Looking Back at 25 Years: A Review of 74th Constitutional Amendment Act A National Level Roundtable Credits

Report Collective: Indo Global Social Services Society

Editing, Rewriting and Creative Inputs: Sreshma Anitha, Varun Ramesan, Siddhant Parisicha

Report Lead: Evita Das

Design: Manoj M Hodawadekar

October 2019

Copyleft: Any part of this study may be cited, used and reproduced. We appreciate due acknowledgements given to this study.

Suggested Citation: Looking Back at 25 Years: A Review of 74th Constitutional Amendment Act - A National Level Roundtable

Published by: Indo-Global Social Service Society (IGSSS) 28, Lodhi Road, Institutional Area New Delhi – 110003 India

Website www.igsss.org

1 Looking Back at 25 Years: A Review of 74th Constitutional Amendment Act A National Level Roundtable

Prepared by: Indo-Global Social Service Society (IGSSS)

October 2019 A Review of 74th Constitutional Amendment Act: A National Level Roundtable

Contents

Credits 1

Acroyms 4

Acknowledgements 5

Foreword 6

Introduction 8

Review of 25 Years of Governance 9

Sessions 10 1. The Idea of 74th Amendment and Current Status of 74th Amendment 10 2. Role of Participatory Government Mechanisms 15 3. Social Justice Achieved 19 4. Interaction of New Schemes/Policies with the 74th Amendment 23 5. Conclusion 28

References 31

Annexure 32

3 A Review of 74th Constitutional Amendment Act: A National Level Roundtable

Acronyms

AGM- Annual General Meeting AMRUT- Atal Mission for Rejuvenation and Urban Transformation CAA- Constitution Amendment Act CPL- Community Participation Law DDA- Delhi Development Authority DPC- District Planning Committee EC - Election Commission FC- Finance Commission FDI- Foreign Direct Investment GDP- Gross Domestic Product GHMC- Greater Hyderabad Municipal Corporation GST- Goods and Services Tax IMF- International Monetary Fund IT- Industrial Township JNNURM- Jawaharlal Nehru National Urban Renewal Mission KMA- Karnataka Municipal Act LBT- Local Body Tax MLA- Member of Legislature Assembly MPC-Metropolitan Planning Committee PMAY- Pradhanmantri Awas Yojana PRI- Panchayat Raj System/ Institution SCM- Smart Cities Mission SEC- State Election Commission SFC- State Finance Commission SPV- Special Purpose Vehicle SC/ ST- Schedule Caste And Schedule Tribe ULB- Urban Local Bodies ULG- Urban Local Government WC- Ward Committee YUVA- Youth for Unity and Voluntary Action

4 A Review of 74th Constitutional Amendment Act: A National Level Roundtable

Acknowledgements

IGSSS acknowledges this report as a joint e ort of numerous individuals. This report captures the trajectory of urban governance in the past 25 years, wherein an attempt has been made to evaluate the gaps and challenges faced while interacting with governance structure. After numerous discussion, it was realized that a national level roundtable should be organized in Bangalore to learn, reflect, share on the localized e orts taken place in di erent states. The notable contribution came from Vinay Baindur, Sitaram Shelar, Mathew Idiculla in conceptualizing, designing the roundtable framework and connecting to eminent activist, academician and practitioners.

Within IGSSS, we wish to thank our interns who have contributed immensely to the report. Firstly, Siddhant Pasricha who studied the document and made relevant inferences. Secondly, Aayush contributed in setting up the document chronologically. Most importantly, extending solidarity and thanks to Periyanaingam, external consultant in Bangalore oce, without whom arranging a two-day consultation would not have been possible.

We are hopeful that this report will give us an insight how we have moved in these 25 years of commencement of 74th Constitutional Amendment Act and how strategically we need to move forward while we engage with urban governance in di erent forms and practices.

IGSSS Urban Poverty Reduction Team

5 A Review of 74th Constitutional Amendment Act: A National Level Roundtable

two were universal with all the 25 cities; these and metropolitan planning committees so that are registration of birth and death and solid the city governments are entrusted the task of waste management. overall planning. A continuous engagement The 74th constitutional amendment needs to of city governments and other interested Foreword be updated for the simple reason that issues groups has to be laid to ensure that the city like migration in cities, street vending, urban governments are empowered not just poverty, homelessness etc., are not even politically but even financially. Ultimately it is discussed in the scope of the 74th not the city government but the people at amendment. Hence it needs to be large who must taste the fruit of democratic I am glad to write a foreword to the conference empowerment practiced through the people’s strengthened. But what we find is further decentralisation. A consistent engagement held by IGSSS, reviewing the 25 years of the plan in Kerala is another model where 40 per dilution of the amendment especially after the with the CSOs and other groups is required implementation of the 74th constitutional cent of the planned budget of the state directly JNNURM reforms and the smart city for working out plans for gender budgeting amendment that directly e ected governance goes to the urban and rural local bodies. mission(SCM) and AMRUT missions. Some of within the cities and ensure that the most in cities. For the first time after independence a the observers have termed the SCM marginalised groups residing in the cities are mandatory constitutional mechanism was But, urban development being a state subject, equivalent to writing an obituary of the 74th taken care of. evolved to ensure three tiers of governance; the respective state’s decided through their constitutional amendment. The SCM, which is centre, state and local body, which included own wisdom, the method of urban supposedly to be the lighthouse of urban Tikender Singh Panwar the rural bodies. The basics of this governance. In some states like Haryana the governance of the incumbent government at Urban Governance Expert & Former Deputy constitutional provision was for a timely bureaucracy actually controls the cities and the centre, works on a business model of Mayor Shimla election of the city governments along with even has the power of recommending the executing the projects through the special empowerment, both political and financial. dissolution of the oce of the mayor. Similarly, purpose vehicles(SPVs). These SPVs are Though there were aspersions casted during in some states a directly elected mayor was managed and run by the bureaucrats or the inception of the 74th constitutional practiced in Uttar Pradesh, Uttrakhand, MP, ocials of the world bank instead of the city provision that it is part of the neo-liberal Himachal and Rajasthan. Rajasthan and HP council. Interestingly, the SPV can easily economic reforms, which meant generating reverted back to the indirect form of elections. bypass the elected city council and is not even the resources to manage the cities within The debate to have a directly elected mayor in answerable to it. Lots of criticism and themselves by levying user charges etc., the cities finds credence as it is also part of the contradiction has evolved in the process of however a positive part of the amendment was 74th constitutional amendment. The baseline SPV governance within the cities. to ensure regular elections of the city has to be that it is the institution of the elected A new chapter to urban governance which is governments. Hence to some it appeared as a council and the mayor that should be considered to be a vision for the ensuing 10 ‘dead horse’ since beginning. empowered and should be liable in the city years of urban development in the country is governance model. Nevertheless, cities came to focus and more being added in the form of National Urban Policy Framework(NUPF). Hardly anybody in and more demands from the citizens started Under the 12th schedule there are 18 functions the urban realm is aware of the NUPF and its emanating. For better utilities, better services that were to be transferred to the cities for guidelines which are supposedly to steer the and governance, the cities started raising management and administration. While country forward. There are some inherent voices. There were di erent models adopted reviewing the 74th constitutional amendment problems with the basic principles of the in the country to govern the cities. Some of the through a task force of which I was also models are quite democratic where the a member, which was chaired by NUPF, which needs to be discussed and elected city governments could steer the city K. C. Sivaramakrishnan, we found that actually debated thoroughly amongst the urban and were not mere apparels of the the cities are run by parastatals and a bunch of fraternity including the elected institution. bureaucracy. For example, the model of a consultants who are ruling the roost. Not only The useful features of 74th amendment; like Mayor in Council(MIC) in West Bengal, which the functions to the city governments are the permanent tenure of the city governments, was then followed by Madhya Pradesh; ambiguous; a review conducted by di erent and regular elections after fiver years needs to brought in a new paradigm of urban research groups of 25 di erent cities of three be consolidated. The further consolidation governance where the MIC acted like a state Hindi speaking states provided an interesting 6 must be done in the formation of the district cabinet. Similarly models of financial picture. It showed that of all the functions, only A Review of 74th Constitutional Amendment Act: A National Level Roundtable

two were universal with all the 25 cities; these and metropolitan planning committees so that are registration of birth and death and solid the city governments are entrusted the task of waste management. overall planning. A continuous engagement The 74th constitutional amendment needs to of city governments and other interested be updated for the simple reason that issues groups has to be laid to ensure that the city like migration in cities, street vending, urban governments are empowered not just poverty, homelessness etc., are not even politically but even financially. Ultimately it is discussed in the scope of the 74th not the city government but the people at amendment. Hence it needs to be large who must taste the fruit of democratic I am glad to write a foreword to the conference empowerment practiced through the people’s strengthened. But what we find is further decentralisation. A consistent engagement held by IGSSS, reviewing the 25 years of the plan in Kerala is another model where 40 per dilution of the amendment especially after the with the CSOs and other groups is required implementation of the 74th constitutional cent of the planned budget of the state directly JNNURM reforms and the smart city for working out plans for gender budgeting amendment that directly e ected governance goes to the urban and rural local bodies. mission(SCM) and AMRUT missions. Some of within the cities and ensure that the most in cities. For the first time after independence a the observers have termed the SCM marginalised groups residing in the cities are mandatory constitutional mechanism was But, urban development being a state subject, equivalent to writing an obituary of the 74th taken care of. evolved to ensure three tiers of governance; the respective state’s decided through their constitutional amendment. The SCM, which is centre, state and local body, which included own wisdom, the method of urban supposedly to be the lighthouse of urban Tikender Singh Panwar the rural bodies. The basics of this governance. In some states like Haryana the governance of the incumbent government at Urban Governance Expert & Former Deputy constitutional provision was for a timely bureaucracy actually controls the cities and the centre, works on a business model of Mayor Shimla election of the city governments along with even has the power of recommending the executing the projects through the special empowerment, both political and financial. dissolution of the oce of the mayor. Similarly, purpose vehicles(SPVs). These SPVs are Though there were aspersions casted during in some states a directly elected mayor was managed and run by the bureaucrats or the inception of the 74th constitutional practiced in Uttar Pradesh, Uttrakhand, MP, ocials of the world bank instead of the city provision that it is part of the neo-liberal Himachal and Rajasthan. Rajasthan and HP council. Interestingly, the SPV can easily economic reforms, which meant generating reverted back to the indirect form of elections. bypass the elected city council and is not even the resources to manage the cities within The debate to have a directly elected mayor in answerable to it. Lots of criticism and themselves by levying user charges etc., the cities finds credence as it is also part of the contradiction has evolved in the process of however a positive part of the amendment was 74th constitutional amendment. The baseline SPV governance within the cities. to ensure regular elections of the city has to be that it is the institution of the elected A new chapter to urban governance which is governments. Hence to some it appeared as a council and the mayor that should be considered to be a vision for the ensuing 10 ‘dead horse’ since beginning. empowered and should be liable in the city years of urban development in the country is governance model. Nevertheless, cities came to focus and more being added in the form of National Urban Policy Framework(NUPF). Hardly anybody in and more demands from the citizens started Under the 12th schedule there are 18 functions the urban realm is aware of the NUPF and its emanating. For better utilities, better services that were to be transferred to the cities for guidelines which are supposedly to steer the and governance, the cities started raising management and administration. While country forward. There are some inherent voices. There were di erent models adopted reviewing the 74th constitutional amendment problems with the basic principles of the in the country to govern the cities. Some of the through a task force of which I was also NUPF, which needs to be discussed and models are quite democratic where the a member, which was chaired by debated thoroughly amongst the urban elected city governments could steer the city K. C. Sivaramakrishnan, we found that actually fraternity including the elected institution. and were not mere apparels of the the cities are run by parastatals and a bunch of bureaucracy. For example, the model of a consultants who are ruling the roost. Not only The useful features of 74th amendment; like Mayor in Council(MIC) in West Bengal, which the functions to the city governments are the permanent tenure of the city governments, was then followed by Madhya Pradesh; ambiguous; a review conducted by di erent and regular elections after fiver years needs to brought in a new paradigm of urban research groups of 25 di erent cities of three be consolidated. The further consolidation governance where the MIC acted like a state Hindi speaking states provided an interesting 7 must be done in the formation of the district cabinet. Similarly models of financial picture. It showed that of all the functions, only A Review of 74th Constitutional Amendment Act: A National Level Roundtable

article 243-I, under which the commission June 2018 marked 25 years to the passage of makes recommendations regarding the the 74th CAA. It is a saddening a air that apart sharing of finances between state and from a few States, the law has hardly been municipality. It also suggests ways of implemented. It is the need of the hour to think Introduction improving finances and determining grants through the gap between the intent of this and aid. The finance commission constituted legislation and the implementation. under article 243-I also review the financial position of the municipalities and make A review of the role of participatory recommendations to the governor. In addition governance and social justice achieved by India is a diverse country which has been e ective institutions of self-governance. to this, the act has also added the XII schedule 74th amendment also had to be performed experiencing an exodus of citizens from rural Article 243-Q of the constitution provides for to the constitution. It contains 18 functional involving interactions by eminent persons from to urban areas and also the urbanization of establishment of three kinds of municipalities items of municipalities listed under article various fields of work such as governance, erstwhile rural areas. Hence, a need for of every state, namely Nagar Panchayats (For 243-W. The items include urban planning, finance, administration, environmental issues, strengthening the representation of people at rural areas undergoing transformation to financial & social development, urbanization, policy researchers and academics. Individuals the very grassroots of democracy, the 73rd becoming urban areas), Municipal Councils regulation of land use, roads & bridges, water from across disciplines collectively shared and 74th Constitutional Amendments were (For smaller urban areas) and Municipal supply, public health etc. data acquired by them on localized e orts added. The 73rd and 74th CAAs (constitutional Corporation (For large urban areas). amendment act) conferred constitutional taken in cities, understanding the Review of 25 Years of Governance intersectionality of governance in present status to local governance bodies. Prior to All members of the municipality are to be 74th amendment to the Constitution times. these amendments, the constitution directly elected by the people of the municipal was meant to empower ULG’s with recognized only states as subnational entities area. The municipal area is divided into smaller decision-making abilities, revenue generation, territorial constituencies known as wards for and independence in expenditure. In terms of The primary objective of the 74th amendment the purpose of the election. Each of these fiscal independence or autonomy, ULG’s have was to strengthen democracy at the wards is represented directly by the members certainly done better than their rural grass-root level through ULG (Urban Local via elections. Article 243-R of the constitution counterparts, however, no Indian city can still Governments). In a democracy, every person states that the process of election of match any of the metros in developed has the right to express their opinions on chairpersons of municipalities is to be countries even after 25 years of structural issues related to the development of their specified by the respective state governments. change. area. This is possible only through Reservation of seats for the Scheduled Castes decentralization of power. To strengthen the and Scheduled Tribes in every While State Governments across the country position of urban governance in a more municipality/corporation must be provided in speak of the need for implementation of the organized manner the Government of India proportion to their population to the total 74th CAA, enough has not been done to took a pivotal initiative through the enactment population in the municipal area. Every implement it with few exceptions like Kerala of the 74th constitutional amendment act. The Municipal Corporation has a term of 5 years and West Bengal. The Union Government's 74th amendment is applicable to local and elections are held after the expiry of each agenda to motivate the States into enforcing governing bodies in the urban areas. The 74th term. An election to constitute the corporation the 74th Constitutional Amendment Act, and CAA was passed by the parliament in must be completed within six months from the participatory governance mechanisms, made December 1992 and came into force on June 1, date of the dissolution of a municipal the availability of JNNURM funds dependent 1993. corporation. on compliance with decentralized governance such as the enactment of a (Model) Nagar Raj The secondary aim of the amendment was to Article 243-ZA talks about the State Election Bill (Community Participation Law) and a Public increase the participation of public Commission which is responsible for Disclosure Law. The smart city agenda was representatives in the development work of conducting these elections. The State Election taken up in 2015 while discussions on the cities. As per article 243-W, all Commission is independent of the Election participatory governance are increasingly municipalities will be empowered with such Commission of India. One of the most being side-lined. powers and responsibilities as may be important features of this amendment is the 8 necessary to enable them to function as constitution of the finance commission under A Review of 74th Constitutional Amendment Act: A National Level Roundtable

article 243-I, under which the commission June 2018 marked 25 years to the passage of makes recommendations regarding the the 74th CAA. It is a saddening a air that apart sharing of finances between state and from a few States, the law has hardly been municipality. It also suggests ways of implemented. It is the need of the hour to think improving finances and determining grants through the gap between the intent of this and aid. The finance commission constituted legislation and the implementation. under article 243-I also review the financial position of the municipalities and make A review of the role of participatory recommendations to the governor. In addition governance and social justice achieved by India is a diverse country which has been e ective institutions of self-governance. to this, the act has also added the XII schedule 74th amendment also had to be performed experiencing an exodus of citizens from rural Article 243-Q of the constitution provides for to the constitution. It contains 18 functional involving interactions by eminent persons from to urban areas and also the urbanization of establishment of three kinds of municipalities items of municipalities listed under article various fields of work such as governance, erstwhile rural areas. Hence, a need for of every state, namely Nagar Panchayats (For 243-W. The items include urban planning, finance, administration, environmental issues, strengthening the representation of people at rural areas undergoing transformation to financial & social development, urbanization, policy researchers and academics. Individuals the very grassroots of democracy, the 73rd becoming urban areas), Municipal Councils regulation of land use, roads & bridges, water from across disciplines collectively shared and 74th Constitutional Amendments were (For smaller urban areas) and Municipal supply, public health etc. data acquired by them on localized e orts added. The 73rd and 74th CAAs (constitutional Corporation (For large urban areas). amendment act) conferred constitutional taken in cities, understanding the Review of 25 Years of Governance intersectionality of governance in present status to local governance bodies. Prior to All members of the municipality are to be 74th amendment to the Constitution times. these amendments, the constitution directly elected by the people of the municipal was meant to empower ULG’s with recognized only states as subnational entities area. The municipal area is divided into smaller decision-making abilities, revenue generation, territorial constituencies known as wards for and independence in expenditure. In terms of The primary objective of the 74th amendment the purpose of the election. Each of these fiscal independence or autonomy, ULG’s have was to strengthen democracy at the wards is represented directly by the members certainly done better than their rural grass-root level through ULG (Urban Local via elections. Article 243-R of the constitution counterparts, however, no Indian city can still Governments). In a democracy, every person states that the process of election of match any of the metros in developed has the right to express their opinions on chairpersons of municipalities is to be countries even after 25 years of structural issues related to the development of their specified by the respective state governments. change. area. This is possible only through Reservation of seats for the Scheduled Castes decentralization of power. To strengthen the and Scheduled Tribes in every While State Governments across the country position of urban governance in a more municipality/corporation must be provided in speak of the need for implementation of the organized manner the Government of India proportion to their population to the total 74th CAA, enough has not been done to took a pivotal initiative through the enactment population in the municipal area. Every implement it with few exceptions like Kerala of the 74th constitutional amendment act. The Municipal Corporation has a term of 5 years and West Bengal. The Union Government's 74th amendment is applicable to local and elections are held after the expiry of each agenda to motivate the States into enforcing governing bodies in the urban areas. The 74th term. An election to constitute the corporation the 74th Constitutional Amendment Act, and CAA was passed by the parliament in must be completed within six months from the participatory governance mechanisms, made December 1992 and came into force on June 1, date of the dissolution of a municipal the availability of JNNURM funds dependent 1993. corporation. on compliance with decentralized governance such as the enactment of a (Model) Nagar Raj The secondary aim of the amendment was to Article 243-ZA talks about the State Election Bill (Community Participation Law) and a Public increase the participation of public Commission which is responsible for Disclosure Law. The smart city agenda was representatives in the development work of conducting these elections. The State Election taken up in 2015 while discussions on the cities. As per article 243-W, all Commission is independent of the Election participatory governance are increasingly municipalities will be empowered with such Commission of India. One of the most being side-lined. powers and responsibilities as may be important features of this amendment is the 9 necessary to enable them to function as constitution of the finance commission under A Review of 74th Constitutional Amendment Act: A National Level Roundtable

The provision of direct elections of mayors is Public Health Engineering & Environmental suggestion. All the government entities presented a highly compromised version of existing bureaucrats and politicians, in the corporations to derive its power from this One key limitation is that many of the key The genesis of the 74th Amendment never 3. Social Justice Achieved problematic in the context of India because Engineering organization, that writes down the depend heavily on the inter-governmental the Act that was accepted in the Parliament. It case of Panchayat Raj System, states had provision in the constitution, earlier the power provisions of the 74th Amendment are ‘may’ broke ground as a bottom-up people’s Only two percent of the ward committees have under the parliamentary system it may happen norms & technical standards for any projects grants; at the same time, these grants are comprehended the complexities of urban already implemented the system, and the was delegated to municipalities by the state provisions which are left to the discretion of movement. There was a significant push for The panellists, Shaktiman Ghosh, National been instituted in the country so far. There is a that the council of members may be elected related to urban water supply, however, under often inadequate & discretionary in nature. All governance and variations in how cities were Amendment to the Act followed suit. By the legislatures. It is interesting to note that very the state. The three lists, that is the central list, the 73rd Amendment that provides for a Hawkers Federation( Kolkata), Vinay Srinivas, need to democratize and decentralize urban Sessions from a certain political party, and the mayor the 74th Constitutional Act, ULG’s are these results in the poor financial health of governed. There was a mayor and council 80’s states such as Karnataka, Kerala & West few national constitutions have provisions for state list and the concurrent list wherein the Panchayat Raj, but this was missing in the case Alternate Law Forum(Bengaluru), and Varsha governance especially when we are may happen to be elected from a di erent entrusted with the charges of water supply. ULG’s. system; Chennai gave strong power to the Bengal were way ahead of other states local governance. For instance, the US & many provision involving the division of power of the 74th Amendment, which remained an Vidya Vilas (Mumbai) discussed the session witnessing municipal bodies are being party, in which the municipal decision making Mayor, and Bangalore gave weaker power to leading the way for the rest to catch up. Cities of the EU countries constitutions are devoid of remains within the domain of centre and state afterthought, after the first draft of the 73rd that was chaired by Rajendra Prabhakaran, sidelined by the PPP Model. The Smart Cities process can become cumbersome. The The XXII Schedule does not distinguish ULG’s should be given fiscal autonomy in the Mayor. There was the Rippon Doctrine, were neglected and the course correction such clear provisions for local governance and while only some subjects included in the state was prepared in 1986, only to be replicated Urban Justice Activist. Cities as it was have been exempt of any interference from 1. The Idea of 74th Amendment and Current which contributes to delay in the municipal non-occurrence and poor participation in the between the various categories of ULG’s. The order to set their own tax rate and identify which constituted of representatives where provided by 74th Amendment was undertaken taking US case law in which local governance list are culled out for the local governments. thoughtlessly for urban areas. The drawback conceived in 1992 has undergone change with the existing municipal corporation and will be Status of the 74th Amendment election process. For example, the elections AGM (Annual General Meeting) prove functional domain of larger municipal bodies, sources of revenue. The benefits of public states like Kerala, or West-Bengal got the ritualistically, which was followed by foreign derives its powers from the powers of the state This does not imply that what exists in the in this scenario is a lack of ownership, and respect to the actors, especially the marginal administered by a separate corporation for The panelists of the session, that was chaired were delayed by five years in the Hyderabad detrimental to making ward committee a such as Ahmedabad & Lucknow, is same as services are measurable and accrued to upper hand, on the other hand, we had Mayor direct investment, and external suggestions to government. 74th Amendment shifted the state cannot be taken up by the local unless local governments and citizen groups groups such as street-vendors. Prior to the which the Special Purpose Vehicle (SPV) will by Lalitha Kamath, Associate Professor at Tata Municipal Corporation because the state deliverable body. A few members dominating the functional domain of any transitional or identifiable individuals within the given doctrine like in Bangalore that had a ritual transform urban spaces to ‘world-class cities’, base from which the local governments draw governments, but that some of the powers exert pressure from ground up, the failures of 70’s, the cities were perceived to be a hotspot not be an elected ocial, but through the Institute of Social Sciences (Mumbai), were Leo government did not provide updated rosters the decision-making process, lack of smaller municipalities like Solan in Himachal jurisdiction. Further, it is important to ensure mayor. So, the 74th amendment became a which we now know as smart cities. A slippery power, enabling derivation of power directly may be devolved by the state to the local the top-down structure permeate all areas of of economic and social development. At the secretary for urban department. This has been Saldanha from Environmental Support Group to the state election commission. awareness and non-availability of information Pradesh & Angul in Odisha. The one size fits all the timely constitution of the state finance ritual and taking into consideration that huge situation is enabled where divisiveness is from the constitution, instead of being directed governments. Thus, it cannot be easily said urban life. Global groups like C-40 which are same time, green revolution forced workers done so that, in the case of demolition of slums (Bengaluru), Mathew Idiculla from Centre for among urban citizens, and politically model is found to be dicult to implement due commission and to develop proper norms for financial inputs of that time. The 74th aggravated and is expected to reach through the state law. The Indian Constitution that we have a three-tier federal system, as we city-wide networks working globally, but we out of their villages, into the cities. These for redevelopment activities, the elected Law & Policy Research (Bengaluru) and Fragmentation of political authority: motivated nominations of members defeat the to the varied characteristics of di erent urban estimating expenditure needs, and crucially amendment constitutes of reservation, unprecedented levels in creating world-class in 1950s hardly had any mention of local clearly find two units of government have no city-wide local government networks communities became unemployed overnight, ocial is not held accountable. 496 cities have Soumyadeep Chattopadhyay who teaches at Article 243-R states that the state legislature very purpose of transforming the ward areas in India. time synchronization of the constitution of representativeness, ground-up planning, etc. cities. governments but was enlisted as item 5 in List functioning, subordinated by a weak half-unit, which are crucial for better functioning. This is as a result of rapidly industrializing urban been accorded the AMRUT status, yet 70% of Vishwa Bharati University (Shantiniketan, provides the process for the election of a committee as an apolitical body. SFC’s, submission of the report, and but their visions are not what the elite wanted. ii- (Seventh Schedule) under ‘local as the structure of governance. necessary to phase out the existing ways of space that required a di erent technical skill the urban power have been found to reside in Kolkata) mayor, but the roles and functions of the mayor “The need for mayor and council, under preparation of the implementation report to The type of investment decisions that took Article 243-Z(e.), states that planning should governments’ which meant that local merely executing the orders by the state set. There was a wave of liberalization, these cities. The contradiction between the are not clearly defined. The details of the Incomplete functional devolution: whom serves the commissioner and the SFC’s on a timely basis. place at that time was based on a competitive begin from the ward committee level upwards. governments are state subjects. Also, the The 73rd Amendment provided for a multi-tier government. privatization, and globalization paralelly e orts informal sector and the governments agenda Political Empowerment: provisions have been left to the discretion of Functional devolution of powers allocated to municipal bodies should be empowered with paradigm. There was no real Instead, the system functions top-down, and provision of Article 40, a directive principle of local government system, comprising of were taken to strengthen participatory of making rapid growth in GDP, has led to vast Article 243 makes direct elections mandatory the state governments. As per the CAA, the the ULG’s can at best be deemed partial, as all the above departmental sectors and smart Saldanha noted that the e orts to implement representativeness or understanding of what the proposals follow suit showing the ritualistic state policy which talks about empowering panchayats at the village, taluk, and at the Thus, it is critical to chalk out our priorities, democracy through decentralisation. economic inequalities and consequentially for all the seats in the municipal council, and as fixed tenure of municipal governments is of the state government executes the city SPV should function under the municipal the 74th Amendment Act was largely finance does to cities, in fact, the chief treatment of the 74th Amendment. The village panchayats, but the 74th Amendment district level, whereas the 74th Amendment because most of the civil society organizations Workers here who have been labelled as inequalities related to housing and per article 243-K & 243-Z(a.). The state five years, although the tenure and mode of implementation. Most of the functions corporations as to ensure the democratically unfinished business which made it essential to ministers were not seen as people who were process is still at its early stages with the essentially mandated the constitution of urban provides for a one-tier system, and this often and the elite rhetoric are related to “unskilled” with the e ects of urbanisation, are infrastructure. The government has only election commission has been entrusted with election of mayors varies from state to state. In mentioned in the XXII Schedule already form a elected local self-government’s say in the probe into the reasons of its happenings. accountable to an electorate. In Karnataka, primary goal being to get the constituting ward local governance in all urban areas. It is not a seen as a barrier in the context of big cities establishing ward committees and identified as ‘poor’ by the government contributed to this situation, and concepts like the task of supervising the municipal election states like Rajasthan, Uttar Pradesh, and Bihar part of the state list in the VII Schedule. Typical local decision-making process” – Soumyadip Kerala & West Bengal were the most groups like Janaagraha which started committee right. It is the mayor who is discretion, but instead the Statement of Object where multiple levels of complexities exist. Metropolitan Planning Committees (MPC’S), schemes despite being the primary Smart Cities do not permit any realization of process. However, if we take note of the mayors are directly elected for five years, state responses have been creating parastatal Chattopadhyay talked-about models of municipalities, but promoting urbanization were given the prime delegated the power to exert pressure on the & Reasons that the 74th Amendment gave, The functions under the XXII Schedule are not and the demand for empowering the local contributors in creating and sustaining the social justice, and it is the presence of these implementation process, it clearly appears that whereas in metropolitan cities like Bengaluru agencies and SPV’s (Special Purpose Vehicle) gradually the lumpenisation of politics was seat in power, and groups that opposed and commissioner to ensure such provisions are which included local elections not being often not devolved to the local governments government has been absent from most cities. These communities are doubly economic contradictions which is at the root of many states have not adhered to mandatory and Delhi mayors are elected indirectly for a to purvey some of the specified municipal Financial Disempowerment: also taking shape in these two regions. pushed for decentralization and devolution of instated on the ground. It certainly should not conducted, improper functioning of local hence they do not possess independent discussions. It is important that we steer away alienated in terms of materially and social the government’s need to push the informal provisions of holding regular elections as period of one year, and in Mumbai, mayors functions as regard to delegation of power to The 74th Amendment Act does not mention power were kept on the side-lines. The require citizens to submit such petitions to bodies, lack of devolution of power, all of powers. In addition to this, 18 functions from solely referring to MPC’s & ward deprivation. sector outside the city. mentioned in 74th CAA. For instance, the city were elected for a period of two and half years. municipal bodies. Fragmentation of the handling of revenue for the municipal The politics of Karnataka, for instance, defined understanding of the vision of the 74th initiate change. The speaker closed the which changed with the introduction of the enlisted in the XXII Schedule are not found to committees in our discussions but moving of Vishakhapatnam & Chennai has not held governments with multiple entities operating bodies and has resulted in problems most elected representatives (MLAs) from rural Amendment was skewed, and their e orts at speech on the note that researchers and 74th Amendment which clearly mandated the be comprehensive. The other inherent issues forward the core body of the local government Shaktiman Ghosh opened by discussing about In the Olga Tellis v. Bombay Municipal municipal elections since 2011 & 2006. at the city level is problematic. In the case of associated with finances of the ULG’s. Article areas while highly urbanised centres like creating a ‘world-class’ city was often found activists working on urban issues are required constitution of urban local governments. in the 74th Amendment is that some of should be the point of departure henceforth. the shift towards a consumeristic state from Corporation Case Justice Chandrachud stated Municipal Corporation of Greater 243-Y, which requires the state to set up the Bangalore played a major role in shaping exclusive to their experience of urban planning to reconsider ways of deconstructing the key functions are not included in the There have been suggestions to include welfare state. For example, governments’ 2015 that ‘hawking is a right’ resonant in the idea Very low voters’ turnout in municipal elections Mumbai(MCGM), which is responsible state finance commission and the insertion power at the state. The focus in 80s narrowed in the United States. Be it the work of H.D. structures of power. The debate centres on the question of the XXII Schedule. Other limitations include the further amendments, such amending the smart cities scheme looked at cities as a that life is livelihood, and even after has been observed, reason being: preparation decision-making cities development but it of 3(c) into Article 280 which requires the down on appointment of the commissioner, Gowde in 1995, followed by S.M. Krishna from implementation status of the 74th, despite the absence of a Gram Sabha equivalent in the Article 243 Part 9A which was added in the consumeristic privilege where they chose to introduction of the Street Vendors in 2014, and updating of urban electoral rolls, lacks many substitute powers related to urban central finance commissions to make who would be expected to e ectively manage 1999 to 2004, were modelled on a way of There are multiple ways of looking at the 74th good provisions that it contains. The second cities and the Industrial Township Exception 74th Amendment. If an amendment is to be consciously ignore the urban poor citizens. It is most cities are in the process of removing conducting elections, and delimitation and planning & land use. It does not have any recommendations for augmenting the the municipality, which gave rise to numerous thinking that preferred parastatals to run the Amendment, but Idiculla focused on three question is about tracing out the reasons which makes it mandatory for all urban areas made, what are the principles guiding such a to be questioned whether the state hawkers from the streets. The government reservation of voters are managed by multiple independent authority to lease land & to raise consolidated fund of the state. Many state commissioners. These commissioners city, and these parastatal imaginations were questions primarily. The questions that were behind the existence of weak local to constitute local self-governments, expect step that drive urban governance reform? government or the central government has the seems to unwilling to accommodate such institutions making the process highly revenue independently. governments have failed to constitute state campaigned for proper water supply, city not necessarily woven out of urban planning examined were: the need and crucial role of governments in present times. There are in the case where areas have been Therefore, this proves to be an instrumental political will to implement this Act. Recently, groups of people in their vision for the city. The unaccountable. In the context of municipal finance commissions and there is an absence clean-ups & fixed public transport in a and governance-centric discussions, but can 74th Amendment, why ULG’s continue to weak multiple ways of looking at “implementation demarked as industrial townships by the starting point to instigate such discussions for the mayor of Delhi stated the decision to requirements for the city as well as the urban bodies, ULG’s are in mandate with reservation Considering the case of water supply, the of a universal and acceptable methodology. centralized manner. Thereby, centralization & be seen to be outcome of the green despite 25 years of the Amendment and ways failure”. One is, the inherent limitations of the state governments. The absence of separate the future. attend a meeting that can only be taken with poor are not taken into consideration by the for women & backward castes, and this is government of India is the biggest funder, The state government enjoys the discretion in privatization caught up as parallel processes in revolution, and of the irrigation projects. in which governance should be organized for 74th Amendment which hinders it from being a tax and finance domain and the absolute approval of the municipal commissioner which planners of the city. Ghosh said, “The Urban problematic because the process is not but it does not directly influence the the devolution of functional responsibilities India. Despite complex amendments, state the future could be rethought. powerful institution, and secondly, even control by the state finance commission is yet contradicts the mandate of the 74th Renewal Mission a joint initiative of the Indian transparent and accountable. The entire implementation, rather it exerts influence which makes it dicult for the central financial governments were unwilling to give up on though there are provisions, are not another inherent limitation. Amendment which accords power to the Government & donor organisation, and the reservation system results in a lot of litigations, 10 through various stakeholder. The Central commission to provide any concrete The union urban development minister, in 1992 parastatals, as it entailed ceding power by The 74th Amendment provides for municipal implemented properly. elected mayor. Smart Cities Mission all reflect of similar

