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Welcome to the Course-Introduction to Urban
Planning. In this session today, we are going
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to cover the 73rd and 74th Constitutional
Amendment Act. We have earlier covered Conceptual
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Understanding of Urban Planning Areas and
also looked at the urbanization process and
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discussed on the sustainable development and
based on that we reviewed the need and objective
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of the urban planning.
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Today in this session, we will explore the
key Constitutional provisions, the 73rd and
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74th Amendment, which facilities the process
and strengthens the impact of planning by
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decentralization.
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Accordingly, the coverage will include- review
of planning objectives, determination of needs
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to meet planning objectives, Constitutional
Provisions to address the planning needs the
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73rd and 74th Constitutional Amendment Acts,
emerging role of Town and Country Planning
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Department which emerged through the 73rd
and 74th Constitutional Amendment Act.
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Accordingly, the learning outcomes would include,
after completion of this particular session,
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you should be able to discuss the planning
objectives, you should be able to determine
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needs for meeting planning objectives, you
should be able to list and state various Constitutional
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Provisions to address the planning needs given
in the 73rd and 74th Constitutional Amendment
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Act, such as various institutions, powers,
roles and responsibilities, finance and timeframe.
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You should also be able to review the emerging
role of Town and Country Planning Department
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in the context of the Constitutional Amendment
Act. We saw in the previous class that how
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urbanization is taking place all over the
world and at a considerably faster rate in
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our country. Furthermore, we also saw the
challenges of natural disasters that the cities
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are facing across the globe, we also reviewed
the urbanization pattern in our country.
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Following that we comprehended the purpose
of Urban Planning from the perspective of
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sustainable development.
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We saw that our objectives for planning ranged
from covering aspects of sustainable development,
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nurturing innovations, ensuring economic development,
reducing poverty and attaining human development,
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reducing inequality, making city inclusive
for women, youth, older people, differently
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abled people, poor, vulnerable groups, Indigenous
people, people of diverse culture, colour
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and orientation, ensuring better health, housing,
livelihood, education and safe environment
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for all the people living in cities, making
our cities resilient.
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Further, the objective included, containing
migration, targeting sustainable resource
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management, attaining environmental sustainability,
providing necessary access to services to
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all, including water supplies, sanitation
energy, transportation and communication.
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Likewise, allowing the community to realize
their full potential in economic, social and
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cultural role and so on. So we saw range of
objectives which the planning has to address.
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In order to shape our cities to attain what
we aspire for planning is needed.
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Planning allows us to look at what kind of
planning interventions, we would undertake
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shape our cities, how much money we can invest,
what are the infrastructures that we need
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for the wellbeing and for the development
of our place and the people. In order to do
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so, what do we need?
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What do we need to meet the planning objectives?
In order to do so, we need a responsible team
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with power to undertake the job, to define
roles and responsibilities, involve people,
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they need tools, procedure, methods they need
to have realistic time frame, they need to
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have access to finances, they need to have
sufficient human resource and they need to
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have required information for decision making.
We need institutions with power to execute
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their defined roles and responsibilities to
bring changes on the ground.
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For example, we need power to make people
adhere to the building by laws, we need power
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to acquire land to provide infrastructure,
services and so on. We will need power to
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decide what do we need in our neighborhood
and plan for our future. So let us see what
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are those institutions, how do these institutions
get the power in our country and where and
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what roles and responsibilities are defined
for the purpose for them.
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The highest law is usually referred to as
a Constitution in a country, a Constitution
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is a set of Fundamental Legal Political Rules
that are binding on everyone in the country
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including ordinary law making institutions.
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The Legal Political Rules provide the structure
and the operations of the institutions of
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the government, political principles and the
right of the citizens. The Legal Political
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Rules are based on wide spread public acceptability.
These legal and political rules are harder
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to change than ordinary laws. For example,
in order to change a law two-third majority
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vote or a referendum is needed to bring any
kind of amendments to be done in these rules.
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Further, these Legal Political Rules, as a
minimum should meet the internationally recognized
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criteria. For demographic system in terms
of representation and human rights, it has
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to ensure that all kind of people from all
the inclusiveness we are talking, are involved
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in this process.
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So for us in the Indian context the power
is provided by the Constitution of India.
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So, in order to facilitate better planning
and implementations major change in the structure,
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operation of the government institutions and
the political principles was undertaken through
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the provisions of 73rd and 74th Constitutional
Amendment Act. The 74th Constitutional Amendment
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Act referred to as part IXA of the Constitution,
made provision for decentralization. By doing
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so it ensures democracy in the establishment
and operation of local self-government, meaning
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governance by the local people.
