
• Municipal Corporation of Delhi v. Gurnam Kaur (1989): Emphasised the duty of municipal bodies to discharge functions entrusted to them in public interest.
• State of Karnataka v. Union of India (1977): Discussed legislative competence in matters of local self-governance, recognising the autonomy of local institutions.
• Bihar v. Bihar Rajya Karmachari Sangh (2006): Reinforced the principle of municipal autonomy in administrative and financial decision-making.

Through these rulings, the courts have upheld the principle that local governance is not merely administrative but democratic and participatory in character.

Significance of Article 243-W

The importance of Article 243-W lies in its transformative impact on India’s system of governance:

• Promotes decentralisation: Transfers power from higher authorities to the local level, fostering participatory governance.
• Strengthens democracy: Enables citizens to engage directly in decision-making processes affecting their communities.
• Encourages self-reliance: Empowers Municipalities to generate resources and manage their own affairs.
• Ensures accountability: Makes local representatives directly answerable to urban residents.
• Fosters urban development: Facilitates planning and implementation of development programmes tailored to local needs.

Challenges in Implementation

Despite its constitutional significance, the full realisation of Article 243-W faces practical challenges:

• Limited devolution of powers: Many states have yet to transfer sufficient authority to Municipalities.
• Inadequate financial autonomy: Dependence on state grants restricts municipal functioning.
• Capacity constraints: Lack of trained personnel and institutional capacity weakens governance.
• Political interference: Excessive control by state governments undermines local autonomy.
• Resource mobilisation issues: Poor fiscal management and narrow tax bases limit revenue generation.

Addressing these challenges requires administrative reforms, fiscal devolution, and capacity building at the municipal level.

Related Constitutional Provisions

Article 243-W operates in harmony with other provisions that together form the backbone of urban governance in India:

• Article 243-P: Provides definitions relevant to Municipalities.
• Article 243-Q: Establishes different categories of Municipalities.
• Article 243-R: Specifies the composition of Municipalities.
• Article 243-ZA: Entrusts the conduct of municipal elections to the State Election Commission.

These provisions collectively institutionalise urban local self-government as a constitutionally guaranteed democratic tier.