12 Schedule of Indian Constitution- UPSC Notes

12 Schedule of Indian Constitution

Intro: The 12th schedule of the Indian Constitution, added by the 74th Amendment in 1992, outlines the powers, authority, and responsibilities of Municipalities are expected to perform, aimed at bolstering urban local self-governance. This schedule empowers urban local bodies to deal with functions ranging from urban planning, regulation of land use, water supply, public health, welfare, and more, thereby playing a crucial role in the development and administration of urban areas.

12th Schedule of Indian Constitution Original Text

(Article 243W)

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 of society, 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, playgrounds.
13. Promotion of cultural, educational and aesthetic aspects.
14. Burials and burial grounds; cremations, cremation grounds; and electric crematoriums.
15. Cattle pounds; prevention of cruelty to animals.
16. Vital statistics, including registration of births and deaths.
17. Public amenities include street lighting, parking lots, bus stops, and public conveniences.
18. Regulation of slaughter houses and tanneries.

Commentary on Twelfth Schedule of Indian Constitution

With the 74^th Constitutional Amendment Act of 1992, the modern Panchayati Raj was introduced in Indiato illuminate democracy at the grassroots level and was entrusted with rural development in the country.

• It is enlisted in Part-IXA of the Indian constitution. Articles 243P to Article 243ZG under this Part discuss urban local self-government.
• Municipalities have the power to prepare plans and schemes for economic development and promote social justice in the village.
• It also includes institutes of Planning in the shape of the District Planning Committee at the district level and the Metropolitan Planning Committee in the Metropolitan areas.

The powers enshrined in Article 243G are enlisted in the 10^th Schedule. These powers are related to the local governance at the village level.

Devolution powers to state:

Article 243W does not automatically transfer powers to the local level (as in the case of the Panchayats). It empowers the state government to empower the Municipalities through legislation to function as institutions of self-governance, which may contain the provisions regarding the devolution of powers to the local level.

Devolution of power between Centre and state is clear, i.e. there is List I and List II in the 7^th Schedule. However, in the case of local governments, the devolution of power is not clear because of two reasons:

1. The subjects mentioned for the Municipalities and Panchayati Raj institutions are also state subjects, by definition as per the 7^th Schedule, and the job of clearly demarcating the roles of the Panchayats is left to the respective state governments, which have been reluctant to devolve the powers.
2. Within the local government, there are different tiers, i.e. ward level, block level and district level Panchayat, and the roles are not clearly defined for each level.

Thus, despite creating a constitutional mechanism, real devolution of powers has not taken place for effective local governance. The same is true for the urban local bodies.

List of Amendments in 12th Schedule of Indian Constitution:

Amendment	Description
Constitution (Seventy-Third Amendment) Act, 1992	The 73rd Amendment Act introduced 16 new articles (Article 243A to 243O) in Part IX of the constitution and added the 11th Schedule to delineate the powers of the Panchayats. Main features of 3rd amendment: Articles 243B & 243C provide for the constitution of Panchayats at the village, intermediate, and district levels. Article 243D reserves seats for Scheduled Castes and Scheduled Tribes and provides for 1/3rd horizontal reservation for women. Article 243G provides for the powers, authority, and responsibilities of Panchayats. Article 243H provides for the powers to impose taxes by, and funds of, the Panchayats. Article 243I: Finance Commission will review the financial position of Panchayats and municipalities and make recommendations. Article 243J: It provides for the auditing of Panchayats’ accounts. Article 243K: Elections to the Panchayat and State Election Commission.
Constitution (Seventy Fourth Amendment) Act, 1992	The 74th Amendment Act introduced 18 new articles (Article 243P to 243ZG) in Part IXA of the constitution and added the 11th Schedule to delineate the powers of the Panchayats. Main features of the amendment: Urban local government includes Institutions of self-government (Article 243Q) and Institutes of Planning (Article 243ZD and 243ZE). Article 243R: Composition of Municipalities. Article 243T reserves seats for Scheduled Castes and Scheduled Tribes and provides for 1/3rd horizontal reservation for women. Article 243W provides for the powers, authority, and responsibilities of Urban local bodies. Article 243X provides for the powers to impose taxes by, and funds of, the Municipalities. Article 243Y: The Finance Commission will review the financial position of Panchayats and municipalities and make recommendations. Article 243Z: It provides for the auditing of accounts of Municipalities. Article 243ZA: Elections to the Municipalities and State Election Commission.

For Further Reference:

Read the Constitution of India

Read the Municipalities and Panchayati Raj article

Other Related Links:

Indian Constitution: All Articles	1st Schedule of Indian Constitution
2nd Schedule of Indian Constitution	3rd Schedule of Indian Constitution
4th Schedule of Indian Constitution	5th Schedule of Indian Constitution
6th Schedule of Indian Constitution	7th Schedule of Indian Constitution
8th of Indian Constitution	9th Schedule of Indian Constitution
10th Schedule of Indian Constitution	11th Schedule of Indian Constitution
Fundamental Rights	DPSP
Fundamental Duties	Amendments of the Indian Constitution