exclusionary attitudes. How then can social layouts. Yet, it is often found that the to prevail. Hence, we do not need a tinkering up-scale neighbourhood. Lastly, the preamble Mumbai, and health specific budget was justice then be achieved in a society where association is exclusive only to people of a of the Act such as mohallah sabhas or ward and the constitution should be put to the right allocated and formulated through public prominence is given to western standards of certain class, who can influence rules and committees, but we need a fundamental use to reimagine the 74th Amendment. participation. This was done through the consumption and such actors who make nominations of the ward committees. The rules alteration of the 74th Amendment, to Vilas opined that it was desirable that the administration and the corporators, wherein significant contributions to the city are are devoid of any clause which ensures reimagine the ways our cities are built.” In e orts towards the implementation of the they had to firstly, answer questions posed by, excluded?” There is no housing rights diversity and greater participation from addition to this, the chances of a slum Amendment are posed questions. Firstly, with identify and prioritize citizen needs. Therefore, movement to resist and cease unlawful disadvantaged sections of the society in representative winning an election is low respect to participation, when reservation was to achieve, power to and for the people, work evictions. Street vendors movements are Karnataka. In Kerala, registered trade union considering the large sums of money pumped, implemented for the first time in Maharashtra, must be directed towards filling the lacunae in active across the country and many other members are required to constitute ward in return for power. The Street Vendors Act there was 15% reservation for SC’s, 60% for the Act. citizens are expected to participate in the committees, and in the case of West Bengal, provides for an elected Town Vendors ST’s, 27% for OBC, and 50 % for women overall movement. It is through sustained resistance women BPL cardholders are required to be in Committee in every municipality, which has a in 15 municipal corporations. Although Therefore, the fundamental questions that the space of social justice can be the ward committees. Now let us consider 40% reservation of seats to be filled by direct representation could have been better, the discussed were about the changes that have reclaimed. three disadvantaged groups in the city, election. In the case of Delhi Municipal responsibilities of these elected taken place in the urban space in the last 10-15 street-vendors, pourakarmikas, (waste pickers) Corporation, some street vendor leaders were representatives are not confined to one. years, the meaning of old and new and slum-dwellers. The Ejipura Slum elected, but along with them, were few leaders Similarly, when caste-based reservations are urbanisations to the city and whose vision was Demolition case in Bangalore involved 900 of ostentatious appearance and personality made, these are not exclusively for the weaker accepted when cities were renewed and odd people living in multi-storeyed buildings, who were known to splurge for the cause of sections, but for all those who fall into those reorganized. Before the 70’s the primary which collapsed eventually, and these houses the election. On the other hand, in the case of categories. Hence, when the elected function of the urban space was were given out on rent despite being nominations there were di erent resident representatives from the above stated industrialization, and to convert the ousted uninhabitable by the owners. Despite the groups and civic forums who put out an online categories are found to unable to formulate agrarian population to industrial labour. And council passing a resolution that both owners advertisement on social media platforms to schemes or agendas particularly for the post globalization cities have transformed as & tenants should be given homes, half of the call for nominations. One such nomination weaker section. The situation is the case of fertile ground for international capital. So, the land was given to private developer and the filled was a resident from Rajajinagar who filed political parties. Thus, the true objectives of intention of the investors is primarily to other half is reserved only for housing a false case in the Karnataka High Court to the 74th Amendment remain unfulfilled. develop the infrastructure of the cities, so the Srinivas stated that while discussing the 74th previous owners. Currently, the tenants have evict street-vendors, accusing them of purpose of urbanization itself has changed. In Amendment it had been clear that none of the been relocated 15 kms away, and the blocking the storm water drain. One of the Currently representation levels of women are such a privatized context there is lesser scope panellists believed that any social justice had developer has also mortgaged the land. The ward committees in Whitefield passed a at 52 %, compared to the 10% before 1992. Yet, to demand for right than when cities are run been achieved. The reasons behind this must 74th Amendment seems to have done nothing resolution to evict street vendors and they in this representation is merely a number, as by the citizens. In a privatized space, the idea be understood. Changes are required in the to prevent large injustices. Secondly, in the fact got evicted. Thus, urban governance in women representatives still do not have the of share is not taken into consideration, Act to enable social, economic and political case of municipal contract workers and other present times is the luxury of a specific class of power to implement. Women are part of with respect to resources and livelihood justice. The preamble also sets forward a such services such as solid waste people. child-care, health, education and sanitation opportunities. This is because global investors vision is to achieve justice, liberty equality and management which are obligatory functions of committees, but excluded from finance are redesigning and reimaging city spaces fraternity which is impossible without the municipalities, are outsourced to The re-imagination of this Act must happen committees. The participation of women in according to their market purposes. Therefore, achieving social justice. The various laws in the contractors in most cases in the country. In this ground up, but the groundwork of familiarizing slum committees is also nil. There is still no the question of social justice also takes a constitution address issues related to caste, case, why was the outsourcing not prevented with these social movements has not been prevalence of a gender budget in the new dimension. The issue of social justice is gender & religion, but the laws on governance is a pertinent question to ask. Despite the carried out. A high number of individuals municipal council or corporation. Vilas said, disvalued when people from ‘economically made in the 74th Amendment are found to be Street Vendors Act Section 3.3 stating that no involved in urban governance are distant from “Even after representation of 52 women in weaker sections’ are not given an equal status formulated exclusive of issues of caste, gender street vendors shall be relocated or evicted till the farmer’s movement, the trade union the House, there is a need to run rights with respect to citizenship. There is also the and religion, which translates similarly on a survey of all street vendors as well as movements, and the Dalit movement. Thus, a movements in Mumbai. The reservation perspective of ‘poverty alleviation’ where such ground. For instance, in the case of the registration are done, evictions continue to be coalition of all group in the cities ensuring merely serves as a skill development tool and communities are labelled as beneficiaries, as nominations to ward committees in Bangalore, executed. The instance of the mayor of greater diversity in representation to sensitize does not translate into policy level or a burden and exception to the government, the rules states that resident’s association are Bangalore questioning the legality of street about the need to get back the power to the changes in existing schemes.” In one of bastis eating into its budgets. Therefore, social required to register and validate a minimum vendors illustrates this gap in social justice. people is required. This endeavour is to in Mumbai, an area sabha was formed where justice cannot merely be achieved through the number of years of registration. Resident Srinivas commented, “Therefore, nothing in ensure that people from disadvantaged group basic services have not been fulfilled at all. 74th Amendment. Welfare Associations are supposed to be the Act or the rules prevents the widespread get their rights and enjoy equal rights to the As one of the corporators being from a inclusive of all residents in the respective casteist, gendered injustices that are found city as would an individual in a relatively minority category, for the first time in A Review of 74th Constitutional Amendment Act: A National Level Roundtable

The provision of direct elections of mayors is Public Health Engineering & Environmental suggestion. All the government entities presented a highly compromised version of existing bureaucrats and politicians, in the corporations to derive its power from this One key limitation is that many of the key The genesis of the 74th Amendment never 3. Social Justice Achieved problematic in the context of India because Engineering organization, that writes down the depend heavily on the inter-governmental the Act that was accepted in the Parliament. It case of Panchayat Raj System, states had provision in the constitution, earlier the power provisions of the 74th Amendment are ‘may’ broke ground as a bottom-up people’s Only two percent of the ward committees have under the parliamentary system it may happen norms & technical standards for any projects grants; at the same time, these grants are comprehended the complexities of urban already implemented the system, and the was delegated to municipalities by the state provisions which are left to the discretion of movement. There was a significant push for The panellists, Shaktiman Ghosh, National been instituted in the country so far. There is a that the council of members may be elected related to urban water supply, however, under often inadequate & discretionary in nature. All governance and variations in how cities were Amendment to the Act followed suit. By the legislatures. It is interesting to note that very the state. The three lists, that is the central list, the 73rd Amendment that provides for a Hawkers Federation( Kolkata), Vinay Srinivas, need to democratize and decentralize urban from a certain political party, and the mayor the 74th Constitutional Act, ULG’s are these results in the poor financial health of governed. There was a mayor and council 80’s states such as Karnataka, Kerala & West few national constitutions have provisions for state list and the concurrent list wherein the Panchayat Raj, but this was missing in the case Alternate Law Forum(Bengaluru), and Varsha governance especially when we are may happen to be elected from a di erent entrusted with the charges of water supply. ULG’s. system; Chennai gave strong power to the Bengal were way ahead of other states local governance. For instance, the US & many provision involving the division of power of the 74th Amendment, which remained an Vidya Vilas (Mumbai) discussed the session witnessing municipal bodies are being party, in which the municipal decision making Mayor, and Bangalore gave weaker power to leading the way for the rest to catch up. Cities of the EU countries constitutions are devoid of remains within the domain of centre and state afterthought, after the first draft of the 73rd that was chaired by Rajendra Prabhakaran, sidelined by the PPP Model. The Smart Cities process can become cumbersome. The The XXII Schedule does not distinguish ULG’s should be given fiscal autonomy in the Mayor. There was the Rippon Doctrine, were neglected and the course correction such clear provisions for local governance and while only some subjects included in the state was prepared in 1986, only to be replicated Urban Justice Activist. Cities as it was have been exempt of any interference from 1. The Idea of 74th Amendment and Current which contributes to delay in the municipal non-occurrence and poor participation in the between the various categories of ULG’s. The order to set their own tax rate and identify which constituted of representatives where provided by 74th Amendment was undertaken taking US case law in which local governance list are culled out for the local governments. thoughtlessly for urban areas. The drawback conceived in 1992 has undergone change with the existing municipal corporation and will be Status of the 74th Amendment election process. For example, the elections AGM (Annual General Meeting) prove functional domain of larger municipal bodies, sources of revenue. The benefits of public states like Kerala, or West-Bengal got the ritualistically, which was followed by foreign derives its powers from the powers of the state This does not imply that what exists in the in this scenario is a lack of ownership, and respect to the actors, especially the marginal administered by a separate corporation for The panelists of the session, that was chaired were delayed by five years in the Hyderabad detrimental to making ward committee a such as Ahmedabad & Lucknow, is same as services are measurable and accrued to upper hand, on the other hand, we had Mayor direct investment, and external suggestions to government. 74th Amendment shifted the state cannot be taken up by the local unless local governments and citizen groups groups such as street-vendors. Prior to the which the Special Purpose Vehicle (SPV) will by Lalitha Kamath, Associate Professor at Tata Municipal Corporation because the state deliverable body. A few members dominating the functional domain of any transitional or identifiable individuals within the given doctrine like in Bangalore that had a ritual transform urban spaces to ‘world-class cities’, base from which the local governments draw governments, but that some of the powers exert pressure from ground up, the failures of 70’s, the cities were perceived to be a hotspot not be an elected ocial, but through the Institute of Social Sciences (Mumbai), were Leo government did not provide updated rosters the decision-making process, lack of smaller municipalities like Solan in Himachal jurisdiction. Further, it is important to ensure mayor. So, the 74th amendment became a which we now know as smart cities. A slippery power, enabling derivation of power directly may be devolved by the state to the local the top-down structure permeate all areas of of economic and social development. At the secretary for urban department. This has been Saldanha from Environmental Support Group to the state election commission. awareness and non-availability of information Pradesh & Angul in Odisha. The one size fits all the timely constitution of the state finance ritual and taking into consideration that huge situation is enabled where divisiveness is from the constitution, instead of being directed governments. Thus, it cannot be easily said urban life. Global groups like C-40 which are same time, green revolution forced workers done so that, in the case of demolition of slums (Bengaluru), Mathew Idiculla from Centre for among urban citizens, and politically model is found to be dicult to implement due commission and to develop proper norms for financial inputs of that time. The 74th aggravated and is expected to reach through the state law. The Indian Constitution that we have a three-tier federal system, as we city-wide networks working globally, but we out of their villages, into the cities. These for redevelopment activities, the elected Law & Policy Research (Bengaluru) and Fragmentation of political authority: motivated nominations of members defeat the to the varied characteristics of di erent urban estimating expenditure needs, and crucially amendment constitutes of reservation, unprecedented levels in creating world-class in 1950s hardly had any mention of local clearly find two units of government have no city-wide local government networks communities became unemployed overnight, ocial is not held accountable. 496 cities have Soumyadeep Chattopadhyay who teaches at Article 243-R states that the state legislature very purpose of transforming the ward areas in India. time synchronization of the constitution of representativeness, ground-up planning, etc. cities. governments but was enlisted as item 5 in List functioning, subordinated by a weak half-unit, which are crucial for better functioning. This is as a result of rapidly industrializing urban been accorded the AMRUT status, yet 70% of Vishwa Bharati University (Shantiniketan, provides the process for the election of a committee as an apolitical body. SFC’s, submission of the report, and but their visions are not what the elite wanted. ii- (Seventh Schedule) under ‘local as the structure of governance. necessary to phase out the existing ways of space that required a di erent technical skill the urban power have been found to reside in Kolkata) mayor, but the roles and functions of the mayor “The need for mayor and council, under preparation of the implementation report to The type of investment decisions that took Article 243-Z(e.), states that planning should governments’ which meant that local merely executing the orders by the state set. There was a wave of liberalization, these cities. The contradiction between the are not clearly defined. The details of the Incomplete functional devolution: whom serves the commissioner and the SFC’s on a timely basis. place at that time was based on a competitive begin from the ward committee level upwards. governments are state subjects. Also, the The 73rd Amendment provided for a multi-tier government. privatization, and globalization paralelly e orts informal sector and the governments agenda Political Empowerment: provisions have been left to the discretion of Functional devolution of powers allocated to municipal bodies should be empowered with paradigm. There was no real Instead, the system functions top-down, and provision of Article 40, a directive principle of local government system, comprising of were taken to strengthen participatory of making rapid growth in GDP, has led to vast Article 243 makes direct elections mandatory the state governments. As per the CAA, the the ULG’s can at best be deemed partial, as all the above departmental sectors and smart Saldanha noted that the e orts to implement representativeness or understanding of what the proposals follow suit showing the ritualistic state policy which talks about empowering panchayats at the village, taluk, and at the Thus, it is critical to chalk out our priorities, democracy through decentralisation. economic inequalities and consequentially for all the seats in the municipal council, and as fixed tenure of municipal governments is of the state government executes the city SPV should function under the municipal the 74th Amendment Act was largely finance does to cities, in fact, the chief treatment of the 74th Amendment. The village panchayats, but the 74th Amendment district level, whereas the 74th Amendment because most of the civil society organizations Workers here who have been labelled as inequalities related to housing and per article 243-K & 243-Z(a.). The state five years, although the tenure and mode of implementation. Most of the functions corporations as to ensure the democratically unfinished business which made it essential to ministers were not seen as people who were process is still at its early stages with the essentially mandated the constitution of urban provides for a one-tier system, and this often and the elite rhetoric are related to “unskilled” with the e ects of urbanisation, are infrastructure. The government has only election commission has been entrusted with election of mayors varies from state to state. In mentioned in the XXII Schedule already form a elected local self-government’s say in the probe into the reasons of its happenings. accountable to an electorate. In Karnataka, primary goal being to get the constituting ward local governance in all urban areas. It is not a seen as a barrier in the context of big cities establishing ward committees and identified as ‘poor’ by the government contributed to this situation, and concepts like the task of supervising the municipal election states like Rajasthan, Uttar Pradesh, and Bihar part of the state list in the VII Schedule. Typical local decision-making process” – Soumyadip Kerala & West Bengal were the most groups like Janaagraha which started committee right. It is the mayor who is discretion, but instead the Statement of Object where multiple levels of complexities exist. Metropolitan Planning Committees (MPC’S), schemes despite being the primary Smart Cities do not permit any realization of process. However, if we take note of the mayors are directly elected for five years, state responses have been creating parastatal Chattopadhyay talked-about models of municipalities, but promoting urbanization were given the prime delegated the power to exert pressure on the & Reasons that the 74th Amendment gave, The functions under the XXII Schedule are not and the demand for empowering the local contributors in creating and sustaining the social justice, and it is the presence of these implementation process, it clearly appears that whereas in metropolitan cities like Bengaluru agencies and SPV’s (Special Purpose Vehicle) gradually the lumpenisation of politics was seat in power, and groups that opposed and commissioner to ensure such provisions are which included local elections not being often not devolved to the local governments government has been absent from most cities. These communities are doubly economic contradictions which is at the root of many states have not adhered to mandatory and Delhi mayors are elected indirectly for a to purvey some of the specified municipal Financial Disempowerment: also taking shape in these two regions. pushed for decentralization and devolution of instated on the ground. It certainly should not conducted, improper functioning of local hence they do not possess independent discussions. It is important that we steer away alienated in terms of materially and social the government’s need to push the informal provisions of holding regular elections as period of one year, and in Mumbai, mayors functions as regard to delegation of power to The 74th Amendment Act does not mention power were kept on the side-lines. The require citizens to submit such petitions to bodies, lack of devolution of power, all of powers. In addition to this, 18 functions from solely referring to MPC’s & ward deprivation. sector outside the city. mentioned in 74th CAA. For instance, the city were elected for a period of two and half years. municipal bodies. Fragmentation of the handling of revenue for the municipal The politics of Karnataka, for instance, defined understanding of the vision of the 74th initiate change. The speaker closed the which changed with the introduction of the enlisted in the XXII Schedule are not found to committees in our discussions but moving of Vishakhapatnam & Chennai has not held governments with multiple entities operating bodies and has resulted in problems most elected representatives (MLAs) from rural Amendment was skewed, and their e orts at speech on the note that researchers and 74th Amendment which clearly mandated the be comprehensive. The other inherent issues forward the core body of the local government Shaktiman Ghosh opened by discussing about In the Olga Tellis v. Bombay Municipal municipal elections since 2011 & 2006. at the city level is problematic. In the case of associated with finances of the ULG’s. Article areas while highly urbanised centres like creating a ‘world-class’ city was often found activists working on urban issues are required constitution of urban local governments. in the 74th Amendment is that some of should be the point of departure henceforth. the shift towards a consumeristic state from Corporation Case Justice Chandrachud stated Municipal Corporation of Greater 243-Y, which requires the state to set up the Bangalore played a major role in shaping exclusive to their experience of urban planning to reconsider ways of deconstructing the key functions are not included in the There have been suggestions to include welfare state. For example, governments’ 2015 that ‘hawking is a right’ resonant in the idea Very low voters’ turnout in municipal elections Mumbai(MCGM), which is responsible state finance commission and the insertion power at the state. The focus in 80s narrowed in the United States. Be it the work of H.D. structures of power. The debate centres on the question of the XXII Schedule. Other limitations include the further amendments, such amending the smart cities scheme looked at cities as a that life is livelihood, and even after has been observed, reason being: preparation decision-making cities development but it of 3(c) into Article 280 which requires the down on appointment of the commissioner, Gowde in 1995, followed by S.M. Krishna from implementation status of the 74th, despite the absence of a Gram Sabha equivalent in the Article 243 Part 9A which was added in the consumeristic privilege where they chose to introduction of the Street Vendors in 2014, and updating of urban electoral rolls, lacks many substitute powers related to urban central finance commissions to make who would be expected to e ectively manage 1999 to 2004, were modelled on a way of There are multiple ways of looking at the 74th good provisions that it contains. The second cities and the Industrial Township Exception 74th Amendment. If an amendment is to be consciously ignore the urban poor citizens. It is most cities are in the process of removing conducting elections, and delimitation and planning & land use. It does not have any recommendations for augmenting the the municipality, which gave rise to numerous thinking that preferred parastatals to run the Amendment, but Idiculla focused on three question is about tracing out the reasons which makes it mandatory for all urban areas made, what are the principles guiding such a to be questioned whether the state hawkers from the streets. The government reservation of voters are managed by multiple independent authority to lease land & to raise consolidated fund of the state. Many state commissioners. These commissioners city, and these parastatal imaginations were questions primarily. The questions that were behind the existence of weak local to constitute local self-governments, expect step that drive urban governance reform? government or the central government has the seems to unwilling to accommodate such institutions making the process highly revenue independently. governments have failed to constitute state campaigned for proper water supply, city not necessarily woven out of urban planning examined were: the need and crucial role of governments in present times. There are in the case where areas have been Therefore, this proves to be an instrumental political will to implement this Act. Recently, groups of people in their vision for the city. The unaccountable. In the context of municipal finance commissions and there is an absence clean-ups & fixed public transport in a and governance-centric discussions, but can 74th Amendment, why ULG’s continue to weak multiple ways of looking at “implementation demarked as industrial townships by the starting point to instigate such discussions for the mayor of Delhi stated the decision to requirements for the city as well as the urban bodies, ULG’s are in mandate with reservation Considering the case of water supply, the of a universal and acceptable methodology. centralized manner. Thereby, centralization & be seen to be outcome of the green despite 25 years of the Amendment and ways failure”. One is, the inherent limitations of the state governments. The absence of separate the future. attend a meeting that can only be taken with poor are not taken into consideration by the for women & backward castes, and this is government of India is the biggest funder, The state government enjoys the discretion in privatization caught up as parallel processes in revolution, and of the irrigation projects. in which governance should be organized for 74th Amendment which hinders it from being a tax and finance domain and the absolute approval of the municipal commissioner which planners of the city. Ghosh said, “The Urban problematic because the process is not but it does not directly influence the the devolution of functional responsibilities India. Despite complex amendments, state the future could be rethought. powerful institution, and secondly, even control by the state finance commission is yet contradicts the mandate of the 74th Renewal Mission a joint initiative of the Indian transparent and accountable. The entire implementation, rather it exerts influence which makes it dicult for the central financial governments were unwilling to give up on though there are provisions, are not another inherent limitation. Amendment which accords power to the Government & donor organisation, and the reservation system results in a lot of litigations, 11 through various stakeholder. The Central commission to provide any concrete The union urban development minister, in 1992 parastatals, as it entailed ceding power by The 74th Amendment provides for municipal implemented properly. elected mayor. Smart Cities Mission all reflect of similar

exclusionary attitudes. How then can social layouts. Yet, it is often found that the to prevail. Hence, we do not need a tinkering up-scale neighbourhood. Lastly, the preamble Mumbai, and health specific budget was justice then be achieved in a society where association is exclusive only to people of a of the Act such as mohallah sabhas or ward and the constitution should be put to the right allocated and formulated through public prominence is given to western standards of certain class, who can influence rules and committees, but we need a fundamental use to reimagine the 74th Amendment. participation. This was done through the consumption and such actors who make nominations of the ward committees. The rules alteration of the 74th Amendment, to Vilas opined that it was desirable that the administration and the corporators, wherein significant contributions to the city are are devoid of any clause which ensures reimagine the ways our cities are built.” In e orts towards the implementation of the they had to firstly, answer questions posed by, excluded?” There is no housing rights diversity and greater participation from addition to this, the chances of a slum Amendment are posed questions. Firstly, with identify and prioritize citizen needs. Therefore, movement to resist and cease unlawful disadvantaged sections of the society in representative winning an election is low respect to participation, when reservation was to achieve, power to and for the people, work evictions. Street vendors movements are Karnataka. In Kerala, registered trade union considering the large sums of money pumped, implemented for the first time in Maharashtra, must be directed towards filling the lacunae in active across the country and many other members are required to constitute ward in return for power. The Street Vendors Act there was 15% reservation for SC’s, 60% for the Act. citizens are expected to participate in the committees, and in the case of West Bengal, provides for an elected Town Vendors ST’s, 27% for OBC, and 50 % for women overall movement. It is through sustained resistance women BPL cardholders are required to be in Committee in every municipality, which has a in 15 municipal corporations. Although Therefore, the fundamental questions that the space of social justice can be the ward committees. Now let us consider 40% reservation of seats to be filled by direct representation could have been better, the discussed were about the changes that have reclaimed. three disadvantaged groups in the city, election. In the case of Delhi Municipal responsibilities of these elected taken place in the urban space in the last 10-15 street-vendors, pourakarmikas, (waste pickers) Corporation, some street vendor leaders were representatives are not confined to one. years, the meaning of old and new and slum-dwellers. The Ejipura Slum elected, but along with them, were few leaders Similarly, when caste-based reservations are urbanisations to the city and whose vision was Demolition case in Bangalore involved 900 of ostentatious appearance and personality made, these are not exclusively for the weaker accepted when cities were renewed and odd people living in multi-storeyed buildings, who were known to splurge for the cause of sections, but for all those who fall into those reorganized. Before the 70’s the primary which collapsed eventually, and these houses the election. On the other hand, in the case of categories. Hence, when the elected function of the urban space was were given out on rent despite being nominations there were di erent resident representatives from the above stated industrialization, and to convert the ousted uninhabitable by the owners. Despite the groups and civic forums who put out an online categories are found to unable to formulate agrarian population to industrial labour. And council passing a resolution that both owners advertisement on social media platforms to schemes or agendas particularly for the post globalization cities have transformed as & tenants should be given homes, half of the call for nominations. One such nomination weaker section. The situation is the case of fertile ground for international capital. So, the land was given to private developer and the filled was a resident from Rajajinagar who filed political parties. Thus, the true objectives of intention of the investors is primarily to other half is reserved only for housing a false case in the Karnataka High Court to the 74th Amendment remain unfulfilled. develop the infrastructure of the cities, so the Srinivas stated that while discussing the 74th previous owners. Currently, the tenants have evict street-vendors, accusing them of purpose of urbanization itself has changed. In Amendment it had been clear that none of the been relocated 15 kms away, and the blocking the storm water drain. One of the Currently representation levels of women are such a privatized context there is lesser scope panellists believed that any social justice had developer has also mortgaged the land. The ward committees in Whitefield passed a at 52 %, compared to the 10% before 1992. Yet, to demand for right than when cities are run been achieved. The reasons behind this must 74th Amendment seems to have done nothing resolution to evict street vendors and they in this representation is merely a number, as by the citizens. In a privatized space, the idea be understood. Changes are required in the to prevent large injustices. Secondly, in the fact got evicted. Thus, urban governance in women representatives still do not have the of share is not taken into consideration, Act to enable social, economic and political case of municipal contract workers and other present times is the luxury of a specific class of power to implement. Women are part of with respect to resources and livelihood justice. The preamble also sets forward a such services such as solid waste people. child-care, health, education and sanitation opportunities. This is because global investors vision is to achieve justice, liberty equality and management which are obligatory functions of committees, but excluded from finance are redesigning and reimaging city spaces fraternity which is impossible without the municipalities, are outsourced to The re-imagination of this Act must happen committees. The participation of women in according to their market purposes. Therefore, achieving social justice. The various laws in the contractors in most cases in the country. In this ground up, but the groundwork of familiarizing slum committees is also nil. There is still no the question of social justice also takes a constitution address issues related to caste, case, why was the outsourcing not prevented with these social movements has not been prevalence of a gender budget in the new dimension. The issue of social justice is gender & religion, but the laws on governance is a pertinent question to ask. Despite the carried out. A high number of individuals municipal council or corporation. Vilas said, disvalued when people from ‘economically made in the 74th Amendment are found to be Street Vendors Act Section 3.3 stating that no involved in urban governance are distant from “Even after representation of 52 women in weaker sections’ are not given an equal status formulated exclusive of issues of caste, gender street vendors shall be relocated or evicted till the farmer’s movement, the trade union the House, there is a need to run rights with respect to citizenship. There is also the and religion, which translates similarly on a survey of all street vendors as well as movements, and the Dalit movement. Thus, a movements in Mumbai. The reservation perspective of ‘poverty alleviation’ where such ground. For instance, in the case of the registration are done, evictions continue to be coalition of all group in the cities ensuring merely serves as a skill development tool and communities are labelled as beneficiaries, as nominations to ward committees in Bangalore, executed. The instance of the mayor of greater diversity in representation to sensitize does not translate into policy level or a burden and exception to the government, the rules states that resident’s association are Bangalore questioning the legality of street about the need to get back the power to the changes in existing schemes.” In one of bastis eating into its budgets. Therefore, social required to register and validate a minimum vendors illustrates this gap in social justice. people is required. This endeavour is to in Mumbai, an area sabha was formed where justice cannot merely be achieved through the number of years of registration. Resident Srinivas commented, “Therefore, nothing in ensure that people from disadvantaged group basic services have not been fulfilled at all. 74th Amendment. Welfare Associations are supposed to be the Act or the rules prevents the widespread get their rights and enjoy equal rights to the As one of the corporators being from a inclusive of all residents in the respective casteist, gendered injustices that are found city as would an individual in a relatively minority category, for the first time in A Review of 74th Constitutional Amendment Act: A National Level Roundtable

