DEVELOPMENT LEGISLATION

AR - 1003
NATURE AND SOURCE OF LAW, HISTORY AND EVOLUTION OF
URBAN DEVELOPMENT LAWS

B.ARCH (10TH SEMESTER)

 INDIAN
CONSTITUTION
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 1.What Is Constitution Anyway?
Almost everything we do is governed by some set of rules. There are rules for games (like-
soccer), for social clubs and for adults in the workplace. There are also rules imposed by morality
and custom that play an important role in telling us what we should and should not do.
Some rules that are made by the legislatures (also
known as Lok sabha/Rajya Sabha in India), for there
own country, are called Law.

We need Laws in Society so our society can

regulate and work properly. They are designed to
protect us and our property and to ensure that
everyone in society behaves the way that the
community expects them too.

Laws tell us what to expect as a consequence of

our actions. Laws have been the glue that has kept
society together. Without laws there would be
complete anarchy.

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 1.What Is Constitution Anyway?
I) In General-
The Constitution is the supreme law of the land. All other laws have to conform to the
Constitution. The constitution contains laws concerning the government and its relations
with the people.
A constitution is concerned with 2 main aspects:-
a) The relation between the different levels of government and
b) Between the government and the citizens.

Constitution
...
Government
The People
 1.What Is Constitution Anyway?
Role of Constitution in relationship between Government and its people:-
CONSTITUTION

GOVERNMENT THE PEOPLE

LEGISLATIVE Makes Laws

JUDICIARY Interprets Laws

EXECUTIVE Enforces Laws

Fig.- Role of Constitution in relationship between Government and its people

Technical Definitions-

A constitution is a set of fundamental principles or established precedents according to which a

state or other organization is governed. These rules together make up, i.e. constitute, what the
entity is. When these principles are written down into a single collection or set of legal
documents, those documents may be said to comprise a written constitution.
 2.Why Do We Need Constitution?
In General-
I. We need a constitution to govern a country properly.

II. The constitution defines the nature of political

system of a country.

III. sometimes we feel strongly about an issue that

might go against our larger interests and the
constitution helps us guard against this.

IV. All the 3 organs of government (executive,

legislature and judiciary) functions within the
constitution. All the 3 organs of government,
including ordinary citizens, derive their power and
authority (i.e. Fundamental Right) from the
constitution. If they act against it, it is
unconstitutional and unlawful.

So constitution is required to have authoritative

allocation of power and function, and also to
restrict them within its limit.
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 3.The History of Constitution of India.

Indian Constitutional History

Emperor Ashoka Maurya established constitutional principles, Engraved
1.324 BC - 185 BC
them in major rocks, pillar and on minor rocks for public to take
reference. Also known as Edicts of Ashoka.

2.1599AD-1765AD East India Company takes total administrative control by gaining right of
taxation in Bengal after Battle of Plassey (1757).

East India Company takes total unified control over the whole of India
3.1765AD-1858AD from a single center in Calcutta. But its rule ended with the Revolt of
1857.

This period of the British Raj was the time when the Constitution of
4.1858AD-1947AD
India took shape.

Finally Constitution of India, created in independent India by its own

5.1950AD free people, was adopted on 26 November 1949 and came into effect on
26 January 1950. As we know it and use it today.

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 4.The Framing of Constitution of India.
Borrowed features of constitution of India

1.From U.K. - Nominal Head President, Cabinet System of Ministers, Post of PM, Parliamentary Type of Govt., Bicameral
Parliament, Lower House more powerful, Council of Ministers responsible to Lower House, Provision of Speaker in Lok
Sabha.

2.From U.S.A- Written constitution, Appointment of Vice President, Fundamental Rights, Supreme court,
Head of the state known as president, Provision of states, Judicial review

3.From Australia- Concurrent List, Centre-State relationship, Language of the Preamble

4.From USSR- Fundamental Duties, Five year plan

5.From Germany- Emergency provisions

6.From Japan- Law on which the Supreme Court functions

7.From Canada- Federal System and Residuary powers

8.From South Africa- Procedure of constitutional amendment

9.From Ireland- Concept of Directive Principles of state policy.

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 6.What Is The constitution of India?
(ii) Structure of Constitution of India:- The Constitution, in its current form (March 2011),
consists of 1 preamble, 25 parts containing 450 articles, 12 schedules, 2 appendices and 97 amendments to
date. Although it is federal in nature it also has a strong unitary bias.

