Twelfth Schedule: Powers, Authority and Responsibilities of Municipalities
Indian Polity › Schedules of the Constitution · Topic 28.12
The Twelfth Schedule, added by the 74th Amendment Act, 1992, lists 18 functional matters for municipalities under Article 243W, with devolution left to state legislatures.
5 min read · UPSC Prelims · Polity · Schedules of the Constitution
At a Glance
- What it is List of 18 functional items for municipalities
- Article Article 243W
- Added by 74th Amendment Act, 1992
- Items 18
- Exam link UPSC Prelims, Polity: Schedules of the Constitution
Where Does It Fit?
This is the last topic of the category on the Schedules of the Constitution. The Twelfth Schedule specifies the powers, authority and responsibilities of municipalities and contains 18 matters. It was added by the 74th Amendment Act of 1992 and is linked to Article 243W.
The 18 Items
| No. | Function |
|---|---|
| 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, protection of the environment and promotion of ecological aspects |
| 9 | Safeguarding the interests of weaker sections, including the handicapped and mentally retarded |
| 10 | Slum improvement and upgradation |
| 11 | Urban poverty alleviation |
| 12 | Provision of urban amenities and facilities such as parks, gardens and playgrounds |
| 13 | Promotion of cultural, educational and aesthetic aspects |
| 14 | Burials and burial grounds, cremations and cremation grounds and electric crematoriums |
| 15 | Cattle ponds; prevention of cruelty to animals |
| 16 | Vital statistics including registration of births and deaths |
| 17 | Public amenities including street lighting, parking lots, bus stops and public conveniences |
| 18 | Regulation of slaughter houses and tanneries |
Constitutional Basis
Article 243W provides that the legislature of a state may, by law, endow municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government in relation to the matters listed in the Twelfth Schedule, and may endow committees of municipalities with powers for the preparation of plans for economic development and social justice and the implementation of schemes relating to those matters. The 74th Amendment Act added Part IX-A (Articles 243P to 243ZG) and this Schedule, and came into force on 1 June 1993. Existing state laws on municipalities were to continue for one year from the commencement, within which states had to adopt the new system based on the Act. All municipalities existing before it were to continue to the end of their term unless dissolved by the state legislature sooner.
Municipalities and Planning
Besides the functional list, the Act provides for the Metropolitan Planning Committee for metropolitan areas and a District Planning Committee at the district level, which consolidate the plans of panchayats and municipalities. The chairperson of a Metropolitan Planning Committee forwards the development plan to the state government. The Act also bars courts from interfering in electoral matters of municipalities: the validity of any law relating to delimitation of constituencies or allotment of seats cannot be questioned in any court, and no municipal election can be questioned except by an election petition presented before the authority and in the manner provided by the state legislature.
Types of Urban Local Bodies
Eight types of urban local bodies administer urban areas in India: the Municipal Corporation, the Municipality, the Notified Area Committee, the Town Area Committee, the Cantonment Board, the Township, the Port Trust and the Special Purpose Agency. The Twelfth Schedule functions are the ones the 74th Amendment expects the constitutionally recognised municipalities to perform, namely municipal corporations for large cities, municipal councils for smaller urban areas and Nagar Panchayats for areas in transition from rural to urban. Cantonment boards and similar bodies are outside the constitutional municipalities.
Eleventh and Twelfth Schedules Compared
| Point | Eleventh Schedule | Twelfth Schedule |
|---|---|---|
| Body | Panchayats | Municipalities |
| Items | 29 | 18 |
| Article | 243G | 243W |
| Amendment | 73rd, 1992 | 74th, 1992 |
| Part of the Constitution | Part IX | Part IX-A |
| Devolution | At the discretion of the state legislature | At the discretion of the state legislature |
The National Commission to Review the Working of the Constitution recommended that the two Schedules be restructured to create a separate fiscal domain for panchayats and municipalities, that the concept of a distinct and separate tax domain for municipalities be recognised, and that when a municipality is superseded a report stating the grounds be placed before the state legislature.
Why Is This Topic Important?
- Count and examples Eighteen items are asked
- Article 243W Link to municipalities
- Comparison Eleventh versus Twelfth
What Came Next?
This completes the Indian Polity series on MaargX Maarg Manthan.
Key People and Terms
- Article 243W Powers of municipalities
- 74th Amendment Added Part IX-A
- Conservancy Sanitation services
- Vital statistics Registration of births and deaths
- Metropolitan Planning Committee Plans for metropolitan areas
Exam Corner
Points to Remember
- 18 items; 74th Amendment.
- Article 243W; Part IX-A.
- Came into force 1 June 1993.
- Includes fire services and slaughter houses.
- Panchayats have 29 items.
Do Not Confuse With
- Twelfth and Eleventh Schedules 18 versus 29
- Part IX and Part IX-A Panchayats versus municipalities
- Item 17 and item 4 Public amenities versus roads
Memory Hook
Eighteen urban functions, from town planning to slaughter houses, under Article 243W.
Mains Angle
Questions on this topic usually ask about urban local government. Use these points to add depth.
- Devolution Functions versus funds
- Planning Metropolitan committees
- Urban services Water, sanitation and amenities
- State control Discretion of legislature
A Question You May Face
An original practice question, not a past paper question.
“Critically examine the powers and functions given to municipalities under the Twelfth Schedule.”
How to Answer
- Introduction 74th Amendment.
- Functions Eighteen items.
- Challenges State control.
- Conclusion Reform.
GS Relevance
Frequently Asked Questions
What is the Twelfth Schedule?
The Twelfth Schedule lists 18 functional items for municipalities, such as urban planning, water supply, public health, fire services and regulation of slaughter houses, added by the 74th Amendment Act of 1992 and linked to Article 243W.
Which Article is linked to the Twelfth Schedule?
Article 243W allows state legislatures to endow municipalities with the powers and authority needed to function as institutions of self-government in relation to the 18 matters listed in the Twelfth Schedule, under Part IX-A of the Constitution, which deals with municipalities.
When did the 74th Amendment come into force?
The 74th Amendment Act came into force on 1 June 1993, and states had to adopt the new system of municipalities within a maximum period of one year from that date, which began urban local self-government on a constitutional basis.
How does the Twelfth Schedule differ from the Eleventh Schedule?
The Twelfth Schedule has 18 items for municipalities under Article 243W and Part IX-A, while the Eleventh Schedule has 29 items for panchayats under Article 243G and Part IX, both added in 1992., and both are voluntary in devolution.
Is devolution of Twelfth Schedule functions compulsory?
No. The state legislature decides by law whether and how far to endow municipalities with powers over the 18 matters, so actual devolution of functions varies across states, unlike the structural provisions of Part IX-A.
PYQ Practice — Statement Analysis
1 The Twelfth Schedule has 18 items.
For municipalities.
2 The Twelfth Schedule was added by the 73rd Amendment.
74th.
3 Fire services is an item in the Twelfth Schedule.
Item 7.
4 Article 243W relates to panchayats.
Municipalities.
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