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It conferred the power to the people to plan
for themselves and participate in the decision
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making process. The first provision the Constitution
made was that it created a third tier of governance;
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the institutions, the panchayats, municipalities
and ward committees after Center and the State
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Government.
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The provision allowed the Constitution of
the panchayats at 3 levels in a state as per
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the Article 243B of 73rd Constitutional Amendment
Act. First at the village level, second intermediary
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level; which may not be constituted in a state
having a population or exceeding 20 lakhs
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and at district level.
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The provision likewise allowed Constitution
of municipalities in every state according
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to the urban area in the Article 243Q of 74th
Constitutional Amendment Act. It specified
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Nagar Panchayat for the transitional area,
that is to say, an area in transition from
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rural to urban in character. Second, we see
Municipal Council for a smaller urban area
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and third we see Municipal Corporation for
a larger urban area.
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Further, the Act made provision for ward committees
through the Article 243 S consisting of one
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or more wards within the territorial area
of a municipality having a population of nearly
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3 lakhs or more. You must have interacted
or voted for your ward commissioners in your
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locality.
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Further, we see that part IX and IX A of the
Constitution of India provides complete details
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on the panchayat and municipalities like definitions,
what it constitutes, composition of the institution,
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the panchayat or the municipalities, reservation
of seats; how many women would be, how many
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men would be there and who will come from
which strata, duration of the institutions,
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how these members would be disqualified, powers,
authority and responsibilities of these institutions,
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power to impose taxes by them. How they would
mobilize and funds. Constitution of Finance
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Commission, to review the financial position
of these institutions, audit of the accounts
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of these institutions, elections, the application
to the union, how it will apply to the union
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territories and so on. In this image we can
see part IX details provided for panchayats.
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In this image we can see part IX A details
provided for Municipalities.
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So we see how the act provided the structure
in the form of third level of institution
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like municipalities, panchayats and ward committees
to facilitate planning, decision making and
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execution at different levels within the State,
so that we could really get connected and
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be part of the development of our own neighborhood
and villages.
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We, furthermore, see that Act makes provision
for the committee for district planning. As
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we had seen earlier, which we will see frequently
later in our other lectures follow. Article
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243ZD provided for Constitution of District
Planning Committee (DPC) at this district
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level in every State. The DPC consolidates
the plans prepared by the panchayats and municipalities
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in the district and prepares a draft development
plan for the district as a whole.
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Here, we see how differently planning works
and integrates. We also see that the local
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bodies would prepare plans and the DPC would
provide interaction with the municipal bodies
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and the Panchayati Raj Institutions (PRI),
in addition to the planning and will also
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take on conflict resolution. We also see provision
for committee for Metropolitan Planning.
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Article 243ZE provides for Constitution of
a Metropolitan Planning Committee (MPC), for
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planning a metropolitan area having a population
of 10 lakh or more, comprising one or more
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districts and consisting of 1 or more municipalities
or panchayats. In the 74th Constitutional
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Amendment Act, it was envisaged that the district
and the metropolitan planning committees will
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consolidate plans prepared by the panchayats
and municipalities in the district and metropolitan
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regions.
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It was required to prepare a draft development
plan for the district, metropolitan region
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as a whole and send the draft, district and
metropolitan plans, to the State Government.
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Such procedure allowed integration of plans
at different levels. As per the Constitutional
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mandate, the district and metropolitan development
plans are required to coordinate spatial planning
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sharing all natural and other resources, integrating
provisions of infrastructure and environmental
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conservation.
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So, we see, how the Act provided structure
within the state both in the rural and the
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urban area and in combination to facilitate
planning, decision making and execution at
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different levels and within the states. This
structural change facilitated provision for
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units, which further, facilitates better understanding
for local problems of our cities and villages
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and allows better implementation of the solutions
in the given scale compared to larger entities
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like State or the Central government.
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So we see how these amendments gave us the
institutions to plan and decide for our neighborhood
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and cities.
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Then 73rd Constitutional Amendment Act came
in effect from 24th April, 1993 and 74th Constitutional
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Amendment Act came in effect from 1st June,
1993. These changes created a new landscape
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for Urban Local Government in the country.
Prior to these amendments there where provision
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for local bodies and panchayat, however, was
not distinct as these amendments acts like
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how you have seen. This act made local self-government
in urban areas and also in the rural areas
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or clear cut Constitutional Obligation.
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Now let us look at the time frame provided
for these institutions.
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The Constitutional Amendment Act specifies
the fixed time frame of 5 years for the bodies,
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panchayat and the municipality from the date
of appointment through the Article 243E of
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73rd Constitutional Amendment Act and 243U
of 74th Constitutional Amendment Act, with
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further instructions to complete elections
to constitute a panchayat or municipality
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before the expiration of the duration of the
existing body.