Constitution of India
Fundamental Rights

Directive Principles

Fundamental Duties
Preamble 1 Parts 25

Articles 450

Amendments 97 Schedules 12 Appendices 2

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 6.What Is The constitution of India?
(iii) Constitution of India and Government:- The Indian government is divided
Into three distinct but interrelated branches: Legislative, Executive and Judiciary have to
function within their own spheres demarcated under the Constitution. In other words, the
doctrine of Separation of Powers has been implicitly recognized by the Indian Constitution.

Government of India

Legislative Judiciary Executive

The Parliament of India =the President The Supreme Court of India consists of The President of India, Vice President,
of India + the two Houses a Chief Justice and 30 associate justices Cabinet, executive departments and
Lok Sabha (House of the People) and agencies.
Rajya Sabha (Council of States).

An amendment to the Constitution of India is an extremely difficult affair, and normally needs
at least two-thirds(2/3) of the Lok Sabha and Rajya Sabha to pass it.
The Urban Scenario a snapshot
The Urban Scenario a snapshot
The Urban Scenario a snapshot
 Some arguments in favour of decentralization
In a diverse country such a India different ethnic and regional minorities have
some autonomy, some ability to determine their own local affairs with respect
to education, culture, and economic development, they will feel more secure
Devolution of power is adopted as a means of sharing power among lots of
different political parties which gives them opportunities to participate in the
system. If groups with strong bases of support in the country are completely
and indefinitely excluded from any share of political power at any level, they
are likely to question and even challenge the legitimacy of the system.
Decentralization is increasingly being demanded from below, through pressure
from the grassroots, and is embraced for its potential to enhance the depth
and legitimacy of democracy.
The Concept of co-operative federalism
74th Amendment Act
74th Amendment Act
74th Amendment Act
12th Schedule
12th Schedule
 74th Amendment Act
The main characteristic of 74th Constitution Amendment Act, 1992 is that it provides
constitution a recognition to the powers and functions of the urban local bodies for the
first time in the history of India.
The Act introduces a new part in the Constitution namely part IX-A covering Articles from
243P to 243 ZG.
It also introduces schedule 12th in the Constitution, which lists 18 subjects coming under
the jurisdiction of municipalities.
Article 243 P gives definitions of various terms used in the Act. Inter alia, it defines
'metropolitan' area which has a population of 10 lakh or more. It may consist of one or more
districts, municipalities or panchayats.
Article 243 Q provides for the constitution of various types of urban local bodies. A
Municipal Corporation has to be set-up in larger urban area, Municipal Council in a smaller
urban area and Nagar Panchayat in a transitional area which is in transition from rural areas
to urban areas.
A municipality may not be setup in a industrial township, if so designated by the Governor
of the State.
The respective areas of these urban local bodies are to be designated and demarcated by the
state government.
 74th Amendment Act
Article 243 R provides for the composition of municipalities.
All the seats in the municipalities are to be filled by direct election from municipal
constituencies known as wards.
However, the Legislature of the state may provide for the representation of persons having
special knowledge of municipal administration, members of the Lok Sabha and Legislative
Assembly whose area falls under the municipal area and members of the Rajya Sabha and
Legislative Council, if such members are registered as electors in the municipal area. The
Chairpersons of the ward committee may also be given such representation.
Article 243 S provides for the establishment of ward committees in municipalities having a
population of three lakh or more. The State Legislatures have been empowered to make
provision for the composition of ward committee and the manner by which seats in the ward
committee shall be filled up.
Article 243 T of the Constitution provides for the reservation of seats in favour of scheduled
castes and scheduled tribes in proportion to their population in the municipal area. It also
provides for the reservation of one-third seats in favour of women candidates. There is
paralleled reservation in favour of Scheduled Castes and Scheduled Tribes and women to the
tune of one-third seats in the reserve category. Though, the Act does not provide for the
reservation in favour of other Backward Classes, the State Legislature may by law make such
reservation in their favour. It should be further noted that the reservation in favour of SC/ST
 74th Amendment Act
Article 243 U provides for the duration of municipalities. The term of office of a municipality
shall be five years from the date of its first meeting and no longer. If a municipality is dissolved
before the completion of its term of five years, the election to the new municipality shall be
held within six months and its term shall be only for the remaining period. This provision is
made to ensure that the general elections to all the municipalities of a state are held
simultaneously after five years. It is also provided that the general elections to the municipality
shall be held before the expiry of its five year term.

