The “Municipal Corporation (Amendment) Bill 2022” is presently anticipated to be listed in the Parliament. This bill aims to merge the Capital’s three municipal corporations — South, North, and East— that were trifurcated a decade ago. This trifurcation, aimed at enhancing efficiency, has proven problematic over the years.
The Trifurcation of Municipal Corporations: Background
The proposal of trifurcation was initiated by the government in 2011 with the objective of improving efficiency. The Ministry of Home Affairs greenlit the proposal in November 2011, leading to a special assembly session held by the Delhi government which passed the Delhi Municipal Corporation (Amendment) Bill in December 2011. Following this, a final notification for the trifurcation was issued in January 2012. As a result, North, South, and East Delhi municipal bodies were established, with 104 awards granted to the first two, and 64 to the latter.
Issues Arising from Trifurcation
However, this move faced numerous challenges such as non-payment of salaries of safai karamcharis (sweepers), an uneven spread of property tax between the three civic bodies, inefficient management, increasing losses, and more. The root cause of these issues was the unequal division of territorial boundaries and potential to generate revenue. The mismatched resources resulted in financial distress for all three corporations and hindered their ability to provide public services.
Municipal Corporation: Overview
In India, a Municipal Corporation is an urban local government responsible for the development of Metropolitan Cities with populations exceeding one million. It’s also known as Mahanagar Palika, Nagar Palika, Nagar Nigam, City Corporation, among other names. This local governing body was vital, given India’s growing population and urbanisation, to provide essential community services such as healthcare, education, housing, and transportation.
Establishment of Municipal Corporations: A Historical Perspective
India’s first municipal corporation was formed in Madras in 1688, followed by corporations in Bombay and Calcutta in 1726. While in the states, these bodies are established by the acts of the state legislatures, they are created in Union Territories through the acts of the Parliament.
Upon establishment, Municipal Corporations heavily rely on property tax revenue to fund their operations. Each corporation is divided into wards based on population, with each ward electing a representative. These representatives, known as councillors or corporators, make up the wards committee, and are elected for five-year terms on the basis of adult franchise. Reserved seats are available for scheduled castes, scheduled tribes, disadvantaged classes, and women.
Constitutional Provisions for Municipal Corporations
Though initially, no provision was made for the establishment of local self-government in the Constitution of India, the 74th Amendment Act, 1992 marked a significant change. It inserted a new Part IX-A into the Constitution which deals with Municipalities and Nagar Palikas. From Article 243P to 243ZG, this addition also included a new twelfth schedule consisting of 18 items. As per the Directive Principles of State Policy incorporation into Article 40, the creation of Municipal Corporations became crucial for India’s cities.
As it stands now, Municipal Corporation (Amendment) Bill 2022 that aims to reunify the trifurcated Municipal Corporations secures an important position in the Parliament’s agenda. The future of efficient urban local governance depends largely on deliberations surrounding this bill.