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Now let us see what kind of powers, roles
and responsibilities these institutions have.
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The Act clearly states the power, authority
and responsibilities of panchayats and municipalities
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in the Article 243G of 73rd and 243 W of 74th
Constitutional Amendment Act s subject that
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legislature of the State by law endows that.
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The Act provides the power and the authorities
to the panchayats and municipalities, those
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are necessary for them to function as an institution
of self-government. Further, it also provides
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the power to the State Government to prepare
law that may contain provision for transferring
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of powers and responsibilities upon municipalities,
panchayats, committees with or without conditions,
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with respect to; preparation of plants for
economic development and social justice performance
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of functions and implementation of schemes
as may be given to them.
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The Act provides 11 and 12 Schedule which
list the functions, roles and responsibilities
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of these bodies.
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11th Schedule is for panchayats and there
are 29 items in the 11th schedule. 12th Schedule
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is for the urban local bodies and covers 18
items.
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The 29 items in the 11th Schedule range from
functions related with agriculture, land improvement,
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land reforms, land consolidation and soil
conservation to irrigation, water management,
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animal husbandry, dairy, poultry, fisheries,
range from social and farm forestry minor
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for its produce. We can also see that they
have to handle smalls scale industries, food
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processing industries. They are responsible
for Khadi village and cottage industries;
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we also see that they are responsible for
providing houses.
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In the rural areas they responsible for providing
water, drinking water, they are responsible
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for making provision for fuel and fodder.
We further see that they are also responsible
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for construction of roads, culverts, bridges
and so on. We also see they are responsible
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for electrification in the area, they are
responsible for non-conventional energy sources,
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they are responsible for running the poverty
alleviation programs, they are responsible
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for providing education, majorly the primarily
and secondary school education.
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They are responsible for technical training
and vocational education, they are responsible
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for adult and non-formal education. You can
also see they are responsible for creating
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libraries, they are responsible for undertaking
the cultural activities.
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Responsible for market and fairs, they are
responsible for taking care of the health
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and sanitation facilities. They are also responsible
to propagate or support the family welfare
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schemes, social welfare schemes, welfare for
the weaker section, they are also responsible
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to look into the public distribution system,
the PDS system. The PDS and they are responsible
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for maintenance of the community asset. So
we see through the roles and responsibilities
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of panchayats, how in the rural areas we try
to attain the sustainability goals, goals
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of poverty alleviation, equality, livelihood,
education and health assigned by this Schedule.
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Likewise, in the 12th Schedule we see the
functions and responsibilities assigned to
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the urban local bodies, that include urban
planning including town planning. They are
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responsible for regulation of land use and
construction of buildings, they are responsible
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for planning the economic and social development,
they are responsible for construction of roads
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and bridges, they are responsible for providing
water supply for domestic, industrial and
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commercial purpose. They are supposed to ensure
public health, sanitation conservancy and
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solid-waste management, they are required
make provision for fire services, they are
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supposed to facilitate urban forestry, protection
of the environment and promoting of the educational
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aspects. They are supposed to take care of
the interest of the weaker section of the
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society and also take care of the differently
abled people.
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They are supposed to undertake activities
for improvement and upgradation of slums.
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We further see that they are responsible for
poverty alleviation in the urban areas, we
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also see that they have to provide urban immunities
and facilities such as parks, gardens, play
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grounds. They are supposed to promote cultural,
educational and aesthetic aspects in a city,
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they are supposed to provide facilities for
burials and burial grounds, cremations, cremation
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grounds and electrification of crematoriums.
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We further see that they are responsible for
provisions for cattle pounds and then also
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responsible for prevention of cruelty to animals.
Further, we see that they are responsible
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for maintaining vital statistics including
registration of births and deaths. You must
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have gone to register these things for your
family members. Providing and maintaining
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the public amenities including street lighting,
park lights, bus stops and public conveniences.
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Lastly, we see that they are also responsible
for regulation of slaughter houses and tanneries
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in the cities. So these are the range of responsibilities,
duties assigned to the urban local bodies
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by the Constitution of India, the 12th Schedule.
So we see how the different concerns we discussed
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in the previous session are translated on
grounds through assigning power and roles
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and responsibilities to these institutions.
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We further see that how finances are made
available to these bodies to execute their
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roles and responsibilities on ground. The
Constitutional Amendment Act provides the
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details on the finances of panchayats and
municipalities in the Article 243H of 73rd
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and 243 X of 74th Constitutional Amendment
Act. We see that one of the source of financial
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resource is taxes. We see that it has been
left to the legislature of the State to specify
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the imposition of taxes. We will be the seeing
the finances in detail in the later modules.