The provision of direct elections of mayors is Public Health Engineering & Environmental suggestion. All the government entities presented a highly compromised version of existing bureaucrats and politicians, in the corporations to derive its power from this One key limitation is that many of the key The genesis of the 74th Amendment never 3. Social Justice Achieved problematic in the context of India because Engineering organization, that writes down the depend heavily on the inter-governmental the Act that was accepted in the Parliament. It case of Panchayat Raj System, states had provision in the constitution, earlier the power provisions of the 74th Amendment are ‘may’ broke ground as a bottom-up people’s Only two percent of the ward committees have under the parliamentary system it may happen norms & technical standards for any projects grants; at the same time, these grants are comprehended the complexities of urban already implemented the system, and the was delegated to municipalities by the state provisions which are left to the discretion of movement. There was a significant push for The panellists, Shaktiman Ghosh, National been instituted in the country so far. There is a that the council of members may be elected related to urban water supply, however, under often inadequate & discretionary in nature. All governance and variations in how cities were Amendment to the Act followed suit. By the legislatures. It is interesting to note that very the state. The three lists, that is the central list, the 73rd Amendment that provides for a Hawkers Federation( Kolkata), Vinay Srinivas, need to democratize and decentralize urban from a certain political party, and the mayor the 74th Constitutional Act, ULG’s are these results in the poor financial health of governed. There was a mayor and council 80’s states such as Karnataka, Kerala & West few national constitutions have provisions for state list and the concurrent list wherein the Panchayat Raj, but this was missing in the case Alternate Law Forum(Bengaluru), and Varsha governance especially when we are may happen to be elected from a di erent entrusted with the charges of water supply. ULG’s. system; Chennai gave strong power to the Bengal were way ahead of other states local governance. For instance, the US & many provision involving the division of power of the 74th Amendment, which remained an Vidya Vilas (Mumbai) discussed the session witnessing municipal bodies are being party, in which the municipal decision making Mayor, and Bangalore gave weaker power to leading the way for the rest to catch up. Cities of the EU countries constitutions are devoid of remains within the domain of centre and state afterthought, after the first draft of the 73rd that was chaired by Rajendra Prabhakaran, sidelined by the PPP Model. The Smart Cities process can become cumbersome. The The XXII Schedule does not distinguish ULG’s should be given fiscal autonomy in the Mayor. There was the Rippon Doctrine, were neglected and the course correction such clear provisions for local governance and while only some subjects included in the state was prepared in 1986, only to be replicated Urban Justice Activist. Cities as it was have been exempt of any interference from 1. The Idea of 74th Amendment and Current which contributes to delay in the municipal non-occurrence and poor participation in the between the various categories of ULG’s. The order to set their own tax rate and identify which constituted of representatives where provided by 74th Amendment was undertaken taking US case law in which local governance list are culled out for the local governments. thoughtlessly for urban areas. The drawback conceived in 1992 has undergone change with the existing municipal corporation and will be Status of the 74th Amendment election process. For example, the elections AGM (Annual General Meeting) prove functional domain of larger municipal bodies, sources of revenue. The benefits of public states like Kerala, or West-Bengal got the ritualistically, which was followed by foreign derives its powers from the powers of the state This does not imply that what exists in the in this scenario is a lack of ownership, and respect to the actors, especially the marginal administered by a separate corporation for The panelists of the session, that was chaired were delayed by five years in the Hyderabad detrimental to making ward committee a such as Ahmedabad & Lucknow, is same as services are measurable and accrued to upper hand, on the other hand, we had Mayor direct investment, and external suggestions to government. 74th Amendment shifted the state cannot be taken up by the local unless local governments and citizen groups groups such as street-vendors. Prior to the which the Special Purpose Vehicle (SPV) will by Lalitha Kamath, Associate Professor at Tata Municipal Corporation because the state deliverable body. A few members dominating the functional domain of any transitional or identifiable individuals within the given doctrine like in Bangalore that had a ritual transform urban spaces to ‘world-class cities’, base from which the local governments draw governments, but that some of the powers exert pressure from ground up, the failures of 70’s, the cities were perceived to be a hotspot not be an elected ocial, but through the Institute of Social Sciences (Mumbai), were Leo government did not provide updated rosters the decision-making process, lack of smaller municipalities like Solan in Himachal jurisdiction. Further, it is important to ensure mayor. So, the 74th amendment became a which we now know as smart cities. A slippery power, enabling derivation of power directly may be devolved by the state to the local the top-down structure permeate all areas of of economic and social development. At the secretary for urban department. This has been Saldanha from Environmental Support Group to the state election commission. awareness and non-availability of information Pradesh & Angul in Odisha. The one size fits all the timely constitution of the state finance ritual and taking into consideration that huge situation is enabled where divisiveness is from the constitution, instead of being directed governments. Thus, it cannot be easily said urban life. Global groups like C-40 which are same time, green revolution forced workers done so that, in the case of demolition of slums (Bengaluru), Mathew Idiculla from Centre for among urban citizens, and politically model is found to be dicult to implement due commission and to develop proper norms for financial inputs of that time. The 74th aggravated and is expected to reach through the state law. The Indian Constitution that we have a three-tier federal system, as we city-wide networks working globally, but we out of their villages, into the cities. These for redevelopment activities, the elected Law & Policy Research (Bengaluru) and Fragmentation of political authority: motivated nominations of members defeat the to the varied characteristics of di erent urban estimating expenditure needs, and crucially amendment constitutes of reservation, unprecedented levels in creating world-class in 1950s hardly had any mention of local clearly find two units of government have no city-wide local government networks communities became unemployed overnight, ocial is not held accountable. 496 cities have Soumyadeep Chattopadhyay who teaches at Article 243-R states that the state legislature very purpose of transforming the ward areas in India. time synchronization of the constitution of representativeness, ground-up planning, etc. cities. governments but was enlisted as item 5 in List functioning, subordinated by a weak half-unit, which are crucial for better functioning. This is as a result of rapidly industrializing urban been accorded the AMRUT status, yet 70% of Vishwa Bharati University (Shantiniketan, provides the process for the election of a committee as an apolitical body. SFC’s, submission of the report, and but their visions are not what the elite wanted. ii- (Seventh Schedule) under ‘local as the structure of governance. necessary to phase out the existing ways of space that required a di erent technical skill the urban power have been found to reside in Kolkata) mayor, but the roles and functions of the mayor “The need for mayor and council, under preparation of the implementation report to The type of investment decisions that took Article 243-Z(e.), states that planning should governments’ which meant that local merely executing the orders by the state set. There was a wave of liberalization, these cities. The contradiction between the are not clearly defined. The details of the Incomplete functional devolution: whom serves the commissioner and the SFC’s on a timely basis. place at that time was based on a competitive begin from the ward committee level upwards. governments are state subjects. Also, the The 73rd Amendment provided for a multi-tier government. privatization, and globalization paralelly e orts informal sector and the governments agenda Political Empowerment: provisions have been left to the discretion of Functional devolution of powers allocated to municipal bodies should be empowered with paradigm. There was no real Instead, the system functions top-down, and provision of Article 40, a directive principle of local government system, comprising of were taken to strengthen participatory of making rapid growth in GDP, has led to vast Article 243 makes direct elections mandatory the state governments. As per the CAA, the the ULG’s can at best be deemed partial, as all the above departmental sectors and smart Saldanha noted that the e orts to implement representativeness or understanding of what the proposals follow suit showing the ritualistic state policy which talks about empowering panchayats at the village, taluk, and at the Thus, it is critical to chalk out our priorities, democracy through decentralisation. economic inequalities and consequentially for all the seats in the municipal council, and as fixed tenure of municipal governments is of the state government executes the city SPV should function under the municipal the 74th Amendment Act was largely finance does to cities, in fact, the chief treatment of the 74th Amendment. The village panchayats, but the 74th Amendment district level, whereas the 74th Amendment because most of the civil society organizations Workers here who have been labelled as inequalities related to housing and per article 243-K & 243-Z(a.). The state five years, although the tenure and mode of implementation. Most of the functions corporations as to ensure the democratically unfinished business which made it essential to ministers were not seen as people who were process is still at its early stages with the essentially mandated the constitution of urban provides for a one-tier system, and this often and the elite rhetoric are related to “unskilled” with the e ects of urbanisation, are infrastructure. The government has only election commission has been entrusted with election of mayors varies from state to state. In mentioned in the XXII Schedule already form a elected local self-government’s say in the probe into the reasons of its happenings. accountable to an electorate. In Karnataka, primary goal being to get the constituting ward local governance in all urban areas. It is not a seen as a barrier in the context of big cities establishing ward committees and identified as ‘poor’ by the government contributed to this situation, and concepts like the task of supervising the municipal election states like Rajasthan, Uttar Pradesh, and Bihar part of the state list in the VII Schedule. Typical local decision-making process” – Soumyadip Kerala & West Bengal were the most groups like Janaagraha which started committee right. It is the mayor who is discretion, but instead the Statement of Object where multiple levels of complexities exist. Metropolitan Planning Committees (MPC’S), schemes despite being the primary Smart Cities do not permit any realization of process. However, if we take note of the mayors are directly elected for five years, state responses have been creating parastatal Chattopadhyay talked-about models of municipalities, but promoting urbanization were given the prime delegated the power to exert pressure on the & Reasons that the 74th Amendment gave, The functions under the XXII Schedule are not and the demand for empowering the local contributors in creating and sustaining the social justice, and it is the presence of these implementation process, it clearly appears that whereas in metropolitan cities like Bengaluru agencies and SPV’s (Special Purpose Vehicle) gradually the lumpenisation of politics was seat in power, and groups that opposed and commissioner to ensure such provisions are which included local elections not being often not devolved to the local governments government has been absent from most cities. These communities are doubly economic contradictions which is at the root of many states have not adhered to mandatory and Delhi mayors are elected indirectly for a to purvey some of the specified municipal Financial Disempowerment: also taking shape in these two regions. pushed for decentralization and devolution of instated on the ground. It certainly should not conducted, improper functioning of local hence they do not possess independent discussions. It is important that we steer away alienated in terms of materially and social the government’s need to push the informal provisions of holding regular elections as period of one year, and in Mumbai, mayors functions as regard to delegation of power to The 74th Amendment Act does not mention power were kept on the side-lines. The require citizens to submit such petitions to bodies, lack of devolution of power, all of powers. In addition to this, 18 functions from solely referring to MPC’s & ward deprivation. sector outside the city. mentioned in 74th CAA. For instance, the city were elected for a period of two and half years. municipal bodies. Fragmentation of the handling of revenue for the municipal The politics of Karnataka, for instance, defined understanding of the vision of the 74th initiate change. The speaker closed the which changed with the introduction of the enlisted in the XXII Schedule are not found to committees in our discussions but moving of Vishakhapatnam & Chennai has not held governments with multiple entities operating bodies and has resulted in problems most elected representatives (MLAs) from rural Amendment was skewed, and their e orts at speech on the note that researchers and 74th Amendment which clearly mandated the be comprehensive. The other inherent issues forward the core body of the local government Shaktiman Ghosh opened by discussing about In the Olga Tellis v. Bombay Municipal municipal elections since 2011 & 2006. at the city level is problematic. In the case of associated with finances of the ULG’s. Article areas while highly urbanised centres like creating a ‘world-class’ city was often found activists working on urban issues are required constitution of urban local governments. in the 74th Amendment is that some of should be the point of departure henceforth. the shift towards a consumeristic state from Corporation Case Justice Chandrachud stated Municipal Corporation of Greater 243-Y, which requires the state to set up the Bangalore played a major role in shaping exclusive to their experience of urban planning to reconsider ways of deconstructing the key functions are not included in the There have been suggestions to include welfare state. For example, governments’ 2015 that ‘hawking is a right’ resonant in the idea Very low voters’ turnout in municipal elections Mumbai(MCGM), which is responsible state finance commission and the insertion power at the state. The focus in 80s narrowed in the United States. Be it the work of H.D. structures of power. The debate centres on the question of the XXII Schedule. Other limitations include the further amendments, such amending the smart cities scheme looked at cities as a that life is livelihood, and even after has been observed, reason being: preparation decision-making cities development but it of 3(c) into Article 280 which requires the down on appointment of the commissioner, Gowde in 1995, followed by S.M. Krishna from implementation status of the 74th, despite the absence of a Gram Sabha equivalent in the Article 243 Part 9A which was added in the consumeristic privilege where they chose to introduction of the Street Vendors in 2014, and updating of urban electoral rolls, lacks many substitute powers related to urban central finance commissions to make who would be expected to e ectively manage 1999 to 2004, were modelled on a way of There are multiple ways of looking at the 74th good provisions that it contains. The second cities and the Industrial Township Exception 74th Amendment. If an amendment is to be consciously ignore the urban poor citizens. It is most cities are in the process of removing conducting elections, and delimitation and planning & land use. It does not have any recommendations for augmenting the the municipality, which gave rise to numerous thinking that preferred parastatals to run the Amendment, but Idiculla focused on three question is about tracing out the reasons which makes it mandatory for all urban areas made, what are the principles guiding such a to be questioned whether the state hawkers from the streets. The government reservation of voters are managed by multiple independent authority to lease land & to raise consolidated fund of the state. Many state commissioners. These commissioners city, and these parastatal imaginations were questions primarily. The questions that were behind the existence of weak local to constitute local self-governments, expect step that drive urban governance reform? government or the central government has the seems to unwilling to accommodate such institutions making the process highly revenue independently. governments have failed to constitute state campaigned for proper water supply, city not necessarily woven out of urban planning examined were: the need and crucial role of governments in present times. There are in the case where areas have been Therefore, this proves to be an instrumental political will to implement this Act. Recently, groups of people in their vision for the city. The unaccountable. In the context of municipal finance commissions and there is an absence clean-ups & fixed public transport in a and governance-centric discussions, but can 74th Amendment, why ULG’s continue to weak multiple ways of looking at “implementation demarked as industrial townships by the starting point to instigate such discussions for the mayor of Delhi stated the decision to requirements for the city as well as the urban bodies, ULG’s are in mandate with reservation Considering the case of water supply, the of a universal and acceptable methodology. centralized manner. Thereby, centralization & be seen to be outcome of the green despite 25 years of the Amendment and ways failure”. One is, the inherent limitations of the state governments. The absence of separate the future. attend a meeting that can only be taken with poor are not taken into consideration by the for women & backward castes, and this is government of India is the biggest funder, The state government enjoys the discretion in privatization caught up as parallel processes in revolution, and of the irrigation projects. in which governance should be organized for 74th Amendment which hinders it from being a tax and finance domain and the absolute approval of the municipal commissioner which planners of the city. Ghosh said, “The Urban problematic because the process is not but it does not directly influence the the devolution of functional responsibilities India. Despite complex amendments, state the future could be rethought. powerful institution, and secondly, even control by the state finance commission is yet contradicts the mandate of the 74th Renewal Mission a joint initiative of the Indian transparent and accountable. The entire implementation, rather it exerts influence which makes it dicult for the central financial governments were unwilling to give up on though there are provisions, are not another inherent limitation. Amendment which accords power to the Government & donor organisation, and the reservation system results in a lot of litigations, through various stakeholder. The Central commission to provide any concrete The union urban development minister, in 1992 parastatals, as it entailed ceding power by 12 The 74th Amendment provides for municipal implemented properly. elected mayor. Smart Cities Mission all reflect of similar

exclusionary attitudes. How then can social layouts. Yet, it is often found that the to prevail. Hence, we do not need a tinkering up-scale neighbourhood. Lastly, the preamble Mumbai, and health specific budget was justice then be achieved in a society where association is exclusive only to people of a of the Act such as mohallah sabhas or ward and the constitution should be put to the right allocated and formulated through public prominence is given to western standards of certain class, who can influence rules and committees, but we need a fundamental use to reimagine the 74th Amendment. participation. This was done through the consumption and such actors who make nominations of the ward committees. The rules alteration of the 74th Amendment, to Vilas opined that it was desirable that the administration and the corporators, wherein significant contributions to the city are are devoid of any clause which ensures reimagine the ways our cities are built.” In e orts towards the implementation of the they had to firstly, answer questions posed by, excluded?” There is no housing rights diversity and greater participation from addition to this, the chances of a slum Amendment are posed questions. Firstly, with identify and prioritize citizen needs. Therefore, movement to resist and cease unlawful disadvantaged sections of the society in representative winning an election is low respect to participation, when reservation was to achieve, power to and for the people, work evictions. Street vendors movements are Karnataka. In Kerala, registered trade union considering the large sums of money pumped, implemented for the first time in Maharashtra, must be directed towards filling the lacunae in active across the country and many other members are required to constitute ward in return for power. The Street Vendors Act there was 15% reservation for SC’s, 60% for the Act. citizens are expected to participate in the committees, and in the case of West Bengal, provides for an elected Town Vendors ST’s, 27% for OBC, and 50 % for women overall movement. It is through sustained resistance women BPL cardholders are required to be in Committee in every municipality, which has a in 15 municipal corporations. Although Therefore, the fundamental questions that the space of social justice can be the ward committees. Now let us consider 40% reservation of seats to be filled by direct representation could have been better, the discussed were about the changes that have reclaimed. three disadvantaged groups in the city, election. In the case of Delhi Municipal responsibilities of these elected taken place in the urban space in the last 10-15 street-vendors, pourakarmikas, (waste pickers) Corporation, some street vendor leaders were representatives are not confined to one. years, the meaning of old and new and slum-dwellers. The Ejipura Slum elected, but along with them, were few leaders Similarly, when caste-based reservations are urbanisations to the city and whose vision was Demolition case in Bangalore involved 900 of ostentatious appearance and personality made, these are not exclusively for the weaker accepted when cities were renewed and odd people living in multi-storeyed buildings, who were known to splurge for the cause of sections, but for all those who fall into those reorganized. Before the 70’s the primary which collapsed eventually, and these houses the election. On the other hand, in the case of categories. Hence, when the elected function of the urban space was were given out on rent despite being nominations there were di erent resident representatives from the above stated industrialization, and to convert the ousted uninhabitable by the owners. Despite the groups and civic forums who put out an online categories are found to unable to formulate agrarian population to industrial labour. And council passing a resolution that both owners advertisement on social media platforms to schemes or agendas particularly for the post globalization cities have transformed as & tenants should be given homes, half of the call for nominations. One such nomination weaker section. The situation is the case of fertile ground for international capital. So, the land was given to private developer and the filled was a resident from Rajajinagar who filed political parties. Thus, the true objectives of intention of the investors is primarily to other half is reserved only for housing a false case in the Karnataka High Court to the 74th Amendment remain unfulfilled. develop the infrastructure of the cities, so the Srinivas stated that while discussing the 74th previous owners. Currently, the tenants have evict street-vendors, accusing them of purpose of urbanization itself has changed. In Amendment it had been clear that none of the been relocated 15 kms away, and the blocking the storm water drain. One of the Currently representation levels of women are such a privatized context there is lesser scope panellists believed that any social justice had developer has also mortgaged the land. The ward committees in Whitefield passed a at 52 %, compared to the 10% before 1992. Yet, to demand for right than when cities are run been achieved. The reasons behind this must 74th Amendment seems to have done nothing resolution to evict street vendors and they in this representation is merely a number, as by the citizens. In a privatized space, the idea be understood. Changes are required in the to prevent large injustices. Secondly, in the fact got evicted. Thus, urban governance in women representatives still do not have the of share is not taken into consideration, Act to enable social, economic and political case of municipal contract workers and other present times is the luxury of a specific class of power to implement. Women are part of with respect to resources and livelihood justice. The preamble also sets forward a such services such as solid waste people. child-care, health, education and sanitation opportunities. This is because global investors vision is to achieve justice, liberty equality and management which are obligatory functions of committees, but excluded from finance are redesigning and reimaging city spaces fraternity which is impossible without the municipalities, are outsourced to The re-imagination of this Act must happen committees. The participation of women in according to their market purposes. Therefore, achieving social justice. The various laws in the contractors in most cases in the country. In this ground up, but the groundwork of familiarizing slum committees is also nil. There is still no the question of social justice also takes a constitution address issues related to caste, case, why was the outsourcing not prevented with these social movements has not been prevalence of a gender budget in the new dimension. The issue of social justice is gender & religion, but the laws on governance is a pertinent question to ask. Despite the carried out. A high number of individuals municipal council or corporation. Vilas said, disvalued when people from ‘economically made in the 74th Amendment are found to be Street Vendors Act Section 3.3 stating that no involved in urban governance are distant from “Even after representation of 52 women in weaker sections’ are not given an equal status formulated exclusive of issues of caste, gender street vendors shall be relocated or evicted till the farmer’s movement, the trade union the House, there is a need to run rights with respect to citizenship. There is also the and religion, which translates similarly on a survey of all street vendors as well as movements, and the Dalit movement. Thus, a movements in Mumbai. The reservation perspective of ‘poverty alleviation’ where such ground. For instance, in the case of the registration are done, evictions continue to be coalition of all group in the cities ensuring merely serves as a skill development tool and communities are labelled as beneficiaries, as nominations to ward committees in Bangalore, executed. The instance of the mayor of greater diversity in representation to sensitize does not translate into policy level or a burden and exception to the government, the rules states that resident’s association are Bangalore questioning the legality of street about the need to get back the power to the changes in existing schemes.” In one of bastis eating into its budgets. Therefore, social required to register and validate a minimum vendors illustrates this gap in social justice. people is required. This endeavour is to in Mumbai, an area sabha was formed where justice cannot merely be achieved through the number of years of registration. Resident Srinivas commented, “Therefore, nothing in ensure that people from disadvantaged group basic services have not been fulfilled at all. 74th Amendment. Welfare Associations are supposed to be the Act or the rules prevents the widespread get their rights and enjoy equal rights to the As one of the corporators being from a inclusive of all residents in the respective casteist, gendered injustices that are found city as would an individual in a relatively minority category, for the first time in A Review of 74th Constitutional Amendment Act: A National Level Roundtable

The provision of direct elections of mayors is Public Health Engineering & Environmental suggestion. All the government entities presented a highly compromised version of existing bureaucrats and politicians, in the corporations to derive its power from this One key limitation is that many of the key The genesis of the 74th Amendment never 3. Social Justice Achieved problematic in the context of India because Engineering organization, that writes down the depend heavily on the inter-governmental the Act that was accepted in the Parliament. It case of Panchayat Raj System, states had provision in the constitution, earlier the power provisions of the 74th Amendment are ‘may’ broke ground as a bottom-up people’s Only two percent of the ward committees have under the parliamentary system it may happen norms & technical standards for any projects grants; at the same time, these grants are comprehended the complexities of urban already implemented the system, and the was delegated to municipalities by the state provisions which are left to the discretion of movement. There was a significant push for The panellists, Shaktiman Ghosh, National been instituted in the country so far. There is a that the council of members may be elected related to urban water supply, however, under often inadequate & discretionary in nature. All governance and variations in how cities were Amendment to the Act followed suit. By the legislatures. It is interesting to note that very the state. The three lists, that is the central list, the 73rd Amendment that provides for a Hawkers Federation( Kolkata), Vinay Srinivas, need to democratize and decentralize urban from a certain political party, and the mayor the 74th Constitutional Act, ULG’s are these results in the poor financial health of governed. There was a mayor and council 80’s states such as Karnataka, Kerala & West few national constitutions have provisions for state list and the concurrent list wherein the Panchayat Raj, but this was missing in the case Alternate Law Forum(Bengaluru), and Varsha governance especially when we are may happen to be elected from a di erent entrusted with the charges of water supply. ULG’s. system; Chennai gave strong power to the Bengal were way ahead of other states local governance. For instance, the US & many provision involving the division of power of the 74th Amendment, which remained an Vidya Vilas (Mumbai) discussed the session witnessing municipal bodies are being party, in which the municipal decision making Mayor, and Bangalore gave weaker power to leading the way for the rest to catch up. Cities of the EU countries constitutions are devoid of remains within the domain of centre and state afterthought, after the first draft of the 73rd that was chaired by Rajendra Prabhakaran, sidelined by the PPP Model. The Smart Cities process can become cumbersome. The The XXII Schedule does not distinguish ULG’s should be given fiscal autonomy in the Mayor. There was the Rippon Doctrine, were neglected and the course correction such clear provisions for local governance and while only some subjects included in the state was prepared in 1986, only to be replicated Urban Justice Activist. Cities as it was have been exempt of any interference from 1. The Idea of 74th Amendment and Current which contributes to delay in the municipal non-occurrence and poor participation in the between the various categories of ULG’s. The order to set their own tax rate and identify which constituted of representatives where provided by 74th Amendment was undertaken taking US case law in which local governance list are culled out for the local governments. thoughtlessly for urban areas. The drawback conceived in 1992 has undergone change with the existing municipal corporation and will be Status of the 74th Amendment election process. For example, the elections AGM (Annual General Meeting) prove functional domain of larger municipal bodies, sources of revenue. The benefits of public states like Kerala, or West-Bengal got the ritualistically, which was followed by foreign derives its powers from the powers of the state This does not imply that what exists in the in this scenario is a lack of ownership, and respect to the actors, especially the marginal administered by a separate corporation for The panelists of the session, that was chaired were delayed by five years in the Hyderabad detrimental to making ward committee a such as Ahmedabad & Lucknow, is same as services are measurable and accrued to upper hand, on the other hand, we had Mayor direct investment, and external suggestions to government. 74th Amendment shifted the state cannot be taken up by the local unless local governments and citizen groups groups such as street-vendors. Prior to the which the Special Purpose Vehicle (SPV) will by Lalitha Kamath, Associate Professor at Tata Municipal Corporation because the state deliverable body. A few members dominating the functional domain of any transitional or identifiable individuals within the given doctrine like in Bangalore that had a ritual transform urban spaces to ‘world-class cities’, base from which the local governments draw governments, but that some of the powers exert pressure from ground up, the failures of 70’s, the cities were perceived to be a hotspot not be an elected ocial, but through the Institute of Social Sciences (Mumbai), were Leo government did not provide updated rosters the decision-making process, lack of smaller municipalities like Solan in Himachal jurisdiction. Further, it is important to ensure mayor. So, the 74th amendment became a which we now know as smart cities. A slippery power, enabling derivation of power directly may be devolved by the state to the local the top-down structure permeate all areas of of economic and social development. At the secretary for urban department. This has been Saldanha from Environmental Support Group to the state election commission. awareness and non-availability of information Pradesh & Angul in Odisha. The one size fits all the timely constitution of the state finance ritual and taking into consideration that huge situation is enabled where divisiveness is from the constitution, instead of being directed governments. Thus, it cannot be easily said urban life. Global groups like C-40 which are same time, green revolution forced workers done so that, in the case of demolition of slums (Bengaluru), Mathew Idiculla from Centre for among urban citizens, and politically model is found to be dicult to implement due commission and to develop proper norms for financial inputs of that time. The 74th aggravated and is expected to reach through the state law. The Indian Constitution that we have a three-tier federal system, as we city-wide networks working globally, but we out of their villages, into the cities. These for redevelopment activities, the elected Law & Policy Research (Bengaluru) and Fragmentation of political authority: motivated nominations of members defeat the to the varied characteristics of di erent urban estimating expenditure needs, and crucially amendment constitutes of reservation, unprecedented levels in creating world-class in 1950s hardly had any mention of local clearly find two units of government have no city-wide local government networks communities became unemployed overnight, ocial is not held accountable. 496 cities have Soumyadeep Chattopadhyay who teaches at Article 243-R states that the state legislature very purpose of transforming the ward areas in India. time synchronization of the constitution of representativeness, ground-up planning, etc. cities. governments but was enlisted as item 5 in List functioning, subordinated by a weak half-unit, which are crucial for better functioning. This is as a result of rapidly industrializing urban been accorded the AMRUT status, yet 70% of Vishwa Bharati University (Shantiniketan, provides the process for the election of a committee as an apolitical body. SFC’s, submission of the report, and but their visions are not what the elite wanted. ii- (Seventh Schedule) under ‘local as the structure of governance. necessary to phase out the existing ways of space that required a di erent technical skill the urban power have been found to reside in Kolkata) mayor, but the roles and functions of the mayor “The need for mayor and council, under preparation of the implementation report to The type of investment decisions that took Article 243-Z(e.), states that planning should governments’ which meant that local merely executing the orders by the state set. There was a wave of liberalization, these cities. The contradiction between the are not clearly defined. The details of the Incomplete functional devolution: whom serves the commissioner and the SFC’s on a timely basis. place at that time was based on a competitive begin from the ward committee level upwards. governments are state subjects. Also, the The 73rd Amendment provided for a multi-tier government. privatization, and globalization paralelly e orts informal sector and the governments agenda Political Empowerment: provisions have been left to the discretion of Functional devolution of powers allocated to municipal bodies should be empowered with paradigm. There was no real Instead, the system functions top-down, and provision of Article 40, a directive principle of local government system, comprising of were taken to strengthen participatory of making rapid growth in GDP, has led to vast Article 243 makes direct elections mandatory the state governments. As per the CAA, the the ULG’s can at best be deemed partial, as all the above departmental sectors and smart Saldanha noted that the e orts to implement representativeness or understanding of what the proposals follow suit showing the ritualistic state policy which talks about empowering panchayats at the village, taluk, and at the Thus, it is critical to chalk out our priorities, democracy through decentralisation. economic inequalities and consequentially for all the seats in the municipal council, and as fixed tenure of municipal governments is of the state government executes the city SPV should function under the municipal the 74th Amendment Act was largely finance does to cities, in fact, the chief treatment of the 74th Amendment. The village panchayats, but the 74th Amendment district level, whereas the 74th Amendment because most of the civil society organizations Workers here who have been labelled as inequalities related to housing and per article 243-K & 243-Z(a.). The state five years, although the tenure and mode of implementation. Most of the functions corporations as to ensure the democratically unfinished business which made it essential to ministers were not seen as people who were process is still at its early stages with the essentially mandated the constitution of urban provides for a one-tier system, and this often and the elite rhetoric are related to “unskilled” with the e ects of urbanisation, are infrastructure. The government has only election commission has been entrusted with election of mayors varies from state to state. In mentioned in the XXII Schedule already form a elected local self-government’s say in the probe into the reasons of its happenings. accountable to an electorate. In Karnataka, primary goal being to get the constituting ward local governance in all urban areas. It is not a seen as a barrier in the context of big cities establishing ward committees and identified as ‘poor’ by the government contributed to this situation, and concepts like the task of supervising the municipal election states like Rajasthan, Uttar Pradesh, and Bihar part of the state list in the VII Schedule. Typical local decision-making process” – Soumyadip Kerala & West Bengal were the most groups like Janaagraha which started committee right. It is the mayor who is discretion, but instead the Statement of Object where multiple levels of complexities exist. Metropolitan Planning Committees (MPC’S), schemes despite being the primary Smart Cities do not permit any realization of process. However, if we take note of the mayors are directly elected for five years, state responses have been creating parastatal Chattopadhyay talked-about models of municipalities, but promoting urbanization were given the prime delegated the power to exert pressure on the & Reasons that the 74th Amendment gave, The functions under the XXII Schedule are not and the demand for empowering the local contributors in creating and sustaining the social justice, and it is the presence of these implementation process, it clearly appears that whereas in metropolitan cities like Bengaluru agencies and SPV’s (Special Purpose Vehicle) gradually the lumpenisation of politics was seat in power, and groups that opposed and commissioner to ensure such provisions are which included local elections not being often not devolved to the local governments government has been absent from most cities. These communities are doubly economic contradictions which is at the root of many states have not adhered to mandatory and Delhi mayors are elected indirectly for a to purvey some of the specified municipal Financial Disempowerment: also taking shape in these two regions. pushed for decentralization and devolution of instated on the ground. It certainly should not conducted, improper functioning of local hence they do not possess independent discussions. It is important that we steer away alienated in terms of materially and social the government’s need to push the informal provisions of holding regular elections as period of one year, and in Mumbai, mayors functions as regard to delegation of power to The 74th Amendment Act does not mention power were kept on the side-lines. The require citizens to submit such petitions to bodies, lack of devolution of power, all of powers. In addition to this, 18 functions from solely referring to MPC’s & ward deprivation. sector outside the city. mentioned in 74th CAA. For instance, the city were elected for a period of two and half years. municipal bodies. Fragmentation of the handling of revenue for the municipal The politics of Karnataka, for instance, defined understanding of the vision of the 74th initiate change. The speaker closed the which changed with the introduction of the enlisted in the XXII Schedule are not found to committees in our discussions but moving of Vishakhapatnam & Chennai has not held governments with multiple entities operating bodies and has resulted in problems most elected representatives (MLAs) from rural Amendment was skewed, and their e orts at speech on the note that researchers and 74th Amendment which clearly mandated the be comprehensive. The other inherent issues forward the core body of the local government Shaktiman Ghosh opened by discussing about In the Olga Tellis v. Bombay Municipal municipal elections since 2011 & 2006. at the city level is problematic. In the case of associated with finances of the ULG’s. Article areas while highly urbanised centres like creating a ‘world-class’ city was often found activists working on urban issues are required constitution of urban local governments. in the 74th Amendment is that some of should be the point of departure henceforth. the shift towards a consumeristic state from Corporation Case Justice Chandrachud stated Municipal Corporation of Greater 243-Y, which requires the state to set up the Bangalore played a major role in shaping exclusive to their experience of urban planning to reconsider ways of deconstructing the key functions are not included in the There have been suggestions to include welfare state. For example, governments’ 2015 that ‘hawking is a right’ resonant in the idea Very low voters’ turnout in municipal elections Mumbai(MCGM), which is responsible state finance commission and the insertion power at the state. The focus in 80s narrowed in the United States. Be it the work of H.D. structures of power. The debate centres on the question of the XXII Schedule. Other limitations include the further amendments, such amending the smart cities scheme looked at cities as a that life is livelihood, and even after has been observed, reason being: preparation decision-making cities development but it of 3(c) into Article 280 which requires the down on appointment of the commissioner, Gowde in 1995, followed by S.M. Krishna from implementation status of the 74th, despite the absence of a Gram Sabha equivalent in the Article 243 Part 9A which was added in the consumeristic privilege where they chose to introduction of the Street Vendors in 2014, and updating of urban electoral rolls, lacks many substitute powers related to urban central finance commissions to make who would be expected to e ectively manage 1999 to 2004, were modelled on a way of There are multiple ways of looking at the 74th good provisions that it contains. The second cities and the Industrial Township Exception 74th Amendment. If an amendment is to be consciously ignore the urban poor citizens. It is most cities are in the process of removing conducting elections, and delimitation and planning & land use. It does not have any recommendations for augmenting the the municipality, which gave rise to numerous thinking that preferred parastatals to run the Amendment, but Idiculla focused on three question is about tracing out the reasons which makes it mandatory for all urban areas made, what are the principles guiding such a to be questioned whether the state hawkers from the streets. The government reservation of voters are managed by multiple independent authority to lease land & to raise consolidated fund of the state. Many state commissioners. These commissioners city, and these parastatal imaginations were questions primarily. The questions that were behind the existence of weak local to constitute local self-governments, expect step that drive urban governance reform? government or the central government has the seems to unwilling to accommodate such institutions making the process highly revenue independently. governments have failed to constitute state campaigned for proper water supply, city not necessarily woven out of urban planning examined were: the need and crucial role of governments in present times. There are in the case where areas have been Therefore, this proves to be an instrumental political will to implement this Act. Recently, groups of people in their vision for the city. The unaccountable. In the context of municipal finance commissions and there is an absence clean-ups & fixed public transport in a and governance-centric discussions, but can 74th Amendment, why ULG’s continue to weak multiple ways of looking at “implementation demarked as industrial townships by the starting point to instigate such discussions for the mayor of Delhi stated the decision to requirements for the city as well as the urban bodies, ULG’s are in mandate with reservation Considering the case of water supply, the of a universal and acceptable methodology. centralized manner. Thereby, centralization & be seen to be outcome of the green despite 25 years of the Amendment and ways failure”. One is, the inherent limitations of the state governments. The absence of separate the future. attend a meeting that can only be taken with poor are not taken into consideration by the for women & backward castes, and this is government of India is the biggest funder, The state government enjoys the discretion in privatization caught up as parallel processes in revolution, and of the irrigation projects. in which governance should be organized for 74th Amendment which hinders it from being a tax and finance domain and the absolute approval of the municipal commissioner which planners of the city. Ghosh said, “The Urban problematic because the process is not but it does not directly influence the the devolution of functional responsibilities India. Despite complex amendments, state the future could be rethought. powerful institution, and secondly, even control by the state finance commission is yet contradicts the mandate of the 74th Renewal Mission a joint initiative of the Indian transparent and accountable. The entire implementation, rather it exerts influence which makes it dicult for the central financial governments were unwilling to give up on though there are provisions, are not another inherent limitation. Amendment which accords power to the Government & donor organisation, and the reservation system results in a lot of litigations, through various stakeholder. The Central commission to provide any concrete The union urban development minister, in 1992 parastatals, as it entailed ceding power by 13 The 74th Amendment provides for municipal implemented properly. elected mayor. Smart Cities Mission all reflect of similar

