Constitution Day (November 26) is a reminder not only of the remarkable framework created for the governance of the country in 1950 but also of how the document has evolved to meet India’s changing needs. Since its adoption, the Constitution has been amended over 100 times, though only a few have been truly structural — such as the introduction of Fundamental Duties under Article 51A, the constitutionalisation of the Right to Education, the anti-defection provisions, and the twin reforms of the 73rd and 74th Amendments that recognised the rural and urban local governments (ULGs) as institution as of self-governance through Parts IX and IX-A. These additions have been significant steps towards deepening democracy and inclusive development. Yet, while the 73rd Amendment revitalised panchayati raj institutions, the 74th Amendment — meant to empower ULGs — has fallen far short of its transformative promise.
India’s cities continue to grapple with water scarcity, slums, choked roads, rising pollution and disasters such as flooding. Despite contributing to two-thirds of India’s GDP and housing over a third of its population, its cities continue to be strained without real autonomy, disempowered elected leadership, weak finances and fragmented service delivery. The 74th Amendment offered a framework but left critical details to State discretion. That discretion, in practice, translated into dilution. Over 30 years on, most States still hold back powers, functions and finances from municipal governments. No nation has achieved prosperity with such weak city institutions. Therefore, a second generation of constitutional reforms is imperative.
The problem of mayors and short tenures
To begin with, mayors and municipal chairpersons must be guaranteed a stable and meaningful five-year term. Article 243R(2)(b) leaves the term of office to the discretion of States, resulting in wide variation: from five-year terms in some States to a single year in Delhi, and two-and-a-half-year terms in Mumbai and Bengaluru. Short tenures leave mayors as ceremonial figureheads with no ability to lead, plan, or deliver long-term transformation. A full five-year term with clear executive authority over municipal functions would provide the stability and the accountability that cities desperately need.
Equally urgent is ending the colonial duality of power between the Mayor and the Municipal Commissioner. In most States, the Commissioner — answerable to the State government — wields greater authority than the elected Mayor, rendering local self-government meaningless. The Constitution must be amended to make the Mayor and the Mayor-in-Council (replacing the Standing Committees) the apex decision-makers in urban governance. Commissioners should be redesignated as Municipal Secretaries — as in Kerala — and reporting to the Mayor, much like Chief Secretaries report to elected governments at State levels.
A third reform is the mandatory devolution of all functions listed in the 12th Schedule. Article 243W makes devolution optional, allowing states to retain control over crucial domains such as spatial planning, public health, transport and slum improvement. A 2024 Comptroller and Auditor General (CAG) of India report found that only 22% of the 18 functions identified for ULGs have been effectively devolved across 18 States that were audited. State government departments and parastatal bodies continue to dominate planning and service delivery, and receive as high as 60% of the urban sector funds in some States. All such agencies must become accountable to the Mayor-in-Council for activities within municipal limits, restoring the principle of democratic control.
Conduct elections on time
A fourth reform is ensuring timely municipal elections and full five-year terms for city councils. Across India, local body elections are routinely delayed due to random or stalled ward delimitation and reservation exercises or State government interventions. Articles 243R and 243T should be amended to mandate delimitation and reservation updates at fixed intervals — say, every 10 years. Article 243ZA must be strengthened to give State Election Commissions (SECs) explicit powers over delimitation and reservation, while preventing State governments from redrawing the boundaries of municipalities at irregular intervals. Article 243U should ensure that councils are constituted within 15 days of elections, and that State governments must obtain legislative approval before appointing administrators or superseding municipalities, similar to the rules governing President’s Rule. Further, Article 243K must be fortified to ensure transparent SEC appointments, financial autonomy from state governments, and mandatory annual reports submission to the Governors and in turn to State legislatures.
Fifth, municipalities need adequate and predictable financial resources. Currently, nearly three-quarters of urban infrastructure spending is controlled by State and central governments. While a few States share revenues such as stamp duty with municipalities, ULGs need a constitutionally guaranteed share of major revenue sources — including motor vehicle tax, registration fees, and GST — at source. State Finance Commissions (SFCs) must also be made effective by mandating their timely constitution, i.e. two years before the five-year grant period, tabling of action-taken reports within six months by updating Articles 243I and 243Y. The CAG has reported average delays of more than 400 days in forming SFCs, and even poorer compliance with their recommendations.
The sixth reform is strengthening municipal capacity. Many ULBs operate without essential staff — town planners, engineers, accountants, and urban designers. Vacancy levels range from 13% in Kerala to 64% in Uttarakhand. The Parliamentary Committee on Housing and Urban Affairs has noted that funds often remain unused because of ULG capacity constraints. Cities must be empowered to hire according to their needs, including short-term specialists, and invest in systematic training and competency-building.
Involve the community
Seventh, citizen participation must be institutionalised. Sustainable and equitable urban development is impossible without community involvement from planning to implementation. The current provision for ‘Wards’ Committee under Article 243S should be amended to mandate the formation of Ward Committees and Area Sabhas within 30 days of local elections, and to vest them with clear budgetary and oversight roles. Without such forums that provide for universal citizen participation, urban governance remains distant, opaque, and unresponsive.
Eighth, India must recognise that metropolitan governance demands a different institutional architecture than smaller towns. India lacks a robust governance model for its metropolises that contribute a lion’s share to GDP as well as house bulk of the urban population. Articles 243Q and 243ZE need comprehensive revision to establish different governance models for small, medium, and large cities based on global best practices.
Ninth, while higher elected representatives such as Members of Legislative Assemblies (MLA) and Members of Parliament (MP) should advise and support local bodies, municipalities must be insulated from their undue interference in the day-to-day decision making and operations. Article 243R(2), which permits MPs and MLAs to sit on municipal councils, should be removed. Councillors should also be barred from simultaneously holding legislative office at the State or national level to ensure their undivided focus on their cities.
Finally, a tenth major reform is essential: the creation/strengthening of Local Self-Governance Departments (LSGDs) in every State and at the Union level. These departments must focus solely on the governance and institutional strengthening of local governments, distinct from the infrastructure-centric mandate of urban development departments.
Some States have adopted fragments of these reforms, but the task now is to universalise them across nearly 5,000 municipalities. If India is to achieve high growth and quality of life comparable to developed nations, its cities must be empowered fully constitutionally.
Santosh Nargund is Director of Policy Engagement at the Janaagraha Centre for Citizenship and Democracy. Maansi Verma is Manager, Policy Engagement, Janaagraha. The views expressed are personal
Published – November 26, 2025 03:30 pm IST