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Further, the Act makes provision for the State
Finance Commission in the Article 243I of
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73rd Constitutional Amendment Act. Article
243Y of the 74th Constitutional Amendment
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Act extends duty, power of State Finance Commission
to review the financial position of the municipalities
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apart from Panchayati Raj institutions and
make recommendations to the Governor. We further
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see that these amendments do not apply to
the Scheduled Areas. The Scheduled Areas have
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been identified in the Constitution of India.
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In terms of Articles 243M of 73rd and 243ZC
of 74th Constitutional Amendment Act, these
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provisions shall not apply to the Scheduled
Areas and the Tribal Areas as referred to
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in the Article 244 of the Constitution.
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Now let us move towards the role of Town and
Country Planning Department. We see that,
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the new role of Town and Country Planning
Department emerged because of the provision
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of the 73rd and 74th Constitutional Amendment
Act, that included advice and technical assistance
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to the State Government on matters pertaining
to spatial planning and development as well
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as implementation of state programs.
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Initiation of action pertaining to provision
of legal support in relevant Acts for socio-economics,
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spatial planning and development processes
and on the suggested regional and Urban Development
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Planning System.
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We see the other role include assistance to
the State Urban and Regional Planning Board
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in formulation of State Perspective Plan and
strategy of spatio-economic development of
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the State having regard to proposals contained
in district and metropolitan area development
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plans. Likewise, the role also involve division
of the State into various planning regions.
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Taking into account, the physical, socio-cultural,
economic and climatic considerations and formulation
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of plans of their spatio-economic development
to serve as a guide for resolving inter district
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developmental issues and providing basis for
inter district cooperation and coordination
00:25:17
with the view to prepare district development
plans in a more harmonious manner.
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Further, we see the role includes scrutiny
of the district and metropolitan area development
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plans for approval of the State Government,
taking into account the State Perspective
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Plan, spatio-economic development strategy
and proposals of relevant planning regions
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covering the district of the metropolitan
area.
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We further see the role include ensuring that
respective settlement Development Plans prepared
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by the local authorities are within the framework
of the approved plan of the State or the settlement.
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The role further includes technical assistance
to the local authorities if so requested at
00:26:04
the cost of concerned body.
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Further, the role involves preparation of
the Development Plan in case of default by
00:26:14
the local authority, district planning committee
or the metropolitan planning committee, if
00:26:21
they are directed by the State Government
at the cost of concerned planning body.
00:26:25
Moreover, we see the role includes provision
of necessary research input directly or through
00:26:32
the help of consultants in formulation of
policies, strategies, norms, standards, laws,
00:26:36
regulation and rules pertaining to urban and
regional planning and development matters.
00:26:44
We further see the roles include the provision
of man power training facilities. Further,
00:26:49
we also see it includes establishment of an
Urban and Regional Information System and
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its dissemination of information. So we saw
that information is also an important part
00:27:01
for planning purpose. So this responsibility
lies on this particular agency.
00:27:07
So summarizing what we covered today, we looked
at the planning objectives, reviewed the planning
00:27:16
objectives from a previous session. Then we
discussed urbanization and sustainable development,
00:27:22
then we also looked at what do we really need
to do to meet these planning objectives. Further,
00:27:29
we saw various Constitutional provisions to
address the planning need which are given
00:27:35
in our Constitution of India 73rd and 74th
Constitutional Amendment Act including the
00:27:43
institution.
00:27:45
The details about these institutions, the
powers roles, responsibilities, finances and
00:27:51
the time frame involved in the process. Then
we looked into the emerging role of Town and
00:27:57
Country Planning Department in the context
of these Constitutional Amendment Act. So
00:28:02
you can see what all at the higher level,
what kind of provisions are made for the planning
00:28:10
purpose and in the future lectures we are
going to see different levels where these
00:28:16
interventions have been done.
00:28:18
The references for these sections involve
majorly the Constitution of India and the
00:28:24
URPDFI guidelines and the other sources.
00:28:26
Our coverage was limited with this scope to
make you aware of the topic, there are enormous
00:28:31
reading movies available to explore. Few are
suggested here, this is not extensive list,
00:28:37
you may feel free to suggest more from your
experience.
00:28:40
Please feel free to ask questions, let us
know about your concerns you have, do share
00:28:46
your opinions, experiences and suggestions.
Looking forward to interacting and co-learning
00:28:52
with you while exploring cities and Urban
Planning, thank you so much.