exclusionary attitudes. How then can social layouts. Yet, it is often found that the to prevail. Hence, we do not need a tinkering up-scale neighbourhood. Lastly, the preamble Mumbai, and health specific budget was justice then be achieved in a society where association is exclusive only to people of a of the Act such as mohallah sabhas or ward and the constitution should be put to the right allocated and formulated through public prominence is given to western standards of certain class, who can influence rules and committees, but we need a fundamental use to reimagine the 74th Amendment. participation. This was done through the consumption and such actors who make nominations of the ward committees. The rules alteration of the 74th Amendment, to Vilas opined that it was desirable that the administration and the corporators, wherein significant contributions to the city are are devoid of any clause which ensures reimagine the ways our cities are built.” In e orts towards the implementation of the they had to firstly, answer questions posed by, excluded?” There is no housing rights diversity and greater participation from addition to this, the chances of a slum Amendment are posed questions. Firstly, with identify and prioritize citizen needs. Therefore, movement to resist and cease unlawful disadvantaged sections of the society in representative winning an election is low respect to participation, when reservation was to achieve, power to and for the people, work evictions. Street vendors movements are Karnataka. In Kerala, registered trade union considering the large sums of money pumped, implemented for the first time in Maharashtra, must be directed towards filling the lacunae in active across the country and many other members are required to constitute ward in return for power. The Street Vendors Act there was 15% reservation for SC’s, 60% for the Act. citizens are expected to participate in the committees, and in the case of West Bengal, provides for an elected Town Vendors ST’s, 27% for OBC, and 50 % for women overall movement. It is through sustained resistance women BPL cardholders are required to be in Committee in every municipality, which has a in 15 municipal corporations. Although Therefore, the fundamental questions that the space of social justice can be the ward committees. Now let us consider 40% reservation of seats to be filled by direct representation could have been better, the discussed were about the changes that have reclaimed. three disadvantaged groups in the city, election. In the case of Delhi Municipal responsibilities of these elected taken place in the urban space in the last 10-15 street-vendors, pourakarmikas, (waste pickers) Corporation, some street vendor leaders were representatives are not confined to one. years, the meaning of old and new and slum-dwellers. The Ejipura Slum elected, but along with them, were few leaders Similarly, when caste-based reservations are urbanisations to the city and whose vision was Demolition case in Bangalore involved 900 of ostentatious appearance and personality made, these are not exclusively for the weaker accepted when cities were renewed and odd people living in multi-storeyed buildings, who were known to splurge for the cause of sections, but for all those who fall into those reorganized. Before the 70’s the primary which collapsed eventually, and these houses the election. On the other hand, in the case of categories. Hence, when the elected function of the urban space was were given out on rent despite being nominations there were di erent resident representatives from the above stated industrialization, and to convert the ousted uninhabitable by the owners. Despite the groups and civic forums who put out an online categories are found to unable to formulate agrarian population to industrial labour. And council passing a resolution that both owners advertisement on social media platforms to schemes or agendas particularly for the post globalization cities have transformed as & tenants should be given homes, half of the call for nominations. One such nomination weaker section. The situation is the case of fertile ground for international capital. So, the land was given to private developer and the filled was a resident from Rajajinagar who filed political parties. Thus, the true objectives of intention of the investors is primarily to other half is reserved only for housing a false case in the Karnataka High Court to the 74th Amendment remain unfulfilled. develop the infrastructure of the cities, so the Srinivas stated that while discussing the 74th previous owners. Currently, the tenants have evict street-vendors, accusing them of purpose of urbanization itself has changed. In Amendment it had been clear that none of the been relocated 15 kms away, and the blocking the storm water drain. One of the Currently representation levels of women are such a privatized context there is lesser scope panellists believed that any social justice had developer has also mortgaged the land. The ward committees in Whitefield passed a at 52 %, compared to the 10% before 1992. Yet, to demand for right than when cities are run been achieved. The reasons behind this must 74th Amendment seems to have done nothing resolution to evict street vendors and they in this representation is merely a number, as by the citizens. In a privatized space, the idea be understood. Changes are required in the to prevent large injustices. Secondly, in the fact got evicted. Thus, urban governance in women representatives still do not have the of share is not taken into consideration, Act to enable social, economic and political case of municipal contract workers and other present times is the luxury of a specific class of power to implement. Women are part of with respect to resources and livelihood justice. The preamble also sets forward a such services such as solid waste people. child-care, health, education and sanitation opportunities. This is because global investors vision is to achieve justice, liberty equality and management which are obligatory functions of committees, but excluded from finance are redesigning and reimaging city spaces fraternity which is impossible without the municipalities, are outsourced to The re-imagination of this Act must happen committees. The participation of women in according to their market purposes. Therefore, achieving social justice. The various laws in the contractors in most cases in the country. In this ground up, but the groundwork of familiarizing slum committees is also nil. There is still no the question of social justice also takes a constitution address issues related to caste, case, why was the outsourcing not prevented with these social movements has not been prevalence of a gender budget in the new dimension. The issue of social justice is gender & religion, but the laws on governance is a pertinent question to ask. Despite the carried out. A high number of individuals municipal council or corporation. Vilas said, disvalued when people from ‘economically made in the 74th Amendment are found to be Street Vendors Act Section 3.3 stating that no involved in urban governance are distant from “Even after representation of 52 women in weaker sections’ are not given an equal status formulated exclusive of issues of caste, gender street vendors shall be relocated or evicted till the farmer’s movement, the trade union the House, there is a need to run rights with respect to citizenship. There is also the and religion, which translates similarly on a survey of all street vendors as well as movements, and the Dalit movement. Thus, a movements in Mumbai. The reservation perspective of ‘poverty alleviation’ where such ground. For instance, in the case of the registration are done, evictions continue to be coalition of all group in the cities ensuring merely serves as a skill development tool and communities are labelled as beneficiaries, as nominations to ward committees in Bangalore, executed. The instance of the mayor of greater diversity in representation to sensitize does not translate into policy level or a burden and exception to the government, the rules states that resident’s association are Bangalore questioning the legality of street about the need to get back the power to the changes in existing schemes.” In one of bastis eating into its budgets. Therefore, social required to register and validate a minimum vendors illustrates this gap in social justice. people is required. This endeavour is to in Mumbai, an area sabha was formed where justice cannot merely be achieved through the number of years of registration. Resident Srinivas commented, “Therefore, nothing in ensure that people from disadvantaged group basic services have not been fulfilled at all. 74th Amendment. Welfare Associations are supposed to be the Act or the rules prevents the widespread get their rights and enjoy equal rights to the As one of the corporators being from a inclusive of all residents in the respective casteist, gendered injustices that are found city as would an individual in a relatively minority category, for the first time in A Review of 74th Constitutional Amendment Act: A National Level Roundtable

The provision of direct elections of mayors is Public Health Engineering & Environmental suggestion. All the government entities presented a highly compromised version of existing bureaucrats and politicians, in the corporations to derive its power from this One key limitation is that many of the key The genesis of the 74th Amendment never 3. Social Justice Achieved problematic in the context of India because Engineering organization, that writes down the depend heavily on the inter-governmental the Act that was accepted in the Parliament. It case of Panchayat Raj System, states had provision in the constitution, earlier the power provisions of the 74th Amendment are ‘may’ broke ground as a bottom-up people’s Only two percent of the ward committees have under the parliamentary system it may happen norms & technical standards for any projects grants; at the same time, these grants are comprehended the complexities of urban already implemented the system, and the was delegated to municipalities by the state provisions which are left to the discretion of movement. There was a significant push for The panellists, Shaktiman Ghosh, National been instituted in the country so far. There is a that the council of members may be elected related to urban water supply, however, under often inadequate & discretionary in nature. All governance and variations in how cities were Amendment to the Act followed suit. By the legislatures. It is interesting to note that very the state. The three lists, that is the central list, the 73rd Amendment that provides for a Hawkers Federation( Kolkata), Vinay Srinivas, need to democratize and decentralize urban from a certain political party, and the mayor the 74th Constitutional Act, ULG’s are these results in the poor financial health of governed. There was a mayor and council 80’s states such as Karnataka, Kerala & West few national constitutions have provisions for state list and the concurrent list wherein the Panchayat Raj, but this was missing in the case Alternate Law Forum(Bengaluru), and Varsha governance especially when we are may happen to be elected from a di erent entrusted with the charges of water supply. ULG’s. system; Chennai gave strong power to the Bengal were way ahead of other states local governance. For instance, the US & many provision involving the division of power of the 74th Amendment, which remained an Vidya Vilas (Mumbai) discussed the session witnessing municipal bodies are being party, in which the municipal decision making Mayor, and Bangalore gave weaker power to leading the way for the rest to catch up. Cities of the EU countries constitutions are devoid of remains within the domain of centre and state afterthought, after the first draft of the 73rd that was chaired by Rajendra Prabhakaran, sidelined by the PPP Model. The Smart Cities process can become cumbersome. The The XXII Schedule does not distinguish ULG’s should be given fiscal autonomy in the Mayor. There was the Rippon Doctrine, were neglected and the course correction such clear provisions for local governance and while only some subjects included in the state was prepared in 1986, only to be replicated Urban Justice Activist. Cities as it was have been exempt of any interference from 1. The Idea of 74th Amendment and Current which contributes to delay in the municipal non-occurrence and poor participation in the between the various categories of ULG’s. The order to set their own tax rate and identify which constituted of representatives where provided by 74th Amendment was undertaken taking US case law in which local governance list are culled out for the local governments. thoughtlessly for urban areas. The drawback conceived in 1992 has undergone change with the existing municipal corporation and will be Status of the 74th Amendment election process. For example, the elections AGM (Annual General Meeting) prove functional domain of larger municipal bodies, sources of revenue. The benefits of public states like Kerala, or West-Bengal got the ritualistically, which was followed by foreign derives its powers from the powers of the state This does not imply that what exists in the in this scenario is a lack of ownership, and respect to the actors, especially the marginal administered by a separate corporation for The panelists of the session, that was chaired were delayed by five years in the Hyderabad detrimental to making ward committee a such as Ahmedabad & Lucknow, is same as services are measurable and accrued to upper hand, on the other hand, we had Mayor direct investment, and external suggestions to government. 74th Amendment shifted the state cannot be taken up by the local unless local governments and citizen groups groups such as street-vendors. Prior to the which the Special Purpose Vehicle (SPV) will by Lalitha Kamath, Associate Professor at Tata Municipal Corporation because the state deliverable body. A few members dominating the functional domain of any transitional or identifiable individuals within the given doctrine like in Bangalore that had a ritual transform urban spaces to ‘world-class cities’, base from which the local governments draw governments, but that some of the powers exert pressure from ground up, the failures of 70’s, the cities were perceived to be a hotspot not be an elected ocial, but through the Institute of Social Sciences (Mumbai), were Leo government did not provide updated rosters the decision-making process, lack of smaller municipalities like Solan in Himachal jurisdiction. Further, it is important to ensure mayor. So, the 74th amendment became a which we now know as smart cities. A slippery power, enabling derivation of power directly may be devolved by the state to the local the top-down structure permeate all areas of of economic and social development. At the secretary for urban department. This has been Saldanha from Environmental Support Group to the state election commission. awareness and non-availability of information Pradesh & Angul in Odisha. The one size fits all the timely constitution of the state finance ritual and taking into consideration that huge situation is enabled where divisiveness is from the constitution, instead of being directed governments. Thus, it cannot be easily said urban life. Global groups like C-40 which are same time, green revolution forced workers done so that, in the case of demolition of slums (Bengaluru), Mathew Idiculla from Centre for among urban citizens, and politically model is found to be dicult to implement due commission and to develop proper norms for financial inputs of that time. The 74th aggravated and is expected to reach through the state law. The Indian Constitution that we have a three-tier federal system, as we city-wide networks working globally, but we out of their villages, into the cities. These for redevelopment activities, the elected Law & Policy Research (Bengaluru) and Fragmentation of political authority: motivated nominations of members defeat the to the varied characteristics of di erent urban estimating expenditure needs, and crucially amendment constitutes of reservation, unprecedented levels in creating world-class in 1950s hardly had any mention of local clearly find two units of government have no city-wide local government networks communities became unemployed overnight, ocial is not held accountable. 496 cities have Soumyadeep Chattopadhyay who teaches at Article 243-R states that the state legislature very purpose of transforming the ward areas in India. time synchronization of the constitution of representativeness, ground-up planning, etc. cities. governments but was enlisted as item 5 in List functioning, subordinated by a weak half-unit, which are crucial for better functioning. This is as a result of rapidly industrializing urban been accorded the AMRUT status, yet 70% of Vishwa Bharati University (Shantiniketan, provides the process for the election of a committee as an apolitical body. SFC’s, submission of the report, and but their visions are not what the elite wanted. ii- (Seventh Schedule) under ‘local as the structure of governance. necessary to phase out the existing ways of space that required a di erent technical skill the urban power have been found to reside in Kolkata) mayor, but the roles and functions of the mayor “The need for mayor and council, under preparation of the implementation report to The type of investment decisions that took Article 243-Z(e.), states that planning should governments’ which meant that local merely executing the orders by the state set. There was a wave of liberalization, these cities. The contradiction between the are not clearly defined. The details of the Incomplete functional devolution: whom serves the commissioner and the SFC’s on a timely basis. place at that time was based on a competitive begin from the ward committee level upwards. governments are state subjects. Also, the The 73rd Amendment provided for a multi-tier government. privatization, and globalization paralelly e orts informal sector and the governments agenda Political Empowerment: provisions have been left to the discretion of Functional devolution of powers allocated to municipal bodies should be empowered with paradigm. There was no real Instead, the system functions top-down, and provision of Article 40, a directive principle of local government system, comprising of were taken to strengthen participatory of making rapid growth in GDP, has led to vast Article 243 makes direct elections mandatory the state governments. As per the CAA, the the ULG’s can at best be deemed partial, as all the above departmental sectors and smart Saldanha noted that the e orts to implement representativeness or understanding of what the proposals follow suit showing the ritualistic state policy which talks about empowering panchayats at the village, taluk, and at the Thus, it is critical to chalk out our priorities, democracy through decentralisation. economic inequalities and consequentially for all the seats in the municipal council, and as fixed tenure of municipal governments is of the state government executes the city SPV should function under the municipal the 74th Amendment Act was largely finance does to cities, in fact, the chief treatment of the 74th Amendment. The village panchayats, but the 74th Amendment district level, whereas the 74th Amendment because most of the civil society organizations Workers here who have been labelled as inequalities related to housing and per article 243-K & 243-Z(a.). The state five years, although the tenure and mode of implementation. Most of the functions corporations as to ensure the democratically unfinished business which made it essential to ministers were not seen as people who were process is still at its early stages with the essentially mandated the constitution of urban provides for a one-tier system, and this often and the elite rhetoric are related to “unskilled” with the e ects of urbanisation, are infrastructure. The government has only election commission has been entrusted with election of mayors varies from state to state. In mentioned in the XXII Schedule already form a elected local self-government’s say in the probe into the reasons of its happenings. accountable to an electorate. In Karnataka, primary goal being to get the constituting ward local governance in all urban areas. It is not a seen as a barrier in the context of big cities establishing ward committees and identified as ‘poor’ by the government contributed to this situation, and concepts like the task of supervising the municipal election states like Rajasthan, Uttar Pradesh, and Bihar part of the state list in the VII Schedule. Typical local decision-making process” – Soumyadip Kerala & West Bengal were the most groups like Janaagraha which started committee right. It is the mayor who is discretion, but instead the Statement of Object where multiple levels of complexities exist. Metropolitan Planning Committees (MPC’S), schemes despite being the primary Smart Cities do not permit any realization of process. However, if we take note of the mayors are directly elected for five years, state responses have been creating parastatal Chattopadhyay talked-about models of municipalities, but promoting urbanization were given the prime delegated the power to exert pressure on the & Reasons that the 74th Amendment gave, The functions under the XXII Schedule are not and the demand for empowering the local contributors in creating and sustaining the social justice, and it is the presence of these implementation process, it clearly appears that whereas in metropolitan cities like Bengaluru agencies and SPV’s (Special Purpose Vehicle) gradually the lumpenisation of politics was seat in power, and groups that opposed and commissioner to ensure such provisions are which included local elections not being often not devolved to the local governments government has been absent from most cities. These communities are doubly economic contradictions which is at the root of many states have not adhered to mandatory and Delhi mayors are elected indirectly for a to purvey some of the specified municipal Financial Disempowerment: also taking shape in these two regions. pushed for decentralization and devolution of instated on the ground. It certainly should not conducted, improper functioning of local hence they do not possess independent discussions. It is important that we steer away alienated in terms of materially and social the government’s need to push the informal provisions of holding regular elections as period of one year, and in Mumbai, mayors functions as regard to delegation of power to The 74th Amendment Act does not mention power were kept on the side-lines. The require citizens to submit such petitions to bodies, lack of devolution of power, all of powers. In addition to this, 18 functions from solely referring to MPC’s & ward deprivation. sector outside the city. mentioned in 74th CAA. For instance, the city were elected for a period of two and half years. municipal bodies. Fragmentation of the handling of revenue for the municipal The politics of Karnataka, for instance, defined understanding of the vision of the 74th initiate change. The speaker closed the which changed with the introduction of the enlisted in the XXII Schedule are not found to committees in our discussions but moving of Vishakhapatnam & Chennai has not held governments with multiple entities operating bodies and has resulted in problems most elected representatives (MLAs) from rural Amendment was skewed, and their e orts at speech on the note that researchers and 74th Amendment which clearly mandated the be comprehensive. The other inherent issues forward the core body of the local government Shaktiman Ghosh opened by discussing about In the Olga Tellis v. Bombay Municipal municipal elections since 2011 & 2006. at the city level is problematic. In the case of associated with finances of the ULG’s. Article areas while highly urbanised centres like creating a ‘world-class’ city was often found activists working on urban issues are required constitution of urban local governments. in the 74th Amendment is that some of should be the point of departure henceforth. the shift towards a consumeristic state from Corporation Case Justice Chandrachud stated Municipal Corporation of Greater 243-Y, which requires the state to set up the Bangalore played a major role in shaping exclusive to their experience of urban planning to reconsider ways of deconstructing the key functions are not included in the There have been suggestions to include welfare state. For example, governments’ 2015 that ‘hawking is a right’ resonant in the idea Very low voters’ turnout in municipal elections Mumbai(MCGM), which is responsible state finance commission and the insertion power at the state. The focus in 80s narrowed in the United States. Be it the work of H.D. structures of power. The debate centres on the question of the XXII Schedule. Other limitations include the further amendments, such amending the smart cities scheme looked at cities as a that life is livelihood, and even after has been observed, reason being: preparation decision-making cities development but it of 3(c) into Article 280 which requires the down on appointment of the commissioner, Gowde in 1995, followed by S.M. Krishna from implementation status of the 74th, despite the absence of a Gram Sabha equivalent in the Article 243 Part 9A which was added in the consumeristic privilege where they chose to introduction of the Street Vendors in 2014, and updating of urban electoral rolls, lacks many substitute powers related to urban central finance commissions to make who would be expected to e ectively manage 1999 to 2004, were modelled on a way of There are multiple ways of looking at the 74th good provisions that it contains. The second cities and the Industrial Township Exception 74th Amendment. If an amendment is to be consciously ignore the urban poor citizens. It is most cities are in the process of removing conducting elections, and delimitation and planning & land use. It does not have any recommendations for augmenting the the municipality, which gave rise to numerous thinking that preferred parastatals to run the Amendment, but Idiculla focused on three question is about tracing out the reasons which makes it mandatory for all urban areas made, what are the principles guiding such a to be questioned whether the state hawkers from the streets. The government reservation of voters are managed by multiple independent authority to lease land & to raise consolidated fund of the state. Many state commissioners. These commissioners city, and these parastatal imaginations were questions primarily. The questions that were behind the existence of weak local to constitute local self-governments, expect step that drive urban governance reform? government or the central government has the seems to unwilling to accommodate such institutions making the process highly revenue independently. governments have failed to constitute state campaigned for proper water supply, city not necessarily woven out of urban planning examined were: the need and crucial role of governments in present times. There are in the case where areas have been Therefore, this proves to be an instrumental political will to implement this Act. Recently, groups of people in their vision for the city. The unaccountable. In the context of municipal finance commissions and there is an absence clean-ups & fixed public transport in a and governance-centric discussions, but can 74th Amendment, why ULG’s continue to weak multiple ways of looking at “implementation demarked as industrial townships by the starting point to instigate such discussions for the mayor of Delhi stated the decision to requirements for the city as well as the urban bodies, ULG’s are in mandate with reservation Considering the case of water supply, the of a universal and acceptable methodology. centralized manner. Thereby, centralization & be seen to be outcome of the green despite 25 years of the Amendment and ways failure”. One is, the inherent limitations of the state governments. The absence of separate the future. attend a meeting that can only be taken with poor are not taken into consideration by the for women & backward castes, and this is government of India is the biggest funder, The state government enjoys the discretion in privatization caught up as parallel processes in revolution, and of the irrigation projects. in which governance should be organized for 74th Amendment which hinders it from being a tax and finance domain and the absolute approval of the municipal commissioner which planners of the city. Ghosh said, “The Urban problematic because the process is not but it does not directly influence the the devolution of functional responsibilities India. Despite complex amendments, state the future could be rethought. powerful institution, and secondly, even control by the state finance commission is yet contradicts the mandate of the 74th Renewal Mission a joint initiative of the Indian transparent and accountable. The entire implementation, rather it exerts influence which makes it dicult for the central financial governments were unwilling to give up on though there are provisions, are not another inherent limitation. Amendment which accords power to the Government & donor organisation, and the reservation system results in a lot of litigations, through various stakeholder. The Central commission to provide any concrete The union urban development minister, in 1992 parastatals, as it entailed ceding power by The 74th Amendment provides for municipal implemented properly. 14 elected mayor. Smart Cities Mission all reflect of similar

exclusionary attitudes. How then can social layouts. Yet, it is often found that the to prevail. Hence, we do not need a tinkering up-scale neighbourhood. Lastly, the preamble Mumbai, and health specific budget was justice then be achieved in a society where association is exclusive only to people of a of the Act such as mohallah sabhas or ward and the constitution should be put to the right allocated and formulated through public prominence is given to western standards of certain class, who can influence rules and committees, but we need a fundamental use to reimagine the 74th Amendment. participation. This was done through the consumption and such actors who make nominations of the ward committees. The rules alteration of the 74th Amendment, to Vilas opined that it was desirable that the administration and the corporators, wherein significant contributions to the city are are devoid of any clause which ensures reimagine the ways our cities are built.” In e orts towards the implementation of the they had to firstly, answer questions posed by, excluded?” There is no housing rights diversity and greater participation from addition to this, the chances of a slum Amendment are posed questions. Firstly, with identify and prioritize citizen needs. Therefore, movement to resist and cease unlawful disadvantaged sections of the society in representative winning an election is low respect to participation, when reservation was to achieve, power to and for the people, work evictions. Street vendors movements are Karnataka. In Kerala, registered trade union considering the large sums of money pumped, implemented for the first time in Maharashtra, must be directed towards filling the lacunae in active across the country and many other members are required to constitute ward in return for power. The Street Vendors Act there was 15% reservation for SC’s, 60% for the Act. citizens are expected to participate in the committees, and in the case of West Bengal, provides for an elected Town Vendors ST’s, 27% for OBC, and 50 % for women overall movement. It is through sustained resistance women BPL cardholders are required to be in Committee in every municipality, which has a in 15 municipal corporations. Although Therefore, the fundamental questions that the space of social justice can be the ward committees. Now let us consider 40% reservation of seats to be filled by direct representation could have been better, the discussed were about the changes that have reclaimed. three disadvantaged groups in the city, election. In the case of Delhi Municipal responsibilities of these elected taken place in the urban space in the last 10-15 street-vendors, pourakarmikas, (waste pickers) Corporation, some street vendor leaders were representatives are not confined to one. years, the meaning of old and new and slum-dwellers. The Ejipura Slum elected, but along with them, were few leaders Similarly, when caste-based reservations are urbanisations to the city and whose vision was Demolition case in Bangalore involved 900 of ostentatious appearance and personality made, these are not exclusively for the weaker accepted when cities were renewed and odd people living in multi-storeyed buildings, who were known to splurge for the cause of sections, but for all those who fall into those reorganized. Before the 70’s the primary which collapsed eventually, and these houses the election. On the other hand, in the case of categories. Hence, when the elected function of the urban space was were given out on rent despite being nominations there were di erent resident representatives from the above stated industrialization, and to convert the ousted uninhabitable by the owners. Despite the groups and civic forums who put out an online categories are found to unable to formulate agrarian population to industrial labour. And council passing a resolution that both owners advertisement on social media platforms to schemes or agendas particularly for the post globalization cities have transformed as & tenants should be given homes, half of the call for nominations. One such nomination weaker section. The situation is the case of fertile ground for international capital. So, the land was given to private developer and the filled was a resident from Rajajinagar who filed political parties. Thus, the true objectives of intention of the investors is primarily to other half is reserved only for housing a false case in the Karnataka High Court to the 74th Amendment remain unfulfilled. develop the infrastructure of the cities, so the Srinivas stated that while discussing the 74th previous owners. Currently, the tenants have evict street-vendors, accusing them of purpose of urbanization itself has changed. In Amendment it had been clear that none of the been relocated 15 kms away, and the blocking the storm water drain. One of the Currently representation levels of women are such a privatized context there is lesser scope panellists believed that any social justice had developer has also mortgaged the land. The ward committees in Whitefield passed a at 52 %, compared to the 10% before 1992. Yet, to demand for right than when cities are run been achieved. The reasons behind this must 74th Amendment seems to have done nothing resolution to evict street vendors and they in this representation is merely a number, as by the citizens. In a privatized space, the idea be understood. Changes are required in the to prevent large injustices. Secondly, in the fact got evicted. Thus, urban governance in women representatives still do not have the of share is not taken into consideration, Act to enable social, economic and political case of municipal contract workers and other present times is the luxury of a specific class of power to implement. Women are part of with respect to resources and livelihood justice. The preamble also sets forward a such services such as solid waste people. child-care, health, education and sanitation opportunities. This is because global investors vision is to achieve justice, liberty equality and management which are obligatory functions of committees, but excluded from finance are redesigning and reimaging city spaces fraternity which is impossible without the municipalities, are outsourced to The re-imagination of this Act must happen committees. The participation of women in according to their market purposes. Therefore, achieving social justice. The various laws in the contractors in most cases in the country. In this ground up, but the groundwork of familiarizing slum committees is also nil. There is still no the question of social justice also takes a constitution address issues related to caste, case, why was the outsourcing not prevented with these social movements has not been prevalence of a gender budget in the new dimension. The issue of social justice is gender & religion, but the laws on governance is a pertinent question to ask. Despite the carried out. A high number of individuals municipal council or corporation. Vilas said, disvalued when people from ‘economically made in the 74th Amendment are found to be Street Vendors Act Section 3.3 stating that no involved in urban governance are distant from “Even after representation of 52 women in weaker sections’ are not given an equal status formulated exclusive of issues of caste, gender street vendors shall be relocated or evicted till the farmer’s movement, the trade union the House, there is a need to run rights with respect to citizenship. There is also the and religion, which translates similarly on a survey of all street vendors as well as movements, and the Dalit movement. Thus, a movements in Mumbai. The reservation perspective of ‘poverty alleviation’ where such ground. For instance, in the case of the registration are done, evictions continue to be coalition of all group in the cities ensuring merely serves as a skill development tool and communities are labelled as beneficiaries, as nominations to ward committees in Bangalore, executed. The instance of the mayor of greater diversity in representation to sensitize does not translate into policy level or a burden and exception to the government, the rules states that resident’s association are Bangalore questioning the legality of street about the need to get back the power to the changes in existing schemes.” In one of bastis eating into its budgets. Therefore, social required to register and validate a minimum vendors illustrates this gap in social justice. people is required. This endeavour is to in Mumbai, an area sabha was formed where justice cannot merely be achieved through the number of years of registration. Resident Srinivas commented, “Therefore, nothing in ensure that people from disadvantaged group basic services have not been fulfilled at all. 74th Amendment. Welfare Associations are supposed to be the Act or the rules prevents the widespread get their rights and enjoy equal rights to the As one of the corporators being from a inclusive of all residents in the respective casteist, gendered injustices that are found city as would an individual in a relatively minority category, for the first time in A Review of 74th Constitutional Amendment Act: A National Level Roundtable

