powers and functions of municipalities

Municipalities in India came into being in the British era. The first of the municipalities in India was in the city of Chennai as the
Municipal Corporation in the year 1688. This was followed by the setting up of the subsequent municipalities in India in the states
of Maharashtra and West Bengal. Presidents of these municipalities in India were elected by Lord Mayo's Resolution of 1870.
The present structure and configuration of the municipalities of India came into being after Lord Ripon's Resolution of 1882. The
basic structure of the municipalities in India has not changed much since 1882. In the year 1992, the 74th Constitutional
Amendment Act came into being and brought with it specifications regarding the responsibilities and the powers of the municipal
units in India. The periodical elections followed the 1992 Act with timely elections and reconstruction of the municipal government.
The 1992 Act made it mandatory for the Central Finance Commission to take care of the state municipalities in India and provide
funds in case of necessity. However, unlike the rural governing bodies, the urban Indian municipalities did not have a federated and
systematic network. The municipal networks in India comprise of Mayor and councilors. The number of councilors in a particular
municipal area depends upon the total population of that region. Also, the elected councilors are the ones who choose among the
nominated councilors.
The Municipalities of India are headed by the Municipal Commissioner whose tenure of operation is fixed by the State Statue. All the
powers and responsibilities of the Municipal Commissioner are also provided by the Statue of the State. The functions of
Municipalities are divided into two parts discretionary and Obligatory. Some of the discretionary functions of the Municipalities of
India are:
1.

Housing facilities for low income groups

2.

Construction and maintenance of gardens, libraries, rest houses, public parks, leper homes, rescue homes for women,
museums and orphanages

3.

Provision of transport links with the municipality

4.

Promotion of welfare of employees of municipalities

5.

Securing or removal of building or places that are prone to dangers

Some of the obligatory functions performed by the municipals of India are:

1.

Building and maintenance of primary schools

2.

Supply of wholesome water

3.

Removing obstruction and projections in public paths, bridges and other areas

4.

Lighting and watering in the public streets

5.

Maintenance and development of the public hospitals

6.

Construction and maintenance of public streets

243W. Powers, authority and responsibilities of Municipalities, etc.

Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow
(a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of
self-government and such law may contain provisions for the devolution of powers and responsibilities upon
Municipalities, subject to such conditions as may be specified therein, with respect to
(i) the preparation of plans for economic development and social justice;
(ii) the performance of functions and the implementation of schemes as may be entrusted to them including
those in relation to the matters listed in the Twelfth Schedule;
(b) the Committees with such powers and authority as may be necessary to enable them to carry out the
responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule.

Limitations to Fundamental Rights

Though the Constitution of India guarantees all these Fundamental rights for the
citizen, yet there are some limitation and exceptions of these rights also. A citizen
cannot enjoy Fundamental Rights absolutely or at will. Within some Constitutional
limitation citizen can enjoy their Rights. The Constitution of India imposes some
reasonable restrictions upon enjoyment of these Rights so, that public order, morality
and health remain intact. The Constitution always aims at restoration of collective
interest along with individual interest .For example; right to religion is subject to
restrictions imposed by the state in the interest of public order, morality and health so,
that the freedom of religion may not be abused to committee crimes or anti-social
activities. Similarly Rights guaranteed by article-19 does not mean absolute liberty.
Absolute individual rights cannot be guaranteed by any modern state. Therefore our
Constitution also empowered the state to impose reasonable restrictions as may be
necessary in the larger interest of the community. our Constitution always attempts
to strike a balance between individual liberty and social control . and to establish a
welfare state where collective interest got prominence over individual interest
.Freedom of speech and expression (Art.19-1-A) is also subject to reasonable
restrictions imposed by the state relating to defamation, contempt of court, decency or
morality, security of the state, friendly relations with foreign states , incitement to an
offence, public order, maintenance of the sovereignty and integrity of India . Freedom
of assembly (Art.19-1-B) is also subject to reasonable restrictions imposed by the state
that the assembly must be peaceful and without arms in the interest of public order.
Freedom of press which is included in the wider freedom of expression is also subject
to reasonable limitations and the state can impose restriction upon freedom of press in
the larger interest of the state or for the prevention of contempt of court, defamation
or incitement to an offence.