Article 243ZE

Article 243ZE of the Indian Constitution establishes the Metropolitan Planning Committee (MPC) as a constitutional body responsible for preparing and coordinating development plans for metropolitan areas. It was introduced by the 74th Constitutional Amendment Act, 1992, as part of Part IXA of the Constitution, which focuses on Municipalities and urban local self-governance. The article aims to promote integrated, participatory, and sustainable urban development in India’s rapidly expanding metropolitan regions.

Background and Constitutional Context

The inclusion of Article 243ZE in the Constitution was a response to the growing complexity of urban governance in India. Prior to the 74th Amendment, metropolitan regions—comprising multiple local bodies and administrative units—faced overlapping jurisdictions, fragmented planning, and lack of coordination. Recognising the need for an institutional mechanism to integrate the development efforts of multiple urban and rural local bodies within a metropolitan area, the amendment mandated the constitution of Metropolitan Planning Committees in all metropolitan regions with populations exceeding ten lakh (one million).
This framework aligns with the broader constitutional goal of decentralisation and democratic planning, ensuring that citizens’ representatives are actively involved in shaping urban development strategies.

Definition and Scope of a Metropolitan Area

According to Article 243P(c), a metropolitan area refers to a region having:

• A population of ten lakh (1 million) or more,
• Comprising one or more districts, and
• Including two or more Municipalities, Panchayats, or contiguous areas.

The Governor of the State specifies such metropolitan areas by public notification, taking into account factors such as population density, economic activities, and the extent of urbanisation. Examples of metropolitan areas include Delhi, Mumbai, Kolkata, Chennai, Hyderabad, and Bengaluru, among others.

Composition of the Metropolitan Planning Committee

Under Article 243ZE(2), the composition of the MPC is determined by the State Legislature, subject to the constitutional framework. The essential features of the composition include:

• Members elected by and from among the elected members of the Municipalities and the Chairpersons of Panchayats in the metropolitan area.
• At least two-thirds of the total members must be elected from these local bodies.
• The remaining members may include representatives of the Government of India, the State Government, and experts or institutions concerned with metropolitan planning and development.
• The Chairperson of the MPC is appointed in accordance with the provisions made by the State Legislature.

This representative structure ensures that both rural and urban interests within a metropolitan region are integrated in the planning process.

Functions and Responsibilities of the MPC

The primary function of the Metropolitan Planning Committee is to prepare a draft development plan for the entire metropolitan area. While formulating the plan, the MPC is constitutionally required to:

• Consider the plans prepared by Municipalities and Panchayats within the metropolitan area.
• Address matters of common interest, including infrastructure development, water supply, sanitation, transport, and environmental conservation.
• Assess the resources—financial, technical, and human—available for development.
• Determine the nature and extent of investments likely to be made by governmental and private agencies.
• Ensure consistency with the overall objectives and priorities of the Government of India and the State Government.
• Include consultations with institutions and organisations specified by the Governor to ensure coordinated development.

The draft plan prepared by the MPC is submitted to the State Government, which may accept, modify, or return it for reconsideration. Although the MPC is primarily an advisory body, its recommendations are meant to guide integrated and equitable urban development across the metropolitan region.

Role of the State Legislature

The State Legislature plays a crucial role in defining the operational framework of the MPC. It has the authority to legislate on:

• The composition and structure of the Committee;
• The manner of election or nomination of its members;
• The functional jurisdiction and procedural aspects of planning;
• The coordination mechanisms between local bodies and the State Government;
• The roles of supporting agencies and the process of plan approval.

This flexibility allows states to design MPCs suited to their administrative and demographic contexts while adhering to constitutional principles.

Related Constitutional Provisions

Article 243ZE is closely connected to other articles within Part IXA, including:

• Article 243P – Provides definitions, including “metropolitan area.”
• Article 243W – Outlines the powers, authority, and responsibilities of Municipalities.
• Article 243ZD – Provides for District Planning Committees, which operate at the district level.

Together, these provisions establish a multi-tiered planning framework encompassing both rural and urban governance.

Judicial Interpretations and Key Case Law

Several judicial pronouncements have reinforced the importance of Article 243ZE and the constitutional mandate for integrated urban planning:

• Delhi Development Authority v. Rajendra Singh (2009) – The Supreme Court acknowledged the MPC’s constitutional role in ensuring coordinated metropolitan planning and observed that its poor implementation undermines effective urban governance.
• J. Jayalalithaa v. Union of India (2014) – The Madras High Court declared that the constitution of the MPC is mandatory, criticising the non-establishment of such a committee in Chennai.
• Almitra H. Patel v. Union of India (2000) – The Supreme Court highlighted the urgent need for comprehensive planning in metropolitan areas and emphasised the MPC’s potential role in addressing issues of infrastructure and environmental management.

These judgments underscore the judicial recognition of MPCs as a key constitutional mechanism for participatory and coordinated metropolitan development.

Significance of Metropolitan Planning Committees

The establishment of MPCs holds far-reaching significance in India’s governance system:

• Promotes integrated planning by bridging the gap between multiple local bodies operating within a metropolitan area.
• Facilitates inter-agency coordination, ensuring that development projects align with regional priorities.
• Strengthens democratic participation in urban planning by involving elected representatives from Municipalities and Panchayats.
• Enhances accountability and transparency in the use of public resources and implementation of development schemes.
• Supports sustainable development, ensuring environmental and spatial balance in urban expansion.

By institutionalising participatory planning at the metropolitan level, Article 243ZE operationalises the concept of urban cooperative federalism.

Challenges in Implementation

Despite its constitutional mandate, the functioning of MPCs across India has been limited and inconsistent. Key challenges include:

• Overlapping jurisdiction with statutory development authorities such as the Delhi Development Authority or Mumbai Metropolitan Region Development Authority.
• Lack of clarity regarding the legal status and binding nature of MPC recommendations.
• Inadequate devolution of powers and resources, reducing MPCs to advisory bodies without operational authority.
• Political and bureaucratic resistance to decentralisation and participatory decision-making.
• Irregular constitution and meetings of MPCs, leading to poor integration between local plans and metropolitan development.

These issues have hindered the full realisation of the constitutional vision of coordinated metropolitan governance.

Examples of Implementation

While all metropolitan regions with populations exceeding ten lakh are constitutionally required to have MPCs, their establishment and effectiveness vary considerably:

• Mumbai and Kolkata have partially functional MPCs, though their influence remains limited compared to development authorities.
• Chennai constituted its MPC following judicial intervention in 2014.
• Delhi and Hyderabad continue to experience challenges in institutional coordination among multiple agencies.

Such variations highlight the need for stronger legislative and administrative measures to empower MPCs uniformly across states.