2. Role of Participatory Government can claim a stake in and ensure quality in this regard is vital. clear guidelines. Thus, no democratic process work that is initiated in the area, for instance recalling the councillor or the area sabha experienced in one constituency. The real deal aspect of it. 3. Social Justice Achieved Mechanisms control.” -Raju Bhise exists even in nomination of members. The construction of flyover.” Kathyayini Chamaraj. representatives by having no-confidence behind the non-implementation of the Only two percent of the ward committees have Participatory Democracy is to be actualized as court’s response to the case related it to the motions. No state has yet made any such Amendment lies at having exclusionary “In fact, each scheme that we have whether The panellists, Shaktiman Ghosh, National been instituted in the country so far. There is a The panellists of the session was chaired by The most importance issue with respect to it can be achieved at the grassroots levels or issue of waste disposal rather than looking at it The panellists also suggested that they should progressive provision, and even ward participatory system, which arises out of the Pradhanmantri Awas Yojana, the Smart Hawkers Federation( Kolkata), Vinay Srinivas, need to democratize and decentralize urban Sitaram Shelar, Centre for Promoting municipal urban governance, is the need to ward levels. It has been an uphill battle to even as an issue of urban body governance. also have the power to penalize the local committees are supposed to hold monthly unequal power dynamic, experienced in urban Cities Mission, the AMRUT (Atal Mission for Alternate Law Forum(Bengaluru), and Varsha governance especially when we are Democracy (Mumbai) were Raju Bhise, Right re-structure the existing urban governance initiate municipalities to devolve powers Chamraj said that they were in the process of ocials if they are not performing their duty. meetings, but it has been found that most area. People’s participation is often Rejuvenation and Urban Transformation) Vidya Vilas (Mumbai) discussed the session witnessing municipal bodies are being to City campaign( Mumbai), Kathyayani structure which is one-tiered and centralised. downwards to the ward committees, but the filing a petition that questions the way ward The mohalla sabhas and the ward committees corporators are not bothered to do the same. considered as governance of the past Mission, all have dierent forms of that was chaired by Rajendra Prabhakaran, sidelined by the PPP Model. The Smart Cities Chamraj, Civic Bangalore( Bengaluru) and For instance, the budget allocated to the Zilla implementation has not been possible after 25 committees have been constituted. Supreme should be involved in the total planning, The other progressive inclusion in the whereas it is important to reclaim this governance at the urban level and it is further Urban Justice Activist. Cities as it was have been exempt of any interference from Marina Joseph, YUVA (Mumbai).The panel Parishad may be considerably less than that years of work. Court judgments such as in the case of the 2G implementation, monitoring and social Parivartan Bill was to have Sustainable constitutionally guaranteed right. Marina fractured.” Marina Joseph conceived in 1992 has undergone change with the existing municipal corporation and will be discussed the idea of participatory cumulatively allotted to gram panchayats. & Coal Gate says that even in the case where auditing. Thus, total direct democracy was Development Goals with Human Development emphasised on the questions over who can respect to the actors, especially the marginal administered by a separate corporation for governance. The key points of the discussion Therefore, the functions and functionaries may Chamraj emphasized on the ‘may’ clause in they have authority it cannot use it arbitrarily, what they dreamt of, but none of this seems to Index at the ward level. For which a social claim or to whom does state allow to claim It was highlighted that it was important to groups such as street-vendors. Prior to the which the Special Purpose Vehicle (SPV) will revolved around moving towards direct be greater at the village panchayat level, it is the XXII Schedule, which states that functions but clear guidelines must be framed which be ideal. In 2005, there was some e ort infrastructure index of the ward was required; power. explore future endeavours with respect to 70’s, the cities were perceived to be a hotspot not be an elected ocial, but through the engagement of people in policy decisions this three-tier system that is required to be which ‘may’ be devolved to the ULG’s. The substantiate the decisions to be taken. towards promoting participation from the including a five-year ward vision plan, aiming participation as a right to the discourse of a of economic and social development. At the secretary for urban department. This has been from merely having representatives to do so, adopted in the urban areas. Activists and reason for this clause is that it is not a Although work has been on in this regard for a central government, through community to address basic rights/ amenities, however Participation becomes a mandate of the more city. same time, green revolution forced workers done so that, in the case of demolition of slums the role of people in the gradual process in researchers need to work towards breaking mandatory bill however the idea was that long time, little has changed with respect to participation law under JNNURM. But urban this was not materialized. There should be a privileged in a fragmented India. The objective out of their villages, into the cities. These for redevelopment activities, the elected achieving participatory governance and the the existing power dynamics in cities. Three states could add to it. The chief functions of constitution of ward committees. The purpose development being a state subject, could not monitoring committee attached to public is to improve youth participation in local communities became unemployed overnight, ocial is not held accountable. 496 cities have way forward to propose and critique to enable major challenges exist in establishing a the municipalities as per the 74th Amendment of the ward committees was to work be enforced in all states uniformly. Most states institutions so that the corporators can governance, considering the high as a result of rapidly industrializing urban been accorded the AMRUT status, yet 70% of people-friendly governance. participatory urban government: firstly, is to plan for social and economic transparently and accountably, this purpose opted for the nomination procedure over indirectly be held responsible for actualizing demographic dividend of youth (65% below 35 space that required a di erent technical skill the urban power have been found to reside in administrators are wary of devolving powers to development and social justice. The very basic was defeated when the court ruled that election for area sabhas. Karnataka opted for social and human development through years of age) and the formal political set. There was a wave of liberalization, these cities. The contradiction between the Bhise opened the discussion with the idea of elected representatives, secondly corporators requirements for social justice can be found to councillors should nominate ward members, nomination by the councillor of the area sabha people’s participatory platforms that already participation being gerontocratic. Large youth privatization, and globalization paralelly e orts informal sector and the governments agenda participatory urban governance being an are wary of the same devolving power, and be overlooked in the 18 functions in the 74th when citizens of Bangalore demanded that representative but in Karnataka State Law an exist. All committees are also linked to the participation has two perspectives, one being were taken to strengthen participatory of making rapid growth in GDP, has led to vast unaccounted aspect of decentralisation. The thirdly, people are not ready to invest their Amendment. There is no mandate present to notice be taken to their application. additional point states that if the councillor ward committees so that the ward committees the government’s mission to skill and provide democracy through decentralisation. economic inequalities and consequentially participation includes accepting suggestions time and money. The role of active citizenship work at the grassroots level to realize the does not recommend any name, the also work towards genuine human employment, and the other hand looking at Workers here who have been labelled as inequalities related to housing and and not decision-making process. It is is to be strengthened and the attitude of fundamental rights of citizens. This is because Mr. Arvind Kejriwal during his tenure at the commissioner must nominate a candidate development in the areas. There is no young population as a vote bank. Youth plays “unskilled” with the e ects of urbanisation, are infrastructure. The government has only important to focus on right term, as corporators need to change to improve the most states have stuck to these 18 functions NGO Parivartan had formulated an alternative within 90 days. Neither any councillor nor any provision for grievance redressal or jana an active role in the politics informally in rural identified as ‘poor’ by the government contributed to this situation, and concepts like decentralisation would be e ective when quality of participation and establishment of and devolved power on paper, not initiating was called the Nagara Rajya Bill as a model bill commissioner has nominated anyone from the spandana in the Act, even though it is as well as urban. They are the brains behind schemes despite being the primary Smart Cities do not permit any realization of citizens are stakeholders to the process. The accountability. any devolution at three levels of functions, for institutionalizing citizen participation. The area sabha representative, even though it is mandatory in rural areas. Though most of the the most successful social media political contributors in creating and sustaining the social justice, and it is the presence of these most important function in participatory funds and functionaries. provisions that were recommended were far mentioned in the act itself. No area sabhas states do say that in the ward committees and campaigns and implementing strategies on cities. These communities are doubly economic contradictions which is at the root of decentralised governance is to ensure equity ahead and focussed on direct democracy have been notified since the 2011 amendment. area sabhas planning must be initiated at the ground. On the other hand, young people are alienated in terms of materially and social the government’s need to push the informal in resource distribution. To work on a The 74th CAA has left the constitution of ward rather than participatory democracy. The 74th Hence there is no participatory democracy at grassroots level, but as area sabhas are not also used as participants of political agenda deprivation. sector outside the city. multiplicity of issues in the urban space is an committees up to the states, and most states CAA was to actualize Gandhi’s vision the area sabha level, totally being denied the even constituted, the planning is with through means of hate and violence. They are inherent motivation of this form of governance, have been unwilling to empower the citizens, of resurrecting Gram Swarajya which came right to participate. It is accepted in Panchayati parastatals and not at the municipal levels not the ones controlling the means of decision Shaktiman Ghosh opened by discussing about In the Olga Tellis v. Bombay Municipal and the roots of all these can be traced back which defeats the purpose the Amendment even before the independence struggle. Raj, Gram Sabhas are mandatory where at through the councillors. making. In places where governance has the shift towards a consumeristic state from Corporation Case Justice Chandrachud stated to resources. The second issue in cities, is which is to transfer power to the people. Most Nagar Swarajya was an afterthought, that the least namesake meetings take place. On the failed or is completely absent, the youth form welfare state. For example, governments’ 2015 that ‘hawking is a right’ resonant in the idea that of ownership. Participatory decentralised states have chosen for nominations as urban areas also require such self-reliant other hand, in many states the area sabhas are YUVA runs mohallah sabhas in Nagpur aspiring collectives to claim their space in smart cities scheme looked at cities as a that life is livelihood, and even after governance is of critical importance to opposed to having elected ward members communities whose livelihood depends not yet even put into the Act and where they campaigning for access to land rights, and in urban governance although it is not the norm. consumeristic privilege where they chose to introduction of the Street Vendors in 2014, strengthen the democratic process by creating such as in Kerala, Assam, West Bengal and and hence local control on local resources have been, they are found to be dysfunctional. Indore it has been able to register mohallah The notion of fractured citizenship especially consciously ignore the urban poor citizens. It is most cities are in the process of removing ‘ownership’ & strengthening ‘citizen rights’, Bihar. The nominations are primarily by and assets. The powers of the ward committees and the sabhas at the basti (slums) where they have among the youth is very high, but they are still to be questioned whether the state hawkers from the streets. The government especially for weaker sections. Further, economic independence which is political parties choosing their party workers, area sabhas are only recommendatory in successfully advocated for planning and able to collectivize. government or the central government has the seems to unwilling to accommodate such a prerequisite for establishing a strong as in the case of Karnataka. Over 25 years “Parivartan Bill went far in actualizing that, nature. Additionally, very few states have governance. Civil society groups get trapped political will to implement this Act. Recently, groups of people in their vision for the city. The “When rights are denied, it aids corruption participatory decentralised government, there are no cases of ward committees and the ward committees in addition to the devolved finances for their own use and grants in adhoc initiatives, in other words, it is not While discussing the role of Civil Society the mayor of Delhi stated the decision to requirements for the city as well as the urban in society. Access to rights, and control entails greater powers for the local bodies functioning continually, but only sporadically mohalla sabhas should have total control have not been given. Whereas in state like enough to have mohallah sabhas the Organisations in collectivising, YUVA, has attend a meeting that can only be taken with poor are not taken into consideration by the of systemic corruption can be achieved to negotiate with state governments and under citizen pressure, and wherever they over the properties in their area, and they Kerala forty percent of the funds is given to the governance system does not allow for area been trying to build an alternative build a approval of the municipal commissioner which planners of the city. Ghosh said, “The Urban by participatory self-governance, wherein curbing party politics. Local Bodies have have been found to be present it has been should have a and say in the decision-making ULG’s and they can devolve it further to the sabhas or ward sabhas to even be formulated. narrative of the city that is rooted in people’s contradicts the mandate of the 74th Renewal Mission a joint initiative of the Indian there is greater transparency in the become weaker due to GST replacing LBT. dysfunctional. Ward committees’ nominations process over the properties in their area. ward committees. Also, in the Parivartan Bill of Marina discussed how youth participates and struggles. The struggle is structural, Amendment which accords power to the Government & donor organisation, and the 15 decision-making process, which the people Therefore, capacity building of local bodies have been devoid of transparency as well as They should have a say on any development Arvind Kejriwal, there was a provision for fragmented notions of citizenship are constituting the legal, policy and scheme elected mayor. Smart Cities Mission all reflect of similar

exclusionary attitudes. How then can social layouts. Yet, it is often found that the to prevail. Hence, we do not need a tinkering up-scale neighbourhood. Lastly, the preamble Mumbai, and health specific budget was justice then be achieved in a society where association is exclusive only to people of a of the Act such as mohallah sabhas or ward and the constitution should be put to the right allocated and formulated through public prominence is given to western standards of certain class, who can influence rules and committees, but we need a fundamental use to reimagine the 74th Amendment. participation. This was done through the consumption and such actors who make nominations of the ward committees. The rules alteration of the 74th Amendment, to Vilas opined that it was desirable that the administration and the corporators, wherein significant contributions to the city are are devoid of any clause which ensures reimagine the ways our cities are built.” In e orts towards the implementation of the they had to firstly, answer questions posed by, excluded?” There is no housing rights diversity and greater participation from addition to this, the chances of a slum Amendment are posed questions. Firstly, with identify and prioritize citizen needs. Therefore, movement to resist and cease unlawful disadvantaged sections of the society in representative winning an election is low respect to participation, when reservation was to achieve, power to and for the people, work evictions. Street vendors movements are Karnataka. In Kerala, registered trade union considering the large sums of money pumped, implemented for the first time in Maharashtra, must be directed towards filling the lacunae in active across the country and many other members are required to constitute ward in return for power. The Street Vendors Act there was 15% reservation for SC’s, 60% for the Act. citizens are expected to participate in the committees, and in the case of West Bengal, provides for an elected Town Vendors ST’s, 27% for OBC, and 50 % for women overall movement. It is through sustained resistance women BPL cardholders are required to be in Committee in every municipality, which has a in 15 municipal corporations. Although Therefore, the fundamental questions that the space of social justice can be the ward committees. Now let us consider 40% reservation of seats to be filled by direct representation could have been better, the discussed were about the changes that have reclaimed. three disadvantaged groups in the city, election. In the case of Delhi Municipal responsibilities of these elected taken place in the urban space in the last 10-15 street-vendors, pourakarmikas, (waste pickers) Corporation, some street vendor leaders were representatives are not confined to one. years, the meaning of old and new and slum-dwellers. The Ejipura Slum elected, but along with them, were few leaders Similarly, when caste-based reservations are urbanisations to the city and whose vision was Demolition case in Bangalore involved 900 of ostentatious appearance and personality made, these are not exclusively for the weaker accepted when cities were renewed and odd people living in multi-storeyed buildings, who were known to splurge for the cause of sections, but for all those who fall into those reorganized. Before the 70’s the primary which collapsed eventually, and these houses the election. On the other hand, in the case of categories. Hence, when the elected function of the urban space was were given out on rent despite being nominations there were di erent resident representatives from the above stated industrialization, and to convert the ousted uninhabitable by the owners. Despite the groups and civic forums who put out an online categories are found to unable to formulate agrarian population to industrial labour. And council passing a resolution that both owners advertisement on social media platforms to schemes or agendas particularly for the post globalization cities have transformed as & tenants should be given homes, half of the call for nominations. One such nomination weaker section. The situation is the case of fertile ground for international capital. So, the land was given to private developer and the filled was a resident from Rajajinagar who filed political parties. Thus, the true objectives of intention of the investors is primarily to other half is reserved only for housing a false case in the Karnataka High Court to the 74th Amendment remain unfulfilled. develop the infrastructure of the cities, so the Srinivas stated that while discussing the 74th previous owners. Currently, the tenants have evict street-vendors, accusing them of purpose of urbanization itself has changed. In Amendment it had been clear that none of the been relocated 15 kms away, and the blocking the storm water drain. One of the Currently representation levels of women are such a privatized context there is lesser scope panellists believed that any social justice had developer has also mortgaged the land. The ward committees in Whitefield passed a at 52 %, compared to the 10% before 1992. Yet, to demand for right than when cities are run been achieved. The reasons behind this must 74th Amendment seems to have done nothing resolution to evict street vendors and they in this representation is merely a number, as by the citizens. In a privatized space, the idea be understood. Changes are required in the to prevent large injustices. Secondly, in the fact got evicted. Thus, urban governance in women representatives still do not have the of share is not taken into consideration, Act to enable social, economic and political case of municipal contract workers and other present times is the luxury of a specific class of power to implement. Women are part of with respect to resources and livelihood justice. The preamble also sets forward a such services such as solid waste people. child-care, health, education and sanitation opportunities. This is because global investors vision is to achieve justice, liberty equality and management which are obligatory functions of committees, but excluded from finance are redesigning and reimaging city spaces fraternity which is impossible without the municipalities, are outsourced to The re-imagination of this Act must happen committees. The participation of women in according to their market purposes. Therefore, achieving social justice. The various laws in the contractors in most cases in the country. In this ground up, but the groundwork of familiarizing slum committees is also nil. There is still no the question of social justice also takes a constitution address issues related to caste, case, why was the outsourcing not prevented with these social movements has not been prevalence of a gender budget in the new dimension. The issue of social justice is gender & religion, but the laws on governance is a pertinent question to ask. Despite the carried out. A high number of individuals municipal council or corporation. Vilas said, disvalued when people from ‘economically made in the 74th Amendment are found to be Street Vendors Act Section 3.3 stating that no involved in urban governance are distant from “Even after representation of 52 women in weaker sections’ are not given an equal status formulated exclusive of issues of caste, gender street vendors shall be relocated or evicted till the farmer’s movement, the trade union the House, there is a need to run rights with respect to citizenship. There is also the and religion, which translates similarly on a survey of all street vendors as well as movements, and the Dalit movement. Thus, a movements in Mumbai. The reservation perspective of ‘poverty alleviation’ where such ground. For instance, in the case of the registration are done, evictions continue to be coalition of all group in the cities ensuring merely serves as a skill development tool and communities are labelled as beneficiaries, as nominations to ward committees in Bangalore, executed. The instance of the mayor of greater diversity in representation to sensitize does not translate into policy level or a burden and exception to the government, the rules states that resident’s association are Bangalore questioning the legality of street about the need to get back the power to the changes in existing schemes.” In one of bastis eating into its budgets. Therefore, social required to register and validate a minimum vendors illustrates this gap in social justice. people is required. This endeavour is to in Mumbai, an area sabha was formed where justice cannot merely be achieved through the number of years of registration. Resident Srinivas commented, “Therefore, nothing in ensure that people from disadvantaged group basic services have not been fulfilled at all. 74th Amendment. Welfare Associations are supposed to be the Act or the rules prevents the widespread get their rights and enjoy equal rights to the As one of the corporators being from a inclusive of all residents in the respective casteist, gendered injustices that are found city as would an individual in a relatively minority category, for the first time in A Review of 74th Constitutional Amendment Act: A National Level Roundtable

2. Role of Participatory Government can claim a stake in and ensure quality in this regard is vital. clear guidelines. Thus, no democratic process work that is initiated in the area, for instance recalling the councillor or the area sabha experienced in one constituency. The real deal aspect of it. 3. Social Justice Achieved Mechanisms control.” -Raju Bhise exists even in nomination of members. The construction of flyover.” Kathyayini Chamaraj. representatives by having no-confidence behind the non-implementation of the Only two percent of the ward committees have Participatory Democracy is to be actualized as court’s response to the case related it to the motions. No state has yet made any such Amendment lies at having exclusionary “In fact, each scheme that we have whether The panellists, Shaktiman Ghosh, National been instituted in the country so far. There is a The panellists of the session was chaired by The most importance issue with respect to it can be achieved at the grassroots levels or issue of waste disposal rather than looking at it The panellists also suggested that they should progressive provision, and even ward participatory system, which arises out of the Pradhanmantri Awas Yojana, the Smart Hawkers Federation( Kolkata), Vinay Srinivas, need to democratize and decentralize urban Sitaram Shelar, Centre for Promoting municipal urban governance, is the need to ward levels. It has been an uphill battle to even as an issue of urban body governance. also have the power to penalize the local committees are supposed to hold monthly unequal power dynamic, experienced in urban Cities Mission, the AMRUT (Atal Mission for Alternate Law Forum(Bengaluru), and Varsha governance especially when we are Democracy (Mumbai) were Raju Bhise, Right re-structure the existing urban governance initiate municipalities to devolve powers Chamraj said that they were in the process of ocials if they are not performing their duty. meetings, but it has been found that most area. People’s participation is often Rejuvenation and Urban Transformation) Vidya Vilas (Mumbai) discussed the session witnessing municipal bodies are being to City campaign( Mumbai), Kathyayani structure which is one-tiered and centralised. downwards to the ward committees, but the filing a petition that questions the way ward The mohalla sabhas and the ward committees corporators are not bothered to do the same. considered as governance of the past Mission, all have dierent forms of that was chaired by Rajendra Prabhakaran, sidelined by the PPP Model. The Smart Cities Chamraj, Civic Bangalore( Bengaluru) and For instance, the budget allocated to the Zilla implementation has not been possible after 25 committees have been constituted. Supreme should be involved in the total planning, The other progressive inclusion in the whereas it is important to reclaim this governance at the urban level and it is further Urban Justice Activist. Cities as it was have been exempt of any interference from Marina Joseph, YUVA (Mumbai).The panel Parishad may be considerably less than that years of work. Court judgments such as in the case of the 2G implementation, monitoring and social Parivartan Bill was to have Sustainable constitutionally guaranteed right. Marina fractured.” Marina Joseph conceived in 1992 has undergone change with the existing municipal corporation and will be discussed the idea of participatory cumulatively allotted to gram panchayats. & Coal Gate says that even in the case where auditing. Thus, total direct democracy was Development Goals with Human Development emphasised on the questions over who can respect to the actors, especially the marginal administered by a separate corporation for governance. The key points of the discussion Therefore, the functions and functionaries may Chamraj emphasized on the ‘may’ clause in they have authority it cannot use it arbitrarily, what they dreamt of, but none of this seems to Index at the ward level. For which a social claim or to whom does state allow to claim It was highlighted that it was important to groups such as street-vendors. Prior to the which the Special Purpose Vehicle (SPV) will revolved around moving towards direct be greater at the village panchayat level, it is the XXII Schedule, which states that functions but clear guidelines must be framed which be ideal. In 2005, there was some e ort infrastructure index of the ward was required; power. explore future endeavours with respect to 70’s, the cities were perceived to be a hotspot not be an elected ocial, but through the engagement of people in policy decisions this three-tier system that is required to be which ‘may’ be devolved to the ULG’s. The substantiate the decisions to be taken. towards promoting participation from the including a five-year ward vision plan, aiming participation as a right to the discourse of a of economic and social development. At the secretary for urban department. This has been from merely having representatives to do so, adopted in the urban areas. Activists and reason for this clause is that it is not a Although work has been on in this regard for a central government, through community to address basic rights/ amenities, however Participation becomes a mandate of the more city. same time, green revolution forced workers done so that, in the case of demolition of slums the role of people in the gradual process in researchers need to work towards breaking mandatory bill however the idea was that long time, little has changed with respect to participation law under JNNURM. But urban this was not materialized. There should be a privileged in a fragmented India. The objective out of their villages, into the cities. These for redevelopment activities, the elected achieving participatory governance and the the existing power dynamics in cities. Three states could add to it. The chief functions of constitution of ward committees. The purpose development being a state subject, could not monitoring committee attached to public is to improve youth participation in local communities became unemployed overnight, ocial is not held accountable. 496 cities have way forward to propose and critique to enable major challenges exist in establishing a the municipalities as per the 74th Amendment of the ward committees was to work be enforced in all states uniformly. Most states institutions so that the corporators can governance, considering the high as a result of rapidly industrializing urban been accorded the AMRUT status, yet 70% of people-friendly governance. participatory urban government: firstly, is to plan for social and economic transparently and accountably, this purpose opted for the nomination procedure over indirectly be held responsible for actualizing demographic dividend of youth (65% below 35 space that required a di erent technical skill the urban power have been found to reside in administrators are wary of devolving powers to development and social justice. The very basic was defeated when the court ruled that election for area sabhas. Karnataka opted for social and human development through years of age) and the formal political set. There was a wave of liberalization, these cities. The contradiction between the Bhise opened the discussion with the idea of elected representatives, secondly corporators requirements for social justice can be found to councillors should nominate ward members, nomination by the councillor of the area sabha people’s participatory platforms that already participation being gerontocratic. Large youth privatization, and globalization paralelly e orts informal sector and the governments agenda participatory urban governance being an are wary of the same devolving power, and be overlooked in the 18 functions in the 74th when citizens of Bangalore demanded that representative but in Karnataka State Law an exist. All committees are also linked to the participation has two perspectives, one being were taken to strengthen participatory of making rapid growth in GDP, has led to vast unaccounted aspect of decentralisation. The thirdly, people are not ready to invest their Amendment. There is no mandate present to notice be taken to their application. additional point states that if the councillor ward committees so that the ward committees the government’s mission to skill and provide democracy through decentralisation. economic inequalities and consequentially participation includes accepting suggestions time and money. The role of active citizenship work at the grassroots level to realize the does not recommend any name, the also work towards genuine human employment, and the other hand looking at Workers here who have been labelled as inequalities related to housing and and not decision-making process. It is is to be strengthened and the attitude of fundamental rights of citizens. This is because Mr. Arvind Kejriwal during his tenure at the commissioner must nominate a candidate development in the areas. There is no young population as a vote bank. Youth plays “unskilled” with the e ects of urbanisation, are infrastructure. The government has only important to focus on right term, as corporators need to change to improve the most states have stuck to these 18 functions NGO Parivartan had formulated an alternative within 90 days. Neither any councillor nor any provision for grievance redressal or jana an active role in the politics informally in rural identified as ‘poor’ by the government contributed to this situation, and concepts like decentralisation would be e ective when quality of participation and establishment of and devolved power on paper, not initiating was called the Nagara Rajya Bill as a model bill commissioner has nominated anyone from the spandana in the Act, even though it is as well as urban. They are the brains behind schemes despite being the primary Smart Cities do not permit any realization of citizens are stakeholders to the process. The accountability. any devolution at three levels of functions, for institutionalizing citizen participation. The area sabha representative, even though it is mandatory in rural areas. Though most of the the most successful social media political contributors in creating and sustaining the social justice, and it is the presence of these most important function in participatory funds and functionaries. provisions that were recommended were far mentioned in the act itself. No area sabhas states do say that in the ward committees and campaigns and implementing strategies on cities. These communities are doubly economic contradictions which is at the root of decentralised governance is to ensure equity ahead and focussed on direct democracy have been notified since the 2011 amendment. area sabhas planning must be initiated at the ground. On the other hand, young people are alienated in terms of materially and social the government’s need to push the informal in resource distribution. To work on a The 74th CAA has left the constitution of ward rather than participatory democracy. The 74th Hence there is no participatory democracy at grassroots level, but as area sabhas are not also used as participants of political agenda deprivation. sector outside the city. multiplicity of issues in the urban space is an committees up to the states, and most states CAA was to actualize Gandhi’s vision the area sabha level, totally being denied the even constituted, the planning is with through means of hate and violence. They are inherent motivation of this form of governance, have been unwilling to empower the citizens, of resurrecting Gram Swarajya which came right to participate. It is accepted in Panchayati parastatals and not at the municipal levels not the ones controlling the means of decision Shaktiman Ghosh opened by discussing about In the Olga Tellis v. Bombay Municipal and the roots of all these can be traced back which defeats the purpose the Amendment even before the independence struggle. Raj, Gram Sabhas are mandatory where at through the councillors. making. In places where governance has the shift towards a consumeristic state from Corporation Case Justice Chandrachud stated to resources. The second issue in cities, is which is to transfer power to the people. Most Nagar Swarajya was an afterthought, that the least namesake meetings take place. On the failed or is completely absent, the youth form welfare state. For example, governments’ 2015 that ‘hawking is a right’ resonant in the idea that of ownership. Participatory decentralised states have chosen for nominations as urban areas also require such self-reliant other hand, in many states the area sabhas are YUVA runs mohallah sabhas in Nagpur aspiring collectives to claim their space in smart cities scheme looked at cities as a that life is livelihood, and even after governance is of critical importance to opposed to having elected ward members communities whose livelihood depends not yet even put into the Act and where they campaigning for access to land rights, and in urban governance although it is not the norm. consumeristic privilege where they chose to introduction of the Street Vendors in 2014, strengthen the democratic process by creating such as in Kerala, Assam, West Bengal and and hence local control on local resources have been, they are found to be dysfunctional. Indore it has been able to register mohallah The notion of fractured citizenship especially consciously ignore the urban poor citizens. It is most cities are in the process of removing ‘ownership’ & strengthening ‘citizen rights’, Bihar. The nominations are primarily by and assets. The powers of the ward committees and the sabhas at the basti (slums) where they have among the youth is very high, but they are still to be questioned whether the state hawkers from the streets. The government especially for weaker sections. Further, economic independence which is political parties choosing their party workers, area sabhas are only recommendatory in successfully advocated for planning and able to collectivize. government or the central government has the seems to unwilling to accommodate such a prerequisite for establishing a strong as in the case of Karnataka. Over 25 years “Parivartan Bill went far in actualizing that, nature. Additionally, very few states have governance. Civil society groups get trapped political will to implement this Act. Recently, groups of people in their vision for the city. The “When rights are denied, it aids corruption participatory decentralised government, there are no cases of ward committees and the ward committees in addition to the devolved finances for their own use and grants in adhoc initiatives, in other words, it is not While discussing the role of Civil Society the mayor of Delhi stated the decision to requirements for the city as well as the urban in society. Access to rights, and control entails greater powers for the local bodies functioning continually, but only sporadically mohalla sabhas should have total control have not been given. Whereas in state like enough to have mohallah sabhas the Organisations in collectivising, YUVA, has attend a meeting that can only be taken with poor are not taken into consideration by the of systemic corruption can be achieved to negotiate with state governments and under citizen pressure, and wherever they over the properties in their area, and they Kerala forty percent of the funds is given to the governance system does not allow for area been trying to build an alternative build a approval of the municipal commissioner which planners of the city. Ghosh said, “The Urban by participatory self-governance, wherein curbing party politics. Local Bodies have have been found to be present it has been should have a and say in the decision-making ULG’s and they can devolve it further to the sabhas or ward sabhas to even be formulated. narrative of the city that is rooted in people’s contradicts the mandate of the 74th Renewal Mission a joint initiative of the Indian there is greater transparency in the become weaker due to GST replacing LBT. dysfunctional. Ward committees’ nominations process over the properties in their area. ward committees. Also, in the Parivartan Bill of Marina discussed how youth participates and struggles. The struggle is structural, Amendment which accords power to the Government & donor organisation, and the decision-making process, which the people Therefore, capacity building of local bodies have been devoid of transparency as well as They should have a say on any development 16 Arvind Kejriwal, there was a provision for fragmented notions of citizenship are constituting the legal, policy and scheme elected mayor. Smart Cities Mission all reflect of similar

