Delhi Municipal Corporation Amendment Bill, 2022

The Delhi Municipal Corporation Amendment Bill, 2022 was introduced in the Lok Sabha on March 25, 2022.

Salient features of the bill

  • It aims to merge the Capital’s three municipal corporations — South, North and East — ten years after the trifurcation of the civic body.
  • The Bill seeks to amend the Delhi Municipal Corporation Act, 1957 passed by Parliament. The Act was amended in 2011 by Delhi Legislative Assembly to trifurcate the erstwhile Municipal Corporation of Delhi into: (i) North Delhi Municipal Corporation, (ii) South Delhi Municipal Corporation, and (iii) East Delhi Municipal Corporation.
  • The Bill seeks to unify the three corporations. It replaces the three municipal corporations under the Act with one Corporation named the Municipal Corporation of Delhi.
  • The Bill states that the total number of seats in the new Corporation should not be more than 250.
  • The Bill omits the provision for a Director of Local Bodies.
  • The Bill states that in at least 11 sections of The Delhi Municipal Corporation Act, 1957, the words “Central Government” shall replace “Government”, wherever it occurs.
  • It also proposed the appointment of a Special Officer who can head the corporation until representatives of a unified MCD are elected.

74th constitution amendment act

  • The 74th Constitution amendment act provides for the constitution of the following three-types of municipalities in every state- Nagar panchayat, municipal council, municipal corporation.
  • PART IXA, added by the amendment, which has come into force on 1-6-1993 gives a constitutional foundation to the local self-government units in urban areas.
  • Every Municipality shall continue for five years from the date of its first meeting. But it may be dissolved earlier according to law.

Concerns

  • After Part 9A was inserted into the Constitution of India with effect from 1st June, 1993, the power to constitute municipalities lies with the state governments in terms of Articles 243P and 243R of the Constitution of India.
  • Secondly, as per Article 246 read with Seventh Schedule, entry 5 of the State List, powers to constitute municipal corporations is with the states.

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