Article 243 V provides for the disqualifications for being a member of municipality. Accordingly,
if a person becomes disqualified to become a member of State Legislature, he shall also be
disqualified to become member of a municipality. However, the minimum age required to
become a member of municipality shall be 21 years.

Power, Authority and Responsibilities-Article 243 W provides that the Legislature of a State by
law may provide the following powers and authority: (1) to the municipalities as to enable them
to function as the institutions of self-government and responsibilities for (a) the preparation of
plans for economic development and social justice and (b) the implementation of schemes
entrusted to them including schemes with respect to the subject listed in the 12th schedule. (2)
to the committees (ward committees) as to enable then to carry out responsibilities conferred
upon them
 74th Amendment Act
Power to Impose Taxes-Article 243 X makes the provision that the State Legislature may be law:
(a) authorise a municipality to levy and collect taxes. (b) assign to municipality such taxes and
duties as levied and collected by the state government. (c) provide for making grants in-aid to
the municipalities from the Consolidated Fund of the State. (d) provide for the establishment of
special funds for the municipalities.

Finance Commission - The State Finance Commission is to be constituted under Article 243-1
which shall make recommendations with respect to both the panchayats and municipalities.
According to Article 243 Y the State Finance Commission, constituted in each state by the
Governor, shall make recommendation to the Governor with respect to the principles which
should govern: (a) the distribution of proceeds of the taxes between the state and
municipalities; (b) the determination of taxes which may be assigned to or appropriated by the
municipalities; and (c) grants-in-aid to the municipalities from the Consolidated Fund of State.
The Finance Commission shall also recommend the measures to improve the financial position
of municipalities and measures in their sound finances. The Commission shall submit its report
to the Governor, who shall lay down the same before the Legislature of the State.

According to Article 243 Z, the Legislature of State may make provisions for the audit of
accounts of municipalities.
 74th Amendment Act

Election Commission- The Constitution makes provision for the establishment of a State
Election Commission in each state to conduct and supervise the elections to Panchayats
and Municipalities (Article 243 K).

According to Article 243 ZA, the State Election Commission shall be empowered for the
Superintendent, direction and control, preparation of electoral roll and conduct of all
elections to the municipality.

It should be noted that the State Election Commissioner can be removed by the Parliament
only in the manner a judge of a High Court is removed.

The Election Commissioner is, however, appointed by the Governor.

This provision is made to ensure the independence of the Office of State Election
Commission.
 74th Amendment Act
District Planning Committee- Article 243 ZD provides for the establishment of a District Planning
Committee in each district to consolidate the plans prepared by the panchayats and
municipalities in the district and to prepare a draft development plan for the entire district.

The State Legislature shall make law with respect to the composition of the committee,
provided not less than four-fifth members of the council shall be elected by the elected
members of Panchayats and municipalities of the district from among themselves.

While preparing the development plan for the district, the committee shall take into
consideration the following factors:
(a) matters of common interest between the panchayats and municipalities;
(b) spatial planning, sharing of water and other resources between the panchayats and
municipalities and the integrated development of infrastructure and environmental
conservation;
(c) the extent and type of available financial and other resources; and
(d) consult such persons while making plans, as the Governor may specify.

The development plan prepared by the District Planning Committee shall be forwarded by the
Chairman to the state government.
 74th Amendment Act
Metropolitan Planning Committee-In each metropolitan area, a metropolitan planning
committee shall be established to prepare a draft development plan for the entire
metropolitan area. (Article 243 ZE).

The State Legislature shall make rules for the composition of the metropolitan
committee, provided not less than two thirds of its members shall be elected by the
elected members of municipalities and Chairpersons of the panchayat of the
metropolitan area, from amongst themselves.

The State Legislature may also provide for the representation of the state or the
Government of India or such other associations as it may deem necessary
 74th Amendment Act
While preparing the plan, the Metropolitan Committee shall take into consideration the
following factors :

(a) the plans prepared by the panchayats and municipalities of that area;
(b) common interests of the panchayats and municipalities, including the coordinated spatial
planning, sharing of natural and physical resources, the integrated development of
infrastructure and environmental conservation;
(c) overall objectives and priorities set by the Government of India and the government of
state;
(d) the extent and nature of investment made by the Government of India or state and
availability of natural resources; and
(e) to consult such institutions as the Governor may specify.