exclusionary attitudes. How then can social layouts. Yet, it is often found that the to prevail. Hence, we do not need a tinkering up-scale neighbourhood. Lastly, the preamble Mumbai, and health specific budget was justice then be achieved in a society where association is exclusive only to people of a of the Act such as mohallah sabhas or ward and the constitution should be put to the right allocated and formulated through public prominence is given to western standards of certain class, who can influence rules and committees, but we need a fundamental use to reimagine the 74th Amendment. participation. This was done through the consumption and such actors who make nominations of the ward committees. The rules alteration of the 74th Amendment, to Vilas opined that it was desirable that the administration and the corporators, wherein significant contributions to the city are are devoid of any clause which ensures reimagine the ways our cities are built.” In e orts towards the implementation of the they had to firstly, answer questions posed by, excluded?” There is no housing rights diversity and greater participation from addition to this, the chances of a slum Amendment are posed questions. Firstly, with identify and prioritize citizen needs. Therefore, movement to resist and cease unlawful disadvantaged sections of the society in representative winning an election is low respect to participation, when reservation was to achieve, power to and for the people, work evictions. Street vendors movements are Karnataka. In Kerala, registered trade union considering the large sums of money pumped, implemented for the first time in Maharashtra, must be directed towards filling the lacunae in active across the country and many other members are required to constitute ward in return for power. The Street Vendors Act there was 15% reservation for SC’s, 60% for the Act. citizens are expected to participate in the committees, and in the case of West Bengal, provides for an elected Town Vendors ST’s, 27% for OBC, and 50 % for women overall movement. It is through sustained resistance women BPL cardholders are required to be in Committee in every municipality, which has a in 15 municipal corporations. Although Therefore, the fundamental questions that the space of social justice can be the ward committees. Now let us consider 40% reservation of seats to be filled by direct representation could have been better, the discussed were about the changes that have reclaimed. three disadvantaged groups in the city, election. In the case of Delhi Municipal responsibilities of these elected taken place in the urban space in the last 10-15 street-vendors, pourakarmikas, (waste pickers) Corporation, some street vendor leaders were representatives are not confined to one. years, the meaning of old and new and slum-dwellers. The Ejipura Slum elected, but along with them, were few leaders Similarly, when caste-based reservations are urbanisations to the city and whose vision was Demolition case in Bangalore involved 900 of ostentatious appearance and personality made, these are not exclusively for the weaker accepted when cities were renewed and odd people living in multi-storeyed buildings, who were known to splurge for the cause of sections, but for all those who fall into those reorganized. Before the 70’s the primary which collapsed eventually, and these houses the election. On the other hand, in the case of categories. Hence, when the elected function of the urban space was were given out on rent despite being nominations there were di erent resident representatives from the above stated industrialization, and to convert the ousted uninhabitable by the owners. Despite the groups and civic forums who put out an online categories are found to unable to formulate agrarian population to industrial labour. And council passing a resolution that both owners advertisement on social media platforms to schemes or agendas particularly for the post globalization cities have transformed as & tenants should be given homes, half of the call for nominations. One such nomination weaker section. The situation is the case of fertile ground for international capital. So, the land was given to private developer and the filled was a resident from Rajajinagar who filed political parties. Thus, the true objectives of intention of the investors is primarily to other half is reserved only for housing a false case in the Karnataka High Court to the 74th Amendment remain unfulfilled. develop the infrastructure of the cities, so the Srinivas stated that while discussing the 74th previous owners. Currently, the tenants have evict street-vendors, accusing them of purpose of urbanization itself has changed. In Amendment it had been clear that none of the been relocated 15 kms away, and the blocking the storm water drain. One of the Currently representation levels of women are such a privatized context there is lesser scope panellists believed that any social justice had developer has also mortgaged the land. The ward committees in Whitefield passed a at 52 %, compared to the 10% before 1992. Yet, to demand for right than when cities are run been achieved. The reasons behind this must 74th Amendment seems to have done nothing resolution to evict street vendors and they in this representation is merely a number, as by the citizens. In a privatized space, the idea be understood. Changes are required in the to prevent large injustices. Secondly, in the fact got evicted. Thus, urban governance in women representatives still do not have the of share is not taken into consideration, Act to enable social, economic and political case of municipal contract workers and other present times is the luxury of a specific class of power to implement. Women are part of with respect to resources and livelihood justice. The preamble also sets forward a such services such as solid waste people. child-care, health, education and sanitation opportunities. This is because global investors vision is to achieve justice, liberty equality and management which are obligatory functions of committees, but excluded from finance are redesigning and reimaging city spaces fraternity which is impossible without the municipalities, are outsourced to The re-imagination of this Act must happen committees. The participation of women in according to their market purposes. Therefore, achieving social justice. The various laws in the contractors in most cases in the country. In this ground up, but the groundwork of familiarizing slum committees is also nil. There is still no the question of social justice also takes a constitution address issues related to caste, case, why was the outsourcing not prevented with these social movements has not been prevalence of a gender budget in the new dimension. The issue of social justice is gender & religion, but the laws on governance is a pertinent question to ask. Despite the carried out. A high number of individuals municipal council or corporation. Vilas said, disvalued when people from ‘economically made in the 74th Amendment are found to be Street Vendors Act Section 3.3 stating that no involved in urban governance are distant from “Even after representation of 52 women in weaker sections’ are not given an equal status formulated exclusive of issues of caste, gender street vendors shall be relocated or evicted till the farmer’s movement, the trade union the House, there is a need to run rights with respect to citizenship. There is also the and religion, which translates similarly on a survey of all street vendors as well as movements, and the Dalit movement. Thus, a movements in Mumbai. The reservation perspective of ‘poverty alleviation’ where such ground. For instance, in the case of the registration are done, evictions continue to be coalition of all group in the cities ensuring merely serves as a skill development tool and communities are labelled as beneficiaries, as nominations to ward committees in Bangalore, executed. The instance of the mayor of greater diversity in representation to sensitize does not translate into policy level or a burden and exception to the government, the rules states that resident’s association are Bangalore questioning the legality of street about the need to get back the power to the changes in existing schemes.” In one of bastis eating into its budgets. Therefore, social required to register and validate a minimum vendors illustrates this gap in social justice. people is required. This endeavour is to in Mumbai, an area sabha was formed where justice cannot merely be achieved through the number of years of registration. Resident Srinivas commented, “Therefore, nothing in ensure that people from disadvantaged group basic services have not been fulfilled at all. 74th Amendment. Welfare Associations are supposed to be the Act or the rules prevents the widespread get their rights and enjoy equal rights to the As one of the corporators being from a inclusive of all residents in the respective casteist, gendered injustices that are found city as would an individual in a relatively minority category, for the first time in A Review of 74th Constitutional Amendment Act: A National Level Roundtable

2. Role of Participatory Government can claim a stake in and ensure quality in this regard is vital. clear guidelines. Thus, no democratic process work that is initiated in the area, for instance recalling the councillor or the area sabha experienced in one constituency. The real deal aspect of it. 3. Social Justice Achieved Mechanisms control.” -Raju Bhise exists even in nomination of members. The construction of flyover.” Kathyayini Chamaraj. representatives by having no-confidence behind the non-implementation of the Only two percent of the ward committees have Participatory Democracy is to be actualized as court’s response to the case related it to the motions. No state has yet made any such Amendment lies at having exclusionary “In fact, each scheme that we have whether The panellists, Shaktiman Ghosh, National been instituted in the country so far. There is a The panellists of the session was chaired by The most importance issue with respect to it can be achieved at the grassroots levels or issue of waste disposal rather than looking at it The panellists also suggested that they should progressive provision, and even ward participatory system, which arises out of the Pradhanmantri Awas Yojana, the Smart Hawkers Federation( Kolkata), Vinay Srinivas, need to democratize and decentralize urban Sitaram Shelar, Centre for Promoting municipal urban governance, is the need to ward levels. It has been an uphill battle to even as an issue of urban body governance. also have the power to penalize the local committees are supposed to hold monthly unequal power dynamic, experienced in urban Cities Mission, the AMRUT (Atal Mission for Alternate Law Forum(Bengaluru), and Varsha governance especially when we are Democracy (Mumbai) were Raju Bhise, Right re-structure the existing urban governance initiate municipalities to devolve powers Chamraj said that they were in the process of ocials if they are not performing their duty. meetings, but it has been found that most area. People’s participation is often Rejuvenation and Urban Transformation) Vidya Vilas (Mumbai) discussed the session witnessing municipal bodies are being to City campaign( Mumbai), Kathyayani structure which is one-tiered and centralised. downwards to the ward committees, but the filing a petition that questions the way ward The mohalla sabhas and the ward committees corporators are not bothered to do the same. considered as governance of the past Mission, all have dierent forms of that was chaired by Rajendra Prabhakaran, sidelined by the PPP Model. The Smart Cities Chamraj, Civic Bangalore( Bengaluru) and For instance, the budget allocated to the Zilla implementation has not been possible after 25 committees have been constituted. Supreme should be involved in the total planning, The other progressive inclusion in the whereas it is important to reclaim this governance at the urban level and it is further Urban Justice Activist. Cities as it was have been exempt of any interference from Marina Joseph, YUVA (Mumbai).The panel Parishad may be considerably less than that years of work. Court judgments such as in the case of the 2G implementation, monitoring and social Parivartan Bill was to have Sustainable constitutionally guaranteed right. Marina fractured.” Marina Joseph conceived in 1992 has undergone change with the existing municipal corporation and will be discussed the idea of participatory cumulatively allotted to gram panchayats. & Coal Gate says that even in the case where auditing. Thus, total direct democracy was Development Goals with Human Development emphasised on the questions over who can respect to the actors, especially the marginal administered by a separate corporation for governance. The key points of the discussion Therefore, the functions and functionaries may Chamraj emphasized on the ‘may’ clause in they have authority it cannot use it arbitrarily, what they dreamt of, but none of this seems to Index at the ward level. For which a social claim or to whom does state allow to claim It was highlighted that it was important to groups such as street-vendors. Prior to the which the Special Purpose Vehicle (SPV) will revolved around moving towards direct be greater at the village panchayat level, it is the XXII Schedule, which states that functions but clear guidelines must be framed which be ideal. In 2005, there was some e ort infrastructure index of the ward was required; power. explore future endeavours with respect to 70’s, the cities were perceived to be a hotspot not be an elected ocial, but through the engagement of people in policy decisions this three-tier system that is required to be which ‘may’ be devolved to the ULG’s. The substantiate the decisions to be taken. towards promoting participation from the including a five-year ward vision plan, aiming participation as a right to the discourse of a of economic and social development. At the secretary for urban department. This has been from merely having representatives to do so, adopted in the urban areas. Activists and reason for this clause is that it is not a Although work has been on in this regard for a central government, through community to address basic rights/ amenities, however Participation becomes a mandate of the more city. same time, green revolution forced workers done so that, in the case of demolition of slums the role of people in the gradual process in researchers need to work towards breaking mandatory bill however the idea was that long time, little has changed with respect to participation law under JNNURM. But urban this was not materialized. There should be a privileged in a fragmented India. The objective out of their villages, into the cities. These for redevelopment activities, the elected achieving participatory governance and the the existing power dynamics in cities. Three states could add to it. The chief functions of constitution of ward committees. The purpose development being a state subject, could not monitoring committee attached to public is to improve youth participation in local communities became unemployed overnight, ocial is not held accountable. 496 cities have way forward to propose and critique to enable major challenges exist in establishing a the municipalities as per the 74th Amendment of the ward committees was to work be enforced in all states uniformly. Most states institutions so that the corporators can governance, considering the high as a result of rapidly industrializing urban been accorded the AMRUT status, yet 70% of people-friendly governance. participatory urban government: firstly, is to plan for social and economic transparently and accountably, this purpose opted for the nomination procedure over indirectly be held responsible for actualizing demographic dividend of youth (65% below 35 space that required a di erent technical skill the urban power have been found to reside in administrators are wary of devolving powers to development and social justice. The very basic was defeated when the court ruled that election for area sabhas. Karnataka opted for social and human development through years of age) and the formal political set. There was a wave of liberalization, these cities. The contradiction between the Bhise opened the discussion with the idea of elected representatives, secondly corporators requirements for social justice can be found to councillors should nominate ward members, nomination by the councillor of the area sabha people’s participatory platforms that already participation being gerontocratic. Large youth privatization, and globalization paralelly e orts informal sector and the governments agenda participatory urban governance being an are wary of the same devolving power, and be overlooked in the 18 functions in the 74th when citizens of Bangalore demanded that representative but in Karnataka State Law an exist. All committees are also linked to the participation has two perspectives, one being were taken to strengthen participatory of making rapid growth in GDP, has led to vast unaccounted aspect of decentralisation. The thirdly, people are not ready to invest their Amendment. There is no mandate present to notice be taken to their application. additional point states that if the councillor ward committees so that the ward committees the government’s mission to skill and provide democracy through decentralisation. economic inequalities and consequentially participation includes accepting suggestions time and money. The role of active citizenship work at the grassroots level to realize the does not recommend any name, the also work towards genuine human employment, and the other hand looking at Workers here who have been labelled as inequalities related to housing and and not decision-making process. It is is to be strengthened and the attitude of fundamental rights of citizens. This is because Mr. Arvind Kejriwal during his tenure at the commissioner must nominate a candidate development in the areas. There is no young population as a vote bank. Youth plays “unskilled” with the e ects of urbanisation, are infrastructure. The government has only important to focus on right term, as corporators need to change to improve the most states have stuck to these 18 functions NGO Parivartan had formulated an alternative within 90 days. Neither any councillor nor any provision for grievance redressal or jana an active role in the politics informally in rural identified as ‘poor’ by the government contributed to this situation, and concepts like decentralisation would be e ective when quality of participation and establishment of and devolved power on paper, not initiating was called the Nagara Rajya Bill as a model bill commissioner has nominated anyone from the spandana in the Act, even though it is as well as urban. They are the brains behind schemes despite being the primary Smart Cities do not permit any realization of citizens are stakeholders to the process. The accountability. any devolution at three levels of functions, for institutionalizing citizen participation. The area sabha representative, even though it is mandatory in rural areas. Though most of the the most successful social media political contributors in creating and sustaining the social justice, and it is the presence of these most important function in participatory funds and functionaries. provisions that were recommended were far mentioned in the act itself. No area sabhas states do say that in the ward committees and campaigns and implementing strategies on cities. These communities are doubly economic contradictions which is at the root of decentralised governance is to ensure equity ahead and focussed on direct democracy have been notified since the 2011 amendment. area sabhas planning must be initiated at the ground. On the other hand, young people are alienated in terms of materially and social the government’s need to push the informal in resource distribution. To work on a The 74th CAA has left the constitution of ward rather than participatory democracy. The 74th Hence there is no participatory democracy at grassroots level, but as area sabhas are not also used as participants of political agenda deprivation. sector outside the city. multiplicity of issues in the urban space is an committees up to the states, and most states CAA was to actualize Gandhi’s vision the area sabha level, totally being denied the even constituted, the planning is with through means of hate and violence. They are inherent motivation of this form of governance, have been unwilling to empower the citizens, of resurrecting Gram Swarajya which came right to participate. It is accepted in Panchayati parastatals and not at the municipal levels not the ones controlling the means of decision Shaktiman Ghosh opened by discussing about In the Olga Tellis v. Bombay Municipal and the roots of all these can be traced back which defeats the purpose the Amendment even before the independence struggle. Raj, Gram Sabhas are mandatory where at through the councillors. making. In places where governance has the shift towards a consumeristic state from Corporation Case Justice Chandrachud stated to resources. The second issue in cities, is which is to transfer power to the people. Most Nagar Swarajya was an afterthought, that the least namesake meetings take place. On the failed or is completely absent, the youth form welfare state. For example, governments’ 2015 that ‘hawking is a right’ resonant in the idea that of ownership. Participatory decentralised states have chosen for nominations as urban areas also require such self-reliant other hand, in many states the area sabhas are YUVA runs mohallah sabhas in Nagpur aspiring collectives to claim their space in smart cities scheme looked at cities as a that life is livelihood, and even after governance is of critical importance to opposed to having elected ward members communities whose livelihood depends not yet even put into the Act and where they campaigning for access to land rights, and in urban governance although it is not the norm. consumeristic privilege where they chose to introduction of the Street Vendors in 2014, strengthen the democratic process by creating such as in Kerala, Assam, West Bengal and and hence local control on local resources have been, they are found to be dysfunctional. Indore it has been able to register mohallah The notion of fractured citizenship especially consciously ignore the urban poor citizens. It is most cities are in the process of removing ‘ownership’ & strengthening ‘citizen rights’, Bihar. The nominations are primarily by and assets. The powers of the ward committees and the sabhas at the basti (slums) where they have among the youth is very high, but they are still to be questioned whether the state hawkers from the streets. The government especially for weaker sections. Further, economic independence which is political parties choosing their party workers, area sabhas are only recommendatory in successfully advocated for planning and able to collectivize. government or the central government has the seems to unwilling to accommodate such a prerequisite for establishing a strong as in the case of Karnataka. Over 25 years “Parivartan Bill went far in actualizing that, nature. Additionally, very few states have governance. Civil society groups get trapped political will to implement this Act. Recently, groups of people in their vision for the city. The “When rights are denied, it aids corruption participatory decentralised government, there are no cases of ward committees and the ward committees in addition to the devolved finances for their own use and grants in adhoc initiatives, in other words, it is not While discussing the role of Civil Society the mayor of Delhi stated the decision to requirements for the city as well as the urban in society. Access to rights, and control entails greater powers for the local bodies functioning continually, but only sporadically mohalla sabhas should have total control have not been given. Whereas in state like enough to have mohallah sabhas the Organisations in collectivising, YUVA, has attend a meeting that can only be taken with poor are not taken into consideration by the of systemic corruption can be achieved to negotiate with state governments and under citizen pressure, and wherever they over the properties in their area, and they Kerala forty percent of the funds is given to the governance system does not allow for area been trying to build an alternative build a approval of the municipal commissioner which planners of the city. Ghosh said, “The Urban by participatory self-governance, wherein curbing party politics. Local Bodies have have been found to be present it has been should have a and say in the decision-making ULG’s and they can devolve it further to the sabhas or ward sabhas to even be formulated. narrative of the city that is rooted in people’s contradicts the mandate of the 74th Renewal Mission a joint initiative of the Indian there is greater transparency in the become weaker due to GST replacing LBT. dysfunctional. Ward committees’ nominations process over the properties in their area. ward committees. Also, in the Parivartan Bill of Marina discussed how youth participates and struggles. The struggle is structural, Amendment which accords power to the Government & donor organisation, and the decision-making process, which the people Therefore, capacity building of local bodies have been devoid of transparency as well as They should have a say on any development 17 Arvind Kejriwal, there was a provision for fragmented notions of citizenship are constituting the legal, policy and scheme elected mayor. Smart Cities Mission all reflect of similar

exclusionary attitudes. How then can social layouts. Yet, it is often found that the to prevail. Hence, we do not need a tinkering up-scale neighbourhood. Lastly, the preamble Mumbai, and health specific budget was justice then be achieved in a society where association is exclusive only to people of a of the Act such as mohallah sabhas or ward and the constitution should be put to the right allocated and formulated through public prominence is given to western standards of certain class, who can influence rules and committees, but we need a fundamental use to reimagine the 74th Amendment. participation. This was done through the consumption and such actors who make nominations of the ward committees. The rules alteration of the 74th Amendment, to Vilas opined that it was desirable that the administration and the corporators, wherein significant contributions to the city are are devoid of any clause which ensures reimagine the ways our cities are built.” In e orts towards the implementation of the they had to firstly, answer questions posed by, excluded?” There is no housing rights diversity and greater participation from addition to this, the chances of a slum Amendment are posed questions. Firstly, with identify and prioritize citizen needs. Therefore, movement to resist and cease unlawful disadvantaged sections of the society in representative winning an election is low respect to participation, when reservation was to achieve, power to and for the people, work evictions. Street vendors movements are Karnataka. In Kerala, registered trade union considering the large sums of money pumped, implemented for the first time in Maharashtra, must be directed towards filling the lacunae in active across the country and many other members are required to constitute ward in return for power. The Street Vendors Act there was 15% reservation for SC’s, 60% for the Act. citizens are expected to participate in the committees, and in the case of West Bengal, provides for an elected Town Vendors ST’s, 27% for OBC, and 50 % for women overall movement. It is through sustained resistance women BPL cardholders are required to be in Committee in every municipality, which has a in 15 municipal corporations. Although Therefore, the fundamental questions that the space of social justice can be the ward committees. Now let us consider 40% reservation of seats to be filled by direct representation could have been better, the discussed were about the changes that have reclaimed. three disadvantaged groups in the city, election. In the case of Delhi Municipal responsibilities of these elected taken place in the urban space in the last 10-15 street-vendors, pourakarmikas, (waste pickers) Corporation, some street vendor leaders were representatives are not confined to one. years, the meaning of old and new and slum-dwellers. The Ejipura Slum elected, but along with them, were few leaders Similarly, when caste-based reservations are urbanisations to the city and whose vision was Demolition case in Bangalore involved 900 of ostentatious appearance and personality made, these are not exclusively for the weaker accepted when cities were renewed and odd people living in multi-storeyed buildings, who were known to splurge for the cause of sections, but for all those who fall into those reorganized. Before the 70’s the primary which collapsed eventually, and these houses the election. On the other hand, in the case of categories. Hence, when the elected function of the urban space was were given out on rent despite being nominations there were di erent resident representatives from the above stated industrialization, and to convert the ousted uninhabitable by the owners. Despite the groups and civic forums who put out an online categories are found to unable to formulate agrarian population to industrial labour. And council passing a resolution that both owners advertisement on social media platforms to schemes or agendas particularly for the post globalization cities have transformed as & tenants should be given homes, half of the call for nominations. One such nomination weaker section. The situation is the case of fertile ground for international capital. So, the land was given to private developer and the filled was a resident from Rajajinagar who filed political parties. Thus, the true objectives of intention of the investors is primarily to other half is reserved only for housing a false case in the Karnataka High Court to the 74th Amendment remain unfulfilled. develop the infrastructure of the cities, so the Srinivas stated that while discussing the 74th previous owners. Currently, the tenants have evict street-vendors, accusing them of purpose of urbanization itself has changed. In Amendment it had been clear that none of the been relocated 15 kms away, and the blocking the storm water drain. One of the Currently representation levels of women are such a privatized context there is lesser scope panellists believed that any social justice had developer has also mortgaged the land. The ward committees in Whitefield passed a at 52 %, compared to the 10% before 1992. Yet, to demand for right than when cities are run been achieved. The reasons behind this must 74th Amendment seems to have done nothing resolution to evict street vendors and they in this representation is merely a number, as by the citizens. In a privatized space, the idea be understood. Changes are required in the to prevent large injustices. Secondly, in the fact got evicted. Thus, urban governance in women representatives still do not have the of share is not taken into consideration, Act to enable social, economic and political case of municipal contract workers and other present times is the luxury of a specific class of power to implement. Women are part of with respect to resources and livelihood justice. The preamble also sets forward a such services such as solid waste people. child-care, health, education and sanitation opportunities. This is because global investors vision is to achieve justice, liberty equality and management which are obligatory functions of committees, but excluded from finance are redesigning and reimaging city spaces fraternity which is impossible without the municipalities, are outsourced to The re-imagination of this Act must happen committees. The participation of women in according to their market purposes. Therefore, achieving social justice. The various laws in the contractors in most cases in the country. In this ground up, but the groundwork of familiarizing slum committees is also nil. There is still no the question of social justice also takes a constitution address issues related to caste, case, why was the outsourcing not prevented with these social movements has not been prevalence of a gender budget in the new dimension. The issue of social justice is gender & religion, but the laws on governance is a pertinent question to ask. Despite the carried out. A high number of individuals municipal council or corporation. Vilas said, disvalued when people from ‘economically made in the 74th Amendment are found to be Street Vendors Act Section 3.3 stating that no involved in urban governance are distant from “Even after representation of 52 women in weaker sections’ are not given an equal status formulated exclusive of issues of caste, gender street vendors shall be relocated or evicted till the farmer’s movement, the trade union the House, there is a need to run rights with respect to citizenship. There is also the and religion, which translates similarly on a survey of all street vendors as well as movements, and the Dalit movement. Thus, a movements in Mumbai. The reservation perspective of ‘poverty alleviation’ where such ground. For instance, in the case of the registration are done, evictions continue to be coalition of all group in the cities ensuring merely serves as a skill development tool and communities are labelled as beneficiaries, as nominations to ward committees in Bangalore, executed. The instance of the mayor of greater diversity in representation to sensitize does not translate into policy level or a burden and exception to the government, the rules states that resident’s association are Bangalore questioning the legality of street about the need to get back the power to the changes in existing schemes.” In one of bastis eating into its budgets. Therefore, social required to register and validate a minimum vendors illustrates this gap in social justice. people is required. This endeavour is to in Mumbai, an area sabha was formed where justice cannot merely be achieved through the number of years of registration. Resident Srinivas commented, “Therefore, nothing in ensure that people from disadvantaged group basic services have not been fulfilled at all. 74th Amendment. Welfare Associations are supposed to be the Act or the rules prevents the widespread get their rights and enjoy equal rights to the As one of the corporators being from a inclusive of all residents in the respective casteist, gendered injustices that are found city as would an individual in a relatively minority category, for the first time in A Review of 74th Constitutional Amendment Act: A National Level Roundtable

2. Role of Participatory Government can claim a stake in and ensure quality in this regard is vital. clear guidelines. Thus, no democratic process work that is initiated in the area, for instance recalling the councillor or the area sabha experienced in one constituency. The real deal aspect of it. 3. Social Justice Achieved Mechanisms control.” -Raju Bhise exists even in nomination of members. The construction of flyover.” Kathyayini Chamaraj. representatives by having no-confidence behind the non-implementation of the Only two percent of the ward committees have Participatory Democracy is to be actualized as court’s response to the case related it to the motions. No state has yet made any such Amendment lies at having exclusionary “In fact, each scheme that we have whether The panellists, Shaktiman Ghosh, National been instituted in the country so far. There is a The panellists of the session was chaired by The most importance issue with respect to it can be achieved at the grassroots levels or issue of waste disposal rather than looking at it The panellists also suggested that they should progressive provision, and even ward participatory system, which arises out of the Pradhanmantri Awas Yojana, the Smart Hawkers Federation( Kolkata), Vinay Srinivas, need to democratize and decentralize urban Sitaram Shelar, Centre for Promoting municipal urban governance, is the need to ward levels. It has been an uphill battle to even as an issue of urban body governance. also have the power to penalize the local committees are supposed to hold monthly unequal power dynamic, experienced in urban Cities Mission, the AMRUT (Atal Mission for Alternate Law Forum(Bengaluru), and Varsha governance especially when we are Democracy (Mumbai) were Raju Bhise, Right re-structure the existing urban governance initiate municipalities to devolve powers Chamraj said that they were in the process of ocials if they are not performing their duty. meetings, but it has been found that most area. People’s participation is often Rejuvenation and Urban Transformation) Vidya Vilas (Mumbai) discussed the session witnessing municipal bodies are being to City campaign( Mumbai), Kathyayani structure which is one-tiered and centralised. downwards to the ward committees, but the filing a petition that questions the way ward The mohalla sabhas and the ward committees corporators are not bothered to do the same. considered as governance of the past Mission, all have dierent forms of that was chaired by Rajendra Prabhakaran, sidelined by the PPP Model. The Smart Cities Chamraj, Civic Bangalore( Bengaluru) and For instance, the budget allocated to the Zilla implementation has not been possible after 25 committees have been constituted. Supreme should be involved in the total planning, The other progressive inclusion in the whereas it is important to reclaim this governance at the urban level and it is further Urban Justice Activist. Cities as it was have been exempt of any interference from Marina Joseph, YUVA (Mumbai).The panel Parishad may be considerably less than that years of work. Court judgments such as in the case of the 2G implementation, monitoring and social Parivartan Bill was to have Sustainable constitutionally guaranteed right. Marina fractured.” Marina Joseph conceived in 1992 has undergone change with the existing municipal corporation and will be discussed the idea of participatory cumulatively allotted to gram panchayats. & Coal Gate says that even in the case where auditing. Thus, total direct democracy was Development Goals with Human Development emphasised on the questions over who can respect to the actors, especially the marginal administered by a separate corporation for governance. The key points of the discussion Therefore, the functions and functionaries may Chamraj emphasized on the ‘may’ clause in they have authority it cannot use it arbitrarily, what they dreamt of, but none of this seems to Index at the ward level. For which a social claim or to whom does state allow to claim It was highlighted that it was important to groups such as street-vendors. Prior to the which the Special Purpose Vehicle (SPV) will revolved around moving towards direct be greater at the village panchayat level, it is the XXII Schedule, which states that functions but clear guidelines must be framed which be ideal. In 2005, there was some e ort infrastructure index of the ward was required; power. explore future endeavours with respect to 70’s, the cities were perceived to be a hotspot not be an elected ocial, but through the engagement of people in policy decisions this three-tier system that is required to be which ‘may’ be devolved to the ULG’s. The substantiate the decisions to be taken. towards promoting participation from the including a five-year ward vision plan, aiming participation as a right to the discourse of a of economic and social development. At the secretary for urban department. This has been from merely having representatives to do so, adopted in the urban areas. Activists and reason for this clause is that it is not a Although work has been on in this regard for a central government, through community to address basic rights/ amenities, however Participation becomes a mandate of the more city. same time, green revolution forced workers done so that, in the case of demolition of slums the role of people in the gradual process in researchers need to work towards breaking mandatory bill however the idea was that long time, little has changed with respect to participation law under JNNURM. But urban this was not materialized. There should be a privileged in a fragmented India. The objective out of their villages, into the cities. These for redevelopment activities, the elected achieving participatory governance and the the existing power dynamics in cities. Three states could add to it. The chief functions of constitution of ward committees. The purpose development being a state subject, could not monitoring committee attached to public is to improve youth participation in local communities became unemployed overnight, ocial is not held accountable. 496 cities have way forward to propose and critique to enable major challenges exist in establishing a the municipalities as per the 74th Amendment of the ward committees was to work be enforced in all states uniformly. Most states institutions so that the corporators can governance, considering the high as a result of rapidly industrializing urban been accorded the AMRUT status, yet 70% of people-friendly governance. participatory urban government: firstly, is to plan for social and economic transparently and accountably, this purpose opted for the nomination procedure over indirectly be held responsible for actualizing demographic dividend of youth (65% below 35 space that required a di erent technical skill the urban power have been found to reside in administrators are wary of devolving powers to development and social justice. The very basic was defeated when the court ruled that election for area sabhas. Karnataka opted for social and human development through years of age) and the formal political set. There was a wave of liberalization, these cities. The contradiction between the Bhise opened the discussion with the idea of elected representatives, secondly corporators requirements for social justice can be found to councillors should nominate ward members, nomination by the councillor of the area sabha people’s participatory platforms that already participation being gerontocratic. Large youth privatization, and globalization paralelly e orts informal sector and the governments agenda participatory urban governance being an are wary of the same devolving power, and be overlooked in the 18 functions in the 74th when citizens of Bangalore demanded that representative but in Karnataka State Law an exist. All committees are also linked to the participation has two perspectives, one being were taken to strengthen participatory of making rapid growth in GDP, has led to vast unaccounted aspect of decentralisation. The thirdly, people are not ready to invest their Amendment. There is no mandate present to notice be taken to their application. additional point states that if the councillor ward committees so that the ward committees the government’s mission to skill and provide democracy through decentralisation. economic inequalities and consequentially participation includes accepting suggestions time and money. The role of active citizenship work at the grassroots level to realize the does not recommend any name, the also work towards genuine human employment, and the other hand looking at Workers here who have been labelled as inequalities related to housing and and not decision-making process. It is is to be strengthened and the attitude of fundamental rights of citizens. This is because Mr. Arvind Kejriwal during his tenure at the commissioner must nominate a candidate development in the areas. There is no young population as a vote bank. Youth plays “unskilled” with the e ects of urbanisation, are infrastructure. The government has only important to focus on right term, as corporators need to change to improve the most states have stuck to these 18 functions NGO Parivartan had formulated an alternative within 90 days. Neither any councillor nor any provision for grievance redressal or jana an active role in the politics informally in rural identified as ‘poor’ by the government contributed to this situation, and concepts like decentralisation would be e ective when quality of participation and establishment of and devolved power on paper, not initiating was called the Nagara Rajya Bill as a model bill commissioner has nominated anyone from the spandana in the Act, even though it is as well as urban. They are the brains behind schemes despite being the primary Smart Cities do not permit any realization of citizens are stakeholders to the process. The accountability. any devolution at three levels of functions, for institutionalizing citizen participation. The area sabha representative, even though it is mandatory in rural areas. Though most of the the most successful social media political contributors in creating and sustaining the social justice, and it is the presence of these most important function in participatory funds and functionaries. provisions that were recommended were far mentioned in the act itself. No area sabhas states do say that in the ward committees and campaigns and implementing strategies on cities. These communities are doubly economic contradictions which is at the root of decentralised governance is to ensure equity ahead and focussed on direct democracy have been notified since the 2011 amendment. area sabhas planning must be initiated at the ground. On the other hand, young people are alienated in terms of materially and social the government’s need to push the informal in resource distribution. To work on a The 74th CAA has left the constitution of ward rather than participatory democracy. The 74th Hence there is no participatory democracy at grassroots level, but as area sabhas are not also used as participants of political agenda deprivation. sector outside the city. multiplicity of issues in the urban space is an committees up to the states, and most states CAA was to actualize Gandhi’s vision the area sabha level, totally being denied the even constituted, the planning is with through means of hate and violence. They are inherent motivation of this form of governance, have been unwilling to empower the citizens, of resurrecting Gram Swarajya which came right to participate. It is accepted in Panchayati parastatals and not at the municipal levels not the ones controlling the means of decision Shaktiman Ghosh opened by discussing about In the Olga Tellis v. Bombay Municipal and the roots of all these can be traced back which defeats the purpose the Amendment even before the independence struggle. Raj, Gram Sabhas are mandatory where at through the councillors. making. In places where governance has the shift towards a consumeristic state from Corporation Case Justice Chandrachud stated to resources. The second issue in cities, is which is to transfer power to the people. Most Nagar Swarajya was an afterthought, that the least namesake meetings take place. On the failed or is completely absent, the youth form welfare state. For example, governments’ 2015 that ‘hawking is a right’ resonant in the idea that of ownership. Participatory decentralised states have chosen for nominations as urban areas also require such self-reliant other hand, in many states the area sabhas are YUVA runs mohallah sabhas in Nagpur aspiring collectives to claim their space in smart cities scheme looked at cities as a that life is livelihood, and even after governance is of critical importance to opposed to having elected ward members communities whose livelihood depends not yet even put into the Act and where they campaigning for access to land rights, and in urban governance although it is not the norm. consumeristic privilege where they chose to introduction of the Street Vendors in 2014, strengthen the democratic process by creating such as in Kerala, Assam, West Bengal and and hence local control on local resources have been, they are found to be dysfunctional. Indore it has been able to register mohallah The notion of fractured citizenship especially consciously ignore the urban poor citizens. It is most cities are in the process of removing ‘ownership’ & strengthening ‘citizen rights’, Bihar. The nominations are primarily by and assets. The powers of the ward committees and the sabhas at the basti (slums) where they have among the youth is very high, but they are still to be questioned whether the state hawkers from the streets. The government especially for weaker sections. Further, economic independence which is political parties choosing their party workers, area sabhas are only recommendatory in successfully advocated for planning and able to collectivize. government or the central government has the seems to unwilling to accommodate such a prerequisite for establishing a strong as in the case of Karnataka. Over 25 years “Parivartan Bill went far in actualizing that, nature. Additionally, very few states have governance. Civil society groups get trapped political will to implement this Act. Recently, groups of people in their vision for the city. The “When rights are denied, it aids corruption participatory decentralised government, there are no cases of ward committees and the ward committees in addition to the devolved finances for their own use and grants in adhoc initiatives, in other words, it is not While discussing the role of Civil Society the mayor of Delhi stated the decision to requirements for the city as well as the urban in society. Access to rights, and control entails greater powers for the local bodies functioning continually, but only sporadically mohalla sabhas should have total control have not been given. Whereas in state like enough to have mohallah sabhas the Organisations in collectivising, YUVA, has attend a meeting that can only be taken with poor are not taken into consideration by the of systemic corruption can be achieved to negotiate with state governments and under citizen pressure, and wherever they over the properties in their area, and they Kerala forty percent of the funds is given to the governance system does not allow for area been trying to build an alternative build a approval of the municipal commissioner which planners of the city. Ghosh said, “The Urban by participatory self-governance, wherein curbing party politics. Local Bodies have have been found to be present it has been should have a and say in the decision-making ULG’s and they can devolve it further to the sabhas or ward sabhas to even be formulated. narrative of the city that is rooted in people’s contradicts the mandate of the 74th Renewal Mission a joint initiative of the Indian there is greater transparency in the become weaker due to GST replacing LBT. dysfunctional. Ward committees’ nominations process over the properties in their area. ward committees. Also, in the Parivartan Bill of Marina discussed how youth participates and struggles. The struggle is structural, Amendment which accords power to the Government & donor organisation, and the decision-making process, which the people Therefore, capacity building of local bodies have been devoid of transparency as well as They should have a say on any development Arvind Kejriwal, there was a provision for fragmented notions of citizenship are constituting the legal, policy and scheme 18 elected mayor. Smart Cities Mission all reflect of similar

exclusionary attitudes. How then can social layouts. Yet, it is often found that the to prevail. Hence, we do not need a tinkering up-scale neighbourhood. Lastly, the preamble Mumbai, and health specific budget was justice then be achieved in a society where association is exclusive only to people of a of the Act such as mohallah sabhas or ward and the constitution should be put to the right allocated and formulated through public prominence is given to western standards of certain class, who can influence rules and committees, but we need a fundamental use to reimagine the 74th Amendment. participation. This was done through the consumption and such actors who make nominations of the ward committees. The rules alteration of the 74th Amendment, to Vilas opined that it was desirable that the administration and the corporators, wherein significant contributions to the city are are devoid of any clause which ensures reimagine the ways our cities are built.” In e orts towards the implementation of the they had to firstly, answer questions posed by, excluded?” There is no housing rights diversity and greater participation from addition to this, the chances of a slum Amendment are posed questions. Firstly, with identify and prioritize citizen needs. Therefore, movement to resist and cease unlawful disadvantaged sections of the society in representative winning an election is low respect to participation, when reservation was to achieve, power to and for the people, work evictions. Street vendors movements are Karnataka. In Kerala, registered trade union considering the large sums of money pumped, implemented for the first time in Maharashtra, must be directed towards filling the lacunae in active across the country and many other members are required to constitute ward in return for power. The Street Vendors Act there was 15% reservation for SC’s, 60% for the Act. citizens are expected to participate in the committees, and in the case of West Bengal, provides for an elected Town Vendors ST’s, 27% for OBC, and 50 % for women overall movement. It is through sustained resistance women BPL cardholders are required to be in Committee in every municipality, which has a in 15 municipal corporations. Although Therefore, the fundamental questions that the space of social justice can be the ward committees. Now let us consider 40% reservation of seats to be filled by direct representation could have been better, the discussed were about the changes that have reclaimed. three disadvantaged groups in the city, election. In the case of Delhi Municipal responsibilities of these elected taken place in the urban space in the last 10-15 street-vendors, pourakarmikas, (waste pickers) Corporation, some street vendor leaders were representatives are not confined to one. years, the meaning of old and new and slum-dwellers. The Ejipura Slum elected, but along with them, were few leaders Similarly, when caste-based reservations are urbanisations to the city and whose vision was Demolition case in Bangalore involved 900 of ostentatious appearance and personality made, these are not exclusively for the weaker accepted when cities were renewed and odd people living in multi-storeyed buildings, who were known to splurge for the cause of sections, but for all those who fall into those reorganized. Before the 70’s the primary which collapsed eventually, and these houses the election. On the other hand, in the case of categories. Hence, when the elected function of the urban space was were given out on rent despite being nominations there were di erent resident representatives from the above stated industrialization, and to convert the ousted uninhabitable by the owners. Despite the groups and civic forums who put out an online categories are found to unable to formulate agrarian population to industrial labour. And council passing a resolution that both owners advertisement on social media platforms to schemes or agendas particularly for the post globalization cities have transformed as & tenants should be given homes, half of the call for nominations. One such nomination weaker section. The situation is the case of fertile ground for international capital. So, the land was given to private developer and the filled was a resident from Rajajinagar who filed political parties. Thus, the true objectives of intention of the investors is primarily to other half is reserved only for housing a false case in the Karnataka High Court to the 74th Amendment remain unfulfilled. develop the infrastructure of the cities, so the Srinivas stated that while discussing the 74th previous owners. Currently, the tenants have evict street-vendors, accusing them of purpose of urbanization itself has changed. In Amendment it had been clear that none of the been relocated 15 kms away, and the blocking the storm water drain. One of the Currently representation levels of women are such a privatized context there is lesser scope panellists believed that any social justice had developer has also mortgaged the land. The ward committees in Whitefield passed a at 52 %, compared to the 10% before 1992. Yet, to demand for right than when cities are run been achieved. The reasons behind this must 74th Amendment seems to have done nothing resolution to evict street vendors and they in this representation is merely a number, as by the citizens. In a privatized space, the idea be understood. Changes are required in the to prevent large injustices. Secondly, in the fact got evicted. Thus, urban governance in women representatives still do not have the of share is not taken into consideration, Act to enable social, economic and political case of municipal contract workers and other present times is the luxury of a specific class of power to implement. Women are part of with respect to resources and livelihood justice. The preamble also sets forward a such services such as solid waste people. child-care, health, education and sanitation opportunities. This is because global investors vision is to achieve justice, liberty equality and management which are obligatory functions of committees, but excluded from finance are redesigning and reimaging city spaces fraternity which is impossible without the municipalities, are outsourced to The re-imagination of this Act must happen committees. The participation of women in according to their market purposes. Therefore, achieving social justice. The various laws in the contractors in most cases in the country. In this ground up, but the groundwork of familiarizing slum committees is also nil. There is still no the question of social justice also takes a constitution address issues related to caste, case, why was the outsourcing not prevented with these social movements has not been prevalence of a gender budget in the new dimension. The issue of social justice is gender & religion, but the laws on governance is a pertinent question to ask. Despite the carried out. A high number of individuals municipal council or corporation. Vilas said, disvalued when people from ‘economically made in the 74th Amendment are found to be Street Vendors Act Section 3.3 stating that no involved in urban governance are distant from “Even after representation of 52 women in weaker sections’ are not given an equal status formulated exclusive of issues of caste, gender street vendors shall be relocated or evicted till the farmer’s movement, the trade union the House, there is a need to run rights with respect to citizenship. There is also the and religion, which translates similarly on a survey of all street vendors as well as movements, and the Dalit movement. Thus, a movements in Mumbai. The reservation perspective of ‘poverty alleviation’ where such ground. For instance, in the case of the registration are done, evictions continue to be coalition of all group in the cities ensuring merely serves as a skill development tool and communities are labelled as beneficiaries, as nominations to ward committees in Bangalore, executed. The instance of the mayor of greater diversity in representation to sensitize does not translate into policy level or a burden and exception to the government, the rules states that resident’s association are Bangalore questioning the legality of street about the need to get back the power to the changes in existing schemes.” In one of bastis eating into its budgets. Therefore, social required to register and validate a minimum vendors illustrates this gap in social justice. people is required. This endeavour is to in Mumbai, an area sabha was formed where justice cannot merely be achieved through the number of years of registration. Resident Srinivas commented, “Therefore, nothing in ensure that people from disadvantaged group basic services have not been fulfilled at all. 74th Amendment. Welfare Associations are supposed to be the Act or the rules prevents the widespread get their rights and enjoy equal rights to the As one of the corporators being from a inclusive of all residents in the respective casteist, gendered injustices that are found city as would an individual in a relatively minority category, for the first time in A Review of 74th Constitutional Amendment Act: A National Level Roundtable

3. Social Justice Achieved Only two percent of the ward committees have The panellists, Shaktiman Ghosh, National been instituted in the country so far. There is a Hawkers Federation( Kolkata), Vinay Srinivas, need to democratize and decentralize urban Alternate Law Forum(Bengaluru), and Varsha governance especially when we are Vidya Vilas (Mumbai) discussed the session witnessing municipal bodies are being that was chaired by Rajendra Prabhakaran, sidelined by the PPP Model. The Smart Cities Urban Justice Activist. Cities as it was have been exempt of any interference from conceived in 1992 has undergone change with the existing municipal corporation and will be respect to the actors, especially the marginal administered by a separate corporation for groups such as street-vendors. Prior to the which the Special Purpose Vehicle (SPV) will 70’s, the cities were perceived to be a hotspot not be an elected ocial, but through the of economic and social development. At the secretary for urban department. This has been same time, green revolution forced workers done so that, in the case of demolition of slums out of their villages, into the cities. These for redevelopment activities, the elected communities became unemployed overnight, ocial is not held accountable. 496 cities have as a result of rapidly industrializing urban been accorded the AMRUT status, yet 70% of space that required a di erent technical skill the urban power have been found to reside in set. There was a wave of liberalization, these cities. The contradiction between the privatization, and globalization paralelly e orts informal sector and the governments agenda were taken to strengthen participatory of making rapid growth in GDP, has led to vast democracy through decentralisation. economic inequalities and consequentially Workers here who have been labelled as inequalities related to housing and “unskilled” with the e ects of urbanisation, are infrastructure. The government has only identified as ‘poor’ by the government contributed to this situation, and concepts like schemes despite being the primary Smart Cities do not permit any realization of contributors in creating and sustaining the social justice, and it is the presence of these cities. These communities are doubly economic contradictions which is at the root of alienated in terms of materially and social the government’s need to push the informal deprivation. sector outside the city.

Shaktiman Ghosh opened by discussing about In the Olga Tellis v. Bombay Municipal the shift towards a consumeristic state from Corporation Case Justice Chandrachud stated welfare state. For example, governments’ 2015 that ‘hawking is a right’ resonant in the idea smart cities scheme looked at cities as a that life is livelihood, and even after consumeristic privilege where they chose to introduction of the Street Vendors in 2014, consciously ignore the urban poor citizens. It is most cities are in the process of removing to be questioned whether the state hawkers from the streets. The government government or the central government has the seems to unwilling to accommodate such political will to implement this Act. Recently, groups of people in their vision for the city. The the mayor of Delhi stated the decision to requirements for the city as well as the urban attend a meeting that can only be taken with poor are not taken into consideration by the approval of the municipal commissioner which planners of the city. Ghosh said, “The Urban contradicts the mandate of the 74th Renewal Mission a joint initiative of the Indian Amendment which accords power to the Government & donor organisation, and the 19 elected mayor. Smart Cities Mission all reflect of similar

exclusionary attitudes. How then can social layouts. Yet, it is often found that the to prevail. Hence, we do not need a tinkering up-scale neighbourhood. Lastly, the preamble Mumbai, and health specific budget was justice then be achieved in a society where association is exclusive only to people of a of the Act such as mohallah sabhas or ward and the constitution should be put to the right allocated and formulated through public prominence is given to western standards of certain class, who can influence rules and committees, but we need a fundamental use to reimagine the 74th Amendment. participation. This was done through the consumption and such actors who make nominations of the ward committees. The rules alteration of the 74th Amendment, to Vilas opined that it was desirable that the administration and the corporators, wherein significant contributions to the city are are devoid of any clause which ensures reimagine the ways our cities are built.” In e orts towards the implementation of the they had to firstly, answer questions posed by, excluded?” There is no housing rights diversity and greater participation from addition to this, the chances of a slum Amendment are posed questions. Firstly, with identify and prioritize citizen needs. Therefore, movement to resist and cease unlawful disadvantaged sections of the society in representative winning an election is low respect to participation, when reservation was to achieve, power to and for the people, work evictions. Street vendors movements are Karnataka. In Kerala, registered trade union considering the large sums of money pumped, implemented for the first time in Maharashtra, must be directed towards filling the lacunae in active across the country and many other members are required to constitute ward in return for power. The Street Vendors Act there was 15% reservation for SC’s, 60% for the Act. citizens are expected to participate in the committees, and in the case of West Bengal, provides for an elected Town Vendors ST’s, 27% for OBC, and 50 % for women overall movement. It is through sustained resistance women BPL cardholders are required to be in Committee in every municipality, which has a in 15 municipal corporations. Although Therefore, the fundamental questions that the space of social justice can be the ward committees. Now let us consider 40% reservation of seats to be filled by direct representation could have been better, the discussed were about the changes that have reclaimed. three disadvantaged groups in the city, election. In the case of Delhi Municipal responsibilities of these elected taken place in the urban space in the last 10-15 street-vendors, pourakarmikas, (waste pickers) Corporation, some street vendor leaders were representatives are not confined to one. years, the meaning of old and new and slum-dwellers. The Ejipura Slum elected, but along with them, were few leaders Similarly, when caste-based reservations are urbanisations to the city and whose vision was Demolition case in Bangalore involved 900 of ostentatious appearance and personality made, these are not exclusively for the weaker accepted when cities were renewed and odd people living in multi-storeyed buildings, who were known to splurge for the cause of sections, but for all those who fall into those reorganized. Before the 70’s the primary which collapsed eventually, and these houses the election. On the other hand, in the case of categories. Hence, when the elected function of the urban space was were given out on rent despite being nominations there were di erent resident representatives from the above stated industrialization, and to convert the ousted uninhabitable by the owners. Despite the groups and civic forums who put out an online categories are found to unable to formulate agrarian population to industrial labour. And council passing a resolution that both owners advertisement on social media platforms to schemes or agendas particularly for the post globalization cities have transformed as & tenants should be given homes, half of the call for nominations. One such nomination weaker section. The situation is the case of fertile ground for international capital. So, the land was given to private developer and the filled was a resident from Rajajinagar who filed political parties. Thus, the true objectives of intention of the investors is primarily to other half is reserved only for housing a false case in the Karnataka High Court to the 74th Amendment remain unfulfilled. develop the infrastructure of the cities, so the Srinivas stated that while discussing the 74th previous owners. Currently, the tenants have evict street-vendors, accusing them of purpose of urbanization itself has changed. In Amendment it had been clear that none of the been relocated 15 kms away, and the blocking the storm water drain. One of the Currently representation levels of women are such a privatized context there is lesser scope panellists believed that any social justice had developer has also mortgaged the land. The ward committees in Whitefield passed a at 52 %, compared to the 10% before 1992. Yet, to demand for right than when cities are run been achieved. The reasons behind this must 74th Amendment seems to have done nothing resolution to evict street vendors and they in this representation is merely a number, as by the citizens. In a privatized space, the idea be understood. Changes are required in the to prevent large injustices. Secondly, in the fact got evicted. Thus, urban governance in women representatives still do not have the of share is not taken into consideration, Act to enable social, economic and political case of municipal contract workers and other present times is the luxury of a specific class of power to implement. Women are part of with respect to resources and livelihood justice. The preamble also sets forward a such services such as solid waste people. child-care, health, education and sanitation opportunities. This is because global investors vision is to achieve justice, liberty equality and management which are obligatory functions of committees, but excluded from finance are redesigning and reimaging city spaces fraternity which is impossible without the municipalities, are outsourced to The re-imagination of this Act must happen committees. The participation of women in according to their market purposes. Therefore, achieving social justice. The various laws in the contractors in most cases in the country. In this ground up, but the groundwork of familiarizing slum committees is also nil. There is still no the question of social justice also takes a constitution address issues related to caste, case, why was the outsourcing not prevented with these social movements has not been prevalence of a gender budget in the new dimension. The issue of social justice is gender & religion, but the laws on governance is a pertinent question to ask. Despite the carried out. A high number of individuals municipal council or corporation. Vilas said, disvalued when people from ‘economically made in the 74th Amendment are found to be Street Vendors Act Section 3.3 stating that no involved in urban governance are distant from “Even after representation of 52 women in weaker sections’ are not given an equal status formulated exclusive of issues of caste, gender street vendors shall be relocated or evicted till the farmer’s movement, the trade union the House, there is a need to run rights with respect to citizenship. There is also the and religion, which translates similarly on a survey of all street vendors as well as movements, and the Dalit movement. Thus, a movements in Mumbai. The reservation perspective of ‘poverty alleviation’ where such ground. For instance, in the case of the registration are done, evictions continue to be coalition of all group in the cities ensuring merely serves as a skill development tool and communities are labelled as beneficiaries, as nominations to ward committees in Bangalore, executed. The instance of the mayor of greater diversity in representation to sensitize does not translate into policy level or a burden and exception to the government, the rules states that resident’s association are Bangalore questioning the legality of street about the need to get back the power to the changes in existing schemes.” In one of bastis eating into its budgets. Therefore, social required to register and validate a minimum vendors illustrates this gap in social justice. people is required. This endeavour is to in Mumbai, an area sabha was formed where justice cannot merely be achieved through the number of years of registration. Resident Srinivas commented, “Therefore, nothing in ensure that people from disadvantaged group basic services have not been fulfilled at all. 74th Amendment. Welfare Associations are supposed to be the Act or the rules prevents the widespread get their rights and enjoy equal rights to the As one of the corporators being from a inclusive of all residents in the respective casteist, gendered injustices that are found city as would an individual in a relatively minority category, for the first time in 3. Social Justice Achieved Only two percent of the ward committees have The panellists, Shaktiman Ghosh, National been instituted in the country so far. There is a Hawkers Federation( Kolkata), Vinay Srinivas, need to democratize and decentralize urban Alternate Law Forum(Bengaluru), and Varsha governance especially when we are Vidya Vilas (Mumbai) discussed the session witnessing municipal bodies are being that was chaired by Rajendra Prabhakaran, sidelined by the PPP Model. The Smart Cities Urban Justice Activist. Cities as it was have been exempt of any interference from conceived in 1992 has undergone change with the existing municipal corporation and will be respect to the actors, especially the marginal administered by a separate corporation for groups such as street-vendors. Prior to the which the Special Purpose Vehicle (SPV) will 70’s, the cities were perceived to be a hotspot not be an elected ocial, but through the of economic and social development. At the secretary for urban department. This has been same time, green revolution forced workers done so that, in the case of demolition of slums out of their villages, into the cities. These for redevelopment activities, the elected communities became unemployed overnight, ocial is not held accountable. 496 cities have as a result of rapidly industrializing urban been accorded the AMRUT status, yet 70% of space that required a di erent technical skill the urban power have been found to reside in set. There was a wave of liberalization, these cities. The contradiction between the privatization, and globalization paralelly e orts informal sector and the governments agenda were taken to strengthen participatory of making rapid growth in GDP, has led to vast democracy through decentralisation. economic inequalities and consequentially Workers here who have been labelled as inequalities related to housing and “unskilled” with the e ects of urbanisation, are infrastructure. The government has only identified as ‘poor’ by the government contributed to this situation, and concepts like schemes despite being the primary Smart Cities do not permit any realization of contributors in creating and sustaining the social justice, and it is the presence of these cities. These communities are doubly economic contradictions which is at the root of alienated in terms of materially and social the government’s need to push the informal deprivation. sector outside the city.

Shaktiman Ghosh opened by discussing about In the Olga Tellis v. Bombay Municipal the shift towards a consumeristic state from Corporation Case Justice Chandrachud stated welfare state. For example, governments’ 2015 that ‘hawking is a right’ resonant in the idea smart cities scheme looked at cities as a that life is livelihood, and even after consumeristic privilege where they chose to introduction of the Street Vendors in 2014, consciously ignore the urban poor citizens. It is most cities are in the process of removing to be questioned whether the state hawkers from the streets. The government government or the central government has the seems to unwilling to accommodate such political will to implement this Act. Recently, groups of people in their vision for the city. The the mayor of Delhi stated the decision to requirements for the city as well as the urban attend a meeting that can only be taken with poor are not taken into consideration by the approval of the municipal commissioner which planners of the city. Ghosh said, “The Urban contradicts the mandate of the 74th Renewal Mission a joint initiative of the Indian Amendment which accords power to the Government & donor organisation, and the elected mayor. Smart Cities Mission all reflect of similar

A Review of 74th Constitutional Amendment Act: A National Level Roundtable exclusionary attitudes. How then can social layouts. Yet, it is often found that the to prevail. Hence, we do not need a tinkering up-scale neighbourhood. Lastly, the preamble Mumbai, and health specific budget was 5. Conclusion heterogeneous in nature, with variation in are a series of institutions which are now made • We propose that as collective of CSO, justice then be achieved in a society where association is exclusive only to people of a of the Act such as mohallah sabhas or ward and the constitution should be put to the right allocated and formulated through public sizes and power to purchase property. It must constitutional institutions with provisions for an academicians, practitioners, elected prominence is given to western standards of certain class, who can influence rules and committees, but we need a fundamental use to reimagine the 74th Amendment. participation. This was done through the What is governance to people? Is it about be thought how the knowledge and these election commission, a finance commission, representatives should start building towards consumption and such actors who make nominations of the ward committees. The rules alteration of the 74th Amendment, to Vilas opined that it was desirable that the administration and the corporators, wherein having “smart” infrastructure, good utilities? Is other forms of being in the city can be brought for local bodies. These are the gains of the a networks of councillors. significant contributions to the city are are devoid of any clause which ensures reimagine the ways our cities are built.” In e orts towards the implementation of the they had to firstly, answer questions posed by, it about having fancy concretisation of city and into the imagination of the city. In the original 74th Constitutional Amendment, but there are excluded?” There is no housing rights diversity and greater participation from addition to this, the chances of a slum Amendment are posed questions. Firstly, with identify and prioritize citizen needs. Therefore, building status quo? Or governance talks city plan for Hyderabad which was in number of things which should have been • A ground-up transformation can be achieved movement to resist and cease unlawful disadvantaged sections of the society in representative winning an election is low respect to participation, when reservation was to achieve, power to and for the people, work about much more than all of these above. It collaboration with several international bodies drafted better, such as the powers of the after studying the status quo and pushing for evictions. Street vendors movements are Karnataka. In Kerala, registered trade union considering the large sums of money pumped, implemented for the first time in Maharashtra, must be directed towards filling the lacunae in goes beyond the material transaction that one set up a matrix of actors in the city which municipal bodies. The legislature of the state the enforcement of the 74th Amendment in active across the country and many other members are required to constitute ward in return for power. The Street Vendors Act there was 15% reservation for SC’s, 60% for the Act. sees in urban governance. It is very much part include those have stakes and the power to may by law determine what shall be the political manifesto and creating a public citizens are expected to participate in the committees, and in the case of West Bengal, provides for an elected Town Vendors ST’s, 27% for OBC, and 50 % for women overall of citizenship, imagination of neighbourhood. influence and those who did not. Trade powers of the urban local government, and consciousness. Organizations such as IGSSS movement. It is through sustained resistance women BPL cardholders are required to be in Committee in every municipality, which has a in 15 municipal corporations. Although Therefore, the fundamental questions The extent to which and the potential of the Unions, workers and the host of actors apart from elected representatives, it provides should collectively put forth a revised draft of that the space of social justice can be the ward committees. Now let us consider 40% reservation of seats to be filled by direct representation could have been better, the discussed were about the changes that have 74th Amendment to work is focussed towards including politician’s central to these for representation of MLA’s and MPC’s. Some the Act for consideration by all major political reclaimed. three disadvantaged groups in the city, election. In the case of Delhi Municipal responsibilities of these elected taken place in the urban space in the last 10-15 the urban middle class. The middle class does discussions were excluded. If these actors are of which make the local bodies underlings of parties in the forthcoming election campaign. street-vendors, pourakarmikas, (waste pickers) Corporation, some street vendor leaders were representatives are not confined to one. years, the meaning of old and new not want to interfere in politics if good utilities not present then cannot we imagine a city the state legislatures wherein the state Questions such as reflecting on content and and slum-dwellers. The Ejipura Slum elected, but along with them, were few leaders Similarly, when caste-based reservations are urbanisations to the city and whose vision was are supplied. The 74th Amendment was set up development plan, because the competition legislatures and state level political leadership how to move towards it, creating peer network Demolition case in Bangalore involved 900 of ostentatious appearance and personality made, these are not exclusively for the weaker accepted when cities were renewed and in a time when massive reforms were found is between our cities rather than foreign are very reluctant to give up their powers. in this respect and developing clarity odd people living in multi-storeyed buildings, who were known to splurge for the cause of sections, but for all those who fall into those reorganized. Before the 70’s the primary happening and one of the major changes were cities? horizontally and vertically about which collapsed eventually, and these houses the election. On the other hand, in the case of categories. Hence, when the elected function of the urban space was municipal financial reforms which is essential The key steps involved in rollout of works responsibilities of institutions should be were given out on rent despite being nominations there were di erent resident representatives from the above stated industrialization, and to convert the ousted for making local bodies or places responsible towards urban governance- considered. uninhabitable by the owners. Despite the groups and civic forums who put out an online categories are found to unable to formulate agrarian population to industrial labour. And for their finances, without giving them any • We propose that it is important for CSO to council passing a resolution that both owners advertisement on social media platforms to schemes or agendas particularly for the post globalization cities have transformed as capabilities or capacities for them to become engage in capacity building workshop on • Channelizing the strength votes to demand & tenants should be given homes, half of the call for nominations. One such nomination weaker section. The situation is the case of fertile ground for international capital. So, the politically active agents. The delivery of the gender budgeting and municipal finances. for social audit of municipal body, and monitor land was given to private developer and the filled was a resident from Rajajinagar who filed political parties. Thus, the true objectives of intention of the investors is primarily to Amendment is questionable if it is so designed This will help in a more critical engagement the social justice spending from the municipal other half is reserved only for housing a false case in the Karnataka High Court to the 74th Amendment remain unfulfilled. develop the infrastructure of the cities, so the to disable places. It is important to understand with city governments, understanding the budgets, focusing on existing tools provided Srinivas stated that while discussing the 74th previous owners. Currently, the tenants have evict street-vendors, accusing them of purpose of urbanization itself has changed. In what is possible from the act. process of budgeting, how participatory is it on by the 74th Amendment and working to create Amendment it had been clear that none of the been relocated 15 kms away, and the blocking the storm water drain. One of the Currently representation levels of women are such a privatized context there is lesser scope the ground. This is to also strengthen the democratic space for the marginalized groups panellists believed that any social justice had developer has also mortgaged the land. The ward committees in Whitefield passed a at 52 %, compared to the 10% before 1992. Yet, to demand for right than when cities are run The structure of municipal governance is advocacy work and build an analysis of how in the city and creating an ownership among been achieved. The reasons behind this must 74th Amendment seems to have done nothing resolution to evict street vendors and they in this representation is merely a number, as by the citizens. In a privatized space, the idea based on residence such that only a resident much participation of women is important in the sections of relevance areas to focus on. be understood. Changes are required in the to prevent large injustices. Secondly, in the fact got evicted. Thus, urban governance in women representatives still do not have the of share is not taken into consideration, of a ward, having a voter id card proving their We need to think about of using the 74th planning and budgeting as this can being Act to enable social, economic and political case of municipal contract workers and other present times is the luxury of a specific class of power to implement. Women are part of with respect to resources and livelihood address of residence in the ward, would be Amendment as a template wherein the kind of reviewed under the mandate of 74th • As regard to grassroots initiatives and what justice. The preamble also sets forward a such services such as solid waste people. child-care, health, education and sanitation opportunities. This is because global investors permitted to speak in the ward, which is not content that needs to be added, deleted or Constitutional Amendment Act 243-W (i) people’s movements are demanding, an vision is to achieve justice, liberty equality and management which are obligatory functions of committees, but excluded from finance are redesigning and reimaging city spaces the only way people are living in cities, as modified, even at a city scale. Secondly, it is to mentions that the municipalities with powers, awareness program in 6-7 state levels can be fraternity which is impossible without the municipalities, are outsourced to The re-imagination of this Act must happen committees. The participation of women in according to their market purposes. Therefore, vendors and other actors whose interests as be identified how to move forward and who or responsibilities, authority may necessary developed as many of the states going for achieving social justice. The various laws in the contractors in most cases in the country. In this ground up, but the groundwork of familiarizing slum committees is also nil. There is still no the question of social justice also takes a urban citizens, are not located in one particular what kind of alliances need to be built if we contain provisions for the devolution of state elections and need to see how elected constitution address issues related to caste, case, why was the outsourcing not prevented with these social movements has not been prevalence of a gender budget in the new dimension. The issue of social justice is place. It is important to understand who the have a vision for change. powers and responsibilities upon representatives and candidates of gender & religion, but the laws on governance is a pertinent question to ask. Despite the carried out. A high number of individuals municipal council or corporation. Vilas said, disvalued when people from ‘economically residents are and how they are seen, as it municipalities, to prepare of plans for governments address the needs of people’s made in the 74th Amendment are found to be Street Vendors Act Section 3.3 stating that no involved in urban governance are distant from “Even after representation of 52 women in weaker sections’ are not given an equal status decides the power claimed by di erent groups The useful features of the 74th Amendment economic development and social justice. organizations. The law per say might not be formulated exclusive of issues of caste, gender street vendors shall be relocated or evicted till the farmer’s movement, the trade union the House, there is a need to run rights with respect to citizenship. There is also the of city dwellers in the decision-making are that it makes ULG’s permanent, tenure of e ective with respect to including the clause and religion, which translates similarly on a survey of all street vendors as well as movements, and the Dalit movement. Thus, a movements in Mumbai. The reservation perspective of ‘poverty alleviation’ where such process. The design must be rethought in such the local bodies is assured, that is every five • To create a module for capacity building for of migrant labour into the institutional process ground. For instance, in the case of the registration are done, evictions continue to be coalition of all group in the cities ensuring merely serves as a skill development tool and communities are labelled as beneficiaries, as a case, and maybe we need to acknowledge years’ elections have to conducted to these CSO and ULG’s looking at best practices of the Amendment, but what is provided for in nominations to ward committees in Bangalore, executed. The instance of the mayor of greater diversity in representation to sensitize does not translate into policy level or a burden and exception to the government, that all these people are already active in local local bodies, there is pattern of reservation across states, roles and responsibilities the Act are rights which all citizens should the rules states that resident’s association are Bangalore questioning the legality of street about the need to get back the power to the changes in existing schemes.” In one of bastis eating into its budgets. Therefore, social governments. There are di erent other among the members, there will have to be a mentioned under 74th CAA. Build in collectively usurp. Therefore, the way forward required to register and validate a minimum vendors illustrates this gap in social justice. people is required. This endeavour is to in Mumbai, an area sabha was formed where justice cannot merely be achieved through the associations for slum dwellers and traders’ Metropolitan, on District Planning Committee engagement with the city governments in comprises the following steps such as number of years of registration. Resident Srinivas commented, “Therefore, nothing in ensure that people from disadvantaged group basic services have not been fulfilled at all. 74th Amendment. associations, but we are focussed on the 74th and Ward Committees. Structurally we have order to build linkages in such capacity generating awareness among every citizen Welfare Associations are supposed to be the Act or the rules prevents the widespread get their rights and enjoy equal rights to the As one of the corporators being from a Amendment which it is closely connected to something from municipal corporations at the building programme and facilitate hand about their rights, ensuring that they are not inclusive of all residents in the respective casteist, gendered injustices that are found 20 city as would an individual in a relatively minority category, for the first time in the issue of property tax. Residents are apex level right down to the ward level, there holding for the same. side-tracked by vested political interests that

are intimidating them and filing court orders for redressal of concerns.

• A lot has been spoken about giving representation to trade unions, migrants and so on. The scope for representation of such people can only be envisioned at the ward levels, but such issues are pan-city. Therefore, there is a need for representation in the Municipal Planning Committees, or as per provision in the Act, they are also expected to consult with such groups while decision making. 3. Social Justice Achieved Only two percent of the ward committees have The panellists, Shaktiman Ghosh, National been instituted in the country so far. There is a Hawkers Federation( Kolkata), Vinay Srinivas, need to democratize and decentralize urban Alternate Law Forum(Bengaluru), and Varsha governance especially when we are Vidya Vilas (Mumbai) discussed the session witnessing municipal bodies are being that was chaired by Rajendra Prabhakaran, sidelined by the PPP Model. The Smart Cities Urban Justice Activist. Cities as it was have been exempt of any interference from conceived in 1992 has undergone change with the existing municipal corporation and will be respect to the actors, especially the marginal administered by a separate corporation for groups such as street-vendors. Prior to the which the Special Purpose Vehicle (SPV) will 70’s, the cities were perceived to be a hotspot not be an elected ocial, but through the of economic and social development. At the secretary for urban department. This has been same time, green revolution forced workers done so that, in the case of demolition of slums out of their villages, into the cities. These for redevelopment activities, the elected communities became unemployed overnight, ocial is not held accountable. 496 cities have as a result of rapidly industrializing urban been accorded the AMRUT status, yet 70% of space that required a di erent technical skill the urban power have been found to reside in set. There was a wave of liberalization, these cities. The contradiction between the privatization, and globalization paralelly e orts informal sector and the governments agenda were taken to strengthen participatory of making rapid growth in GDP, has led to vast democracy through decentralisation. economic inequalities and consequentially Workers here who have been labelled as inequalities related to housing and “unskilled” with the e ects of urbanisation, are infrastructure. The government has only identified as ‘poor’ by the government contributed to this situation, and concepts like schemes despite being the primary Smart Cities do not permit any realization of contributors in creating and sustaining the social justice, and it is the presence of these cities. These communities are doubly economic contradictions which is at the root of alienated in terms of materially and social the government’s need to push the informal deprivation. sector outside the city.

Shaktiman Ghosh opened by discussing about In the Olga Tellis v. Bombay Municipal the shift towards a consumeristic state from Corporation Case Justice Chandrachud stated welfare state. For example, governments’ 2015 that ‘hawking is a right’ resonant in the idea smart cities scheme looked at cities as a that life is livelihood, and even after consumeristic privilege where they chose to introduction of the Street Vendors in 2014, consciously ignore the urban poor citizens. It is most cities are in the process of removing to be questioned whether the state hawkers from the streets. The government government or the central government has the seems to unwilling to accommodate such political will to implement this Act. Recently, groups of people in their vision for the city. The the mayor of Delhi stated the decision to requirements for the city as well as the urban attend a meeting that can only be taken with poor are not taken into consideration by the approval of the municipal commissioner which planners of the city. Ghosh said, “The Urban contradicts the mandate of the 74th Renewal Mission a joint initiative of the Indian Amendment which accords power to the Government & donor organisation, and the elected mayor. Smart Cities Mission all reflect of similar

A Review of 74th Constitutional Amendment Act: A National Level Roundtable exclusionary attitudes. How then can social layouts. Yet, it is often found that the to prevail. Hence, we do not need a tinkering up-scale neighbourhood. Lastly, the preamble Mumbai, and health specific budget was 5. Conclusion heterogeneous in nature, with variation in are a series of institutions which are now made • We propose that as collective of CSO, justice then be achieved in a society where association is exclusive only to people of a of the Act such as mohallah sabhas or ward and the constitution should be put to the right allocated and formulated through public sizes and power to purchase property. It must constitutional institutions with provisions for an academicians, practitioners, elected prominence is given to western standards of certain class, who can influence rules and committees, but we need a fundamental use to reimagine the 74th Amendment. participation. This was done through the What is governance to people? Is it about be thought how the knowledge and these election commission, a finance commission, representatives should start building towards consumption and such actors who make nominations of the ward committees. The rules alteration of the 74th Amendment, to Vilas opined that it was desirable that the administration and the corporators, wherein having “smart” infrastructure, good utilities? Is other forms of being in the city can be brought for local bodies. These are the gains of the a networks of councillors. significant contributions to the city are are devoid of any clause which ensures reimagine the ways our cities are built.” In e orts towards the implementation of the they had to firstly, answer questions posed by, it about having fancy concretisation of city and into the imagination of the city. In the original 74th Constitutional Amendment, but there are excluded?” There is no housing rights diversity and greater participation from addition to this, the chances of a slum Amendment are posed questions. Firstly, with identify and prioritize citizen needs. Therefore, building status quo? Or governance talks city plan for Hyderabad which was in number of things which should have been • A ground-up transformation can be achieved movement to resist and cease unlawful disadvantaged sections of the society in representative winning an election is low respect to participation, when reservation was to achieve, power to and for the people, work about much more than all of these above. It collaboration with several international bodies drafted better, such as the powers of the after studying the status quo and pushing for evictions. Street vendors movements are Karnataka. In Kerala, registered trade union considering the large sums of money pumped, implemented for the first time in Maharashtra, must be directed towards filling the lacunae in goes beyond the material transaction that one set up a matrix of actors in the city which municipal bodies. The legislature of the state the enforcement of the 74th Amendment in active across the country and many other members are required to constitute ward in return for power. The Street Vendors Act there was 15% reservation for SC’s, 60% for the Act. sees in urban governance. It is very much part include those have stakes and the power to may by law determine what shall be the political manifesto and creating a public citizens are expected to participate in the committees, and in the case of West Bengal, provides for an elected Town Vendors ST’s, 27% for OBC, and 50 % for women overall of citizenship, imagination of neighbourhood. influence and those who did not. Trade powers of the urban local government, and consciousness. Organizations such as IGSSS movement. It is through sustained resistance women BPL cardholders are required to be in Committee in every municipality, which has a in 15 municipal corporations. Although Therefore, the fundamental questions The extent to which and the potential of the Unions, workers and the host of actors apart from elected representatives, it provides should collectively put forth a revised draft of that the space of social justice can be the ward committees. Now let us consider 40% reservation of seats to be filled by direct representation could have been better, the discussed were about the changes that have 74th Amendment to work is focussed towards including politician’s central to these for representation of MLA’s and MPC’s. Some the Act for consideration by all major political reclaimed. three disadvantaged groups in the city, election. In the case of Delhi Municipal responsibilities of these elected taken place in the urban space in the last 10-15 the urban middle class. The middle class does discussions were excluded. If these actors are of which make the local bodies underlings of parties in the forthcoming election campaign. street-vendors, pourakarmikas, (waste pickers) Corporation, some street vendor leaders were representatives are not confined to one. years, the meaning of old and new not want to interfere in politics if good utilities not present then cannot we imagine a city the state legislatures wherein the state Questions such as reflecting on content and and slum-dwellers. The Ejipura Slum elected, but along with them, were few leaders Similarly, when caste-based reservations are urbanisations to the city and whose vision was are supplied. The 74th Amendment was set up development plan, because the competition legislatures and state level political leadership how to move towards it, creating peer network Demolition case in Bangalore involved 900 of ostentatious appearance and personality made, these are not exclusively for the weaker accepted when cities were renewed and in a time when massive reforms were found is between our cities rather than foreign are very reluctant to give up their powers. in this respect and developing clarity odd people living in multi-storeyed buildings, who were known to splurge for the cause of sections, but for all those who fall into those reorganized. Before the 70’s the primary happening and one of the major changes were cities? horizontally and vertically about which collapsed eventually, and these houses the election. On the other hand, in the case of categories. Hence, when the elected function of the urban space was municipal financial reforms which is essential The key steps involved in rollout of works responsibilities of institutions should be were given out on rent despite being nominations there were di erent resident representatives from the above stated industrialization, and to convert the ousted for making local bodies or places responsible towards urban governance- considered. uninhabitable by the owners. Despite the groups and civic forums who put out an online categories are found to unable to formulate agrarian population to industrial labour. And for their finances, without giving them any • We propose that it is important for CSO to council passing a resolution that both owners advertisement on social media platforms to schemes or agendas particularly for the post globalization cities have transformed as capabilities or capacities for them to become engage in capacity building workshop on • Channelizing the strength votes to demand & tenants should be given homes, half of the call for nominations. One such nomination weaker section. The situation is the case of fertile ground for international capital. So, the politically active agents. The delivery of the gender budgeting and municipal finances. for social audit of municipal body, and monitor land was given to private developer and the filled was a resident from Rajajinagar who filed political parties. Thus, the true objectives of intention of the investors is primarily to Amendment is questionable if it is so designed This will help in a more critical engagement the social justice spending from the municipal other half is reserved only for housing a false case in the Karnataka High Court to the 74th Amendment remain unfulfilled. develop the infrastructure of the cities, so the to disable places. It is important to understand with city governments, understanding the budgets, focusing on existing tools provided Srinivas stated that while discussing the 74th previous owners. Currently, the tenants have evict street-vendors, accusing them of purpose of urbanization itself has changed. In what is possible from the act. process of budgeting, how participatory is it on by the 74th Amendment and working to create Amendment it had been clear that none of the been relocated 15 kms away, and the blocking the storm water drain. One of the Currently representation levels of women are such a privatized context there is lesser scope the ground. This is to also strengthen the democratic space for the marginalized groups panellists believed that any social justice had developer has also mortgaged the land. The ward committees in Whitefield passed a at 52 %, compared to the 10% before 1992. Yet, to demand for right than when cities are run The structure of municipal governance is advocacy work and build an analysis of how in the city and creating an ownership among been achieved. The reasons behind this must 74th Amendment seems to have done nothing resolution to evict street vendors and they in this representation is merely a number, as by the citizens. In a privatized space, the idea based on residence such that only a resident much participation of women is important in the sections of relevance areas to focus on. be understood. Changes are required in the to prevent large injustices. Secondly, in the fact got evicted. Thus, urban governance in women representatives still do not have the of share is not taken into consideration, of a ward, having a voter id card proving their We need to think about of using the 74th planning and budgeting as this can being Act to enable social, economic and political case of municipal contract workers and other present times is the luxury of a specific class of power to implement. Women are part of with respect to resources and livelihood address of residence in the ward, would be Amendment as a template wherein the kind of reviewed under the mandate of 74th • As regard to grassroots initiatives and what justice. The preamble also sets forward a such services such as solid waste people. child-care, health, education and sanitation opportunities. This is because global investors permitted to speak in the ward, which is not content that needs to be added, deleted or Constitutional Amendment Act 243-W (i) people’s movements are demanding, an vision is to achieve justice, liberty equality and management which are obligatory functions of committees, but excluded from finance are redesigning and reimaging city spaces the only way people are living in cities, as modified, even at a city scale. Secondly, it is to mentions that the municipalities with powers, awareness program in 6-7 state levels can be fraternity which is impossible without the municipalities, are outsourced to The re-imagination of this Act must happen committees. The participation of women in according to their market purposes. Therefore, vendors and other actors whose interests as be identified how to move forward and who or responsibilities, authority may necessary developed as many of the states going for achieving social justice. The various laws in the contractors in most cases in the country. In this ground up, but the groundwork of familiarizing slum committees is also nil. There is still no the question of social justice also takes a urban citizens, are not located in one particular what kind of alliances need to be built if we contain provisions for the devolution of state elections and need to see how elected constitution address issues related to caste, case, why was the outsourcing not prevented with these social movements has not been prevalence of a gender budget in the new dimension. The issue of social justice is place. It is important to understand who the have a vision for change. powers and responsibilities upon representatives and candidates of gender & religion, but the laws on governance is a pertinent question to ask. Despite the carried out. A high number of individuals municipal council or corporation. Vilas said, disvalued when people from ‘economically residents are and how they are seen, as it municipalities, to prepare of plans for governments address the needs of people’s made in the 74th Amendment are found to be Street Vendors Act Section 3.3 stating that no involved in urban governance are distant from “Even after representation of 52 women in weaker sections’ are not given an equal status decides the power claimed by di erent groups The useful features of the 74th Amendment economic development and social justice. organizations. The law per say might not be formulated exclusive of issues of caste, gender street vendors shall be relocated or evicted till the farmer’s movement, the trade union the House, there is a need to run rights with respect to citizenship. There is also the of city dwellers in the decision-making are that it makes ULG’s permanent, tenure of e ective with respect to including the clause and religion, which translates similarly on a survey of all street vendors as well as movements, and the Dalit movement. Thus, a movements in Mumbai. The reservation perspective of ‘poverty alleviation’ where such process. The design must be rethought in such the local bodies is assured, that is every five • To create a module for capacity building for of migrant labour into the institutional process ground. For instance, in the case of the registration are done, evictions continue to be coalition of all group in the cities ensuring merely serves as a skill development tool and communities are labelled as beneficiaries, as a case, and maybe we need to acknowledge years’ elections have to conducted to these CSO and ULG’s looking at best practices of the Amendment, but what is provided for in nominations to ward committees in Bangalore, executed. The instance of the mayor of greater diversity in representation to sensitize does not translate into policy level or a burden and exception to the government, that all these people are already active in local local bodies, there is pattern of reservation across states, roles and responsibilities the Act are rights which all citizens should the rules states that resident’s association are Bangalore questioning the legality of street about the need to get back the power to the changes in existing schemes.” In one of bastis eating into its budgets. Therefore, social governments. There are di erent other among the members, there will have to be a mentioned under 74th CAA. Build in collectively usurp. Therefore, the way forward required to register and validate a minimum vendors illustrates this gap in social justice. people is required. This endeavour is to in Mumbai, an area sabha was formed where justice cannot merely be achieved through the associations for slum dwellers and traders’ Metropolitan, on District Planning Committee engagement with the city governments in comprises the following steps such as number of years of registration. Resident Srinivas commented, “Therefore, nothing in ensure that people from disadvantaged group basic services have not been fulfilled at all. 74th Amendment. associations, but we are focussed on the 74th and Ward Committees. Structurally we have order to build linkages in such capacity generating awareness among every citizen Welfare Associations are supposed to be the Act or the rules prevents the widespread get their rights and enjoy equal rights to the As one of the corporators being from a Amendment which it is closely connected to something from municipal corporations at the building programme and facilitate hand about their rights, ensuring that they are not inclusive of all residents in the respective casteist, gendered injustices that are found 21 city as would an individual in a relatively minority category, for the first time in the issue of property tax. Residents are apex level right down to the ward level, there holding for the same. side-tracked by vested political interests that

are intimidating them and filing court orders for redressal of concerns.

• A lot has been spoken about giving representation to trade unions, migrants and so on. The scope for representation of such people can only be envisioned at the ward levels, but such issues are pan-city. Therefore, there is a need for representation in the Municipal Planning Committees, or as per provision in the Act, they are also expected to consult with such groups while decision making. 3. Social Justice Achieved Only two percent of the ward committees have The panellists, Shaktiman Ghosh, National been instituted in the country so far. There is a Hawkers Federation( Kolkata), Vinay Srinivas, need to democratize and decentralize urban Alternate Law Forum(Bengaluru), and Varsha governance especially when we are Vidya Vilas (Mumbai) discussed the session witnessing municipal bodies are being that was chaired by Rajendra Prabhakaran, sidelined by the PPP Model. The Smart Cities Urban Justice Activist. Cities as it was have been exempt of any interference from conceived in 1992 has undergone change with the existing municipal corporation and will be respect to the actors, especially the marginal administered by a separate corporation for groups such as street-vendors. Prior to the which the Special Purpose Vehicle (SPV) will 70’s, the cities were perceived to be a hotspot not be an elected ocial, but through the of economic and social development. At the secretary for urban department. This has been same time, green revolution forced workers done so that, in the case of demolition of slums out of their villages, into the cities. These for redevelopment activities, the elected communities became unemployed overnight, ocial is not held accountable. 496 cities have as a result of rapidly industrializing urban been accorded the AMRUT status, yet 70% of space that required a di erent technical skill the urban power have been found to reside in set. There was a wave of liberalization, these cities. The contradiction between the privatization, and globalization paralelly e orts informal sector and the governments agenda were taken to strengthen participatory of making rapid growth in GDP, has led to vast democracy through decentralisation. economic inequalities and consequentially Workers here who have been labelled as inequalities related to housing and “unskilled” with the e ects of urbanisation, are infrastructure. The government has only identified as ‘poor’ by the government contributed to this situation, and concepts like schemes despite being the primary Smart Cities do not permit any realization of contributors in creating and sustaining the social justice, and it is the presence of these cities. These communities are doubly economic contradictions which is at the root of alienated in terms of materially and social the government’s need to push the informal deprivation. sector outside the city.

Shaktiman Ghosh opened by discussing about In the Olga Tellis v. Bombay Municipal the shift towards a consumeristic state from Corporation Case Justice Chandrachud stated welfare state. For example, governments’ 2015 that ‘hawking is a right’ resonant in the idea smart cities scheme looked at cities as a that life is livelihood, and even after consumeristic privilege where they chose to introduction of the Street Vendors in 2014, consciously ignore the urban poor citizens. It is most cities are in the process of removing to be questioned whether the state hawkers from the streets. The government government or the central government has the seems to unwilling to accommodate such political will to implement this Act. Recently, groups of people in their vision for the city. The the mayor of Delhi stated the decision to requirements for the city as well as the urban attend a meeting that can only be taken with poor are not taken into consideration by the approval of the municipal commissioner which planners of the city. Ghosh said, “The Urban contradicts the mandate of the 74th Renewal Mission a joint initiative of the Indian Amendment which accords power to the Government & donor organisation, and the elected mayor. Smart Cities Mission all reflect of similar

A Review of 74th Constitutional Amendment Act: A National Level Roundtable exclusionary attitudes. How then can social layouts. Yet, it is often found that the to prevail. Hence, we do not need a tinkering up-scale neighbourhood. Lastly, the preamble Mumbai, and health specific budget was 5. Conclusion heterogeneous in nature, with variation in are a series of institutions which are now made • We propose that as collective of CSO, justice then be achieved in a society where association is exclusive only to people of a of the Act such as mohallah sabhas or ward and the constitution should be put to the right allocated and formulated through public sizes and power to purchase property. It must constitutional institutions with provisions for an academicians, practitioners, elected prominence is given to western standards of certain class, who can influence rules and committees, but we need a fundamental use to reimagine the 74th Amendment. participation. This was done through the What is governance to people? Is it about be thought how the knowledge and these election commission, a finance commission, representatives should start building towards consumption and such actors who make nominations of the ward committees. The rules alteration of the 74th Amendment, to Vilas opined that it was desirable that the administration and the corporators, wherein having “smart” infrastructure, good utilities? Is other forms of being in the city can be brought for local bodies. These are the gains of the a networks of councillors. significant contributions to the city are are devoid of any clause which ensures reimagine the ways our cities are built.” In e orts towards the implementation of the they had to firstly, answer questions posed by, it about having fancy concretisation of city and into the imagination of the city. In the original 74th Constitutional Amendment, but there are excluded?” There is no housing rights diversity and greater participation from addition to this, the chances of a slum Amendment are posed questions. Firstly, with identify and prioritize citizen needs. Therefore, building status quo? Or governance talks city plan for Hyderabad which was in number of things which should have been • A ground-up transformation can be achieved movement to resist and cease unlawful disadvantaged sections of the society in representative winning an election is low respect to participation, when reservation was to achieve, power to and for the people, work about much more than all of these above. It collaboration with several international bodies drafted better, such as the powers of the after studying the status quo and pushing for evictions. Street vendors movements are Karnataka. In Kerala, registered trade union considering the large sums of money pumped, implemented for the first time in Maharashtra, must be directed towards filling the lacunae in goes beyond the material transaction that one set up a matrix of actors in the city which municipal bodies. The legislature of the state the enforcement of the 74th Amendment in active across the country and many other members are required to constitute ward in return for power. The Street Vendors Act there was 15% reservation for SC’s, 60% for the Act. sees in urban governance. It is very much part include those have stakes and the power to may by law determine what shall be the political manifesto and creating a public citizens are expected to participate in the committees, and in the case of West Bengal, provides for an elected Town Vendors ST’s, 27% for OBC, and 50 % for women overall of citizenship, imagination of neighbourhood. influence and those who did not. Trade powers of the urban local government, and consciousness. Organizations such as IGSSS movement. It is through sustained resistance women BPL cardholders are required to be in Committee in every municipality, which has a in 15 municipal corporations. Although Therefore, the fundamental questions The extent to which and the potential of the Unions, workers and the host of actors apart from elected representatives, it provides should collectively put forth a revised draft of that the space of social justice can be the ward committees. Now let us consider 40% reservation of seats to be filled by direct representation could have been better, the discussed were about the changes that have 74th Amendment to work is focussed towards including politician’s central to these for representation of MLA’s and MPC’s. Some the Act for consideration by all major political reclaimed. three disadvantaged groups in the city, election. In the case of Delhi Municipal responsibilities of these elected taken place in the urban space in the last 10-15 the urban middle class. The middle class does discussions were excluded. If these actors are of which make the local bodies underlings of parties in the forthcoming election campaign. street-vendors, pourakarmikas, (waste pickers) Corporation, some street vendor leaders were representatives are not confined to one. years, the meaning of old and new not want to interfere in politics if good utilities not present then cannot we imagine a city the state legislatures wherein the state Questions such as reflecting on content and and slum-dwellers. The Ejipura Slum elected, but along with them, were few leaders Similarly, when caste-based reservations are urbanisations to the city and whose vision was are supplied. The 74th Amendment was set up development plan, because the competition legislatures and state level political leadership how to move towards it, creating peer network Demolition case in Bangalore involved 900 of ostentatious appearance and personality made, these are not exclusively for the weaker accepted when cities were renewed and in a time when massive reforms were found is between our cities rather than foreign are very reluctant to give up their powers. in this respect and developing clarity odd people living in multi-storeyed buildings, who were known to splurge for the cause of sections, but for all those who fall into those reorganized. Before the 70’s the primary happening and one of the major changes were cities? horizontally and vertically about which collapsed eventually, and these houses the election. On the other hand, in the case of categories. Hence, when the elected function of the urban space was municipal financial reforms which is essential The key steps involved in rollout of works responsibilities of institutions should be were given out on rent despite being nominations there were di erent resident representatives from the above stated industrialization, and to convert the ousted for making local bodies or places responsible towards urban governance- considered. uninhabitable by the owners. Despite the groups and civic forums who put out an online categories are found to unable to formulate agrarian population to industrial labour. And for their finances, without giving them any • We propose that it is important for CSO to council passing a resolution that both owners advertisement on social media platforms to schemes or agendas particularly for the post globalization cities have transformed as capabilities or capacities for them to become engage in capacity building workshop on • Channelizing the strength votes to demand & tenants should be given homes, half of the call for nominations. One such nomination weaker section. The situation is the case of fertile ground for international capital. So, the politically active agents. The delivery of the gender budgeting and municipal finances. for social audit of municipal body, and monitor land was given to private developer and the filled was a resident from Rajajinagar who filed political parties. Thus, the true objectives of intention of the investors is primarily to Amendment is questionable if it is so designed This will help in a more critical engagement the social justice spending from the municipal other half is reserved only for housing a false case in the Karnataka High Court to the 74th Amendment remain unfulfilled. develop the infrastructure of the cities, so the to disable places. It is important to understand with city governments, understanding the budgets, focusing on existing tools provided Srinivas stated that while discussing the 74th previous owners. Currently, the tenants have evict street-vendors, accusing them of purpose of urbanization itself has changed. In what is possible from the act. process of budgeting, how participatory is it on by the 74th Amendment and working to create Amendment it had been clear that none of the been relocated 15 kms away, and the blocking the storm water drain. One of the Currently representation levels of women are such a privatized context there is lesser scope the ground. This is to also strengthen the democratic space for the marginalized groups panellists believed that any social justice had developer has also mortgaged the land. The ward committees in Whitefield passed a at 52 %, compared to the 10% before 1992. Yet, to demand for right than when cities are run The structure of municipal governance is advocacy work and build an analysis of how in the city and creating an ownership among been achieved. The reasons behind this must 74th Amendment seems to have done nothing resolution to evict street vendors and they in this representation is merely a number, as by the citizens. In a privatized space, the idea based on residence such that only a resident much participation of women is important in the sections of relevance areas to focus on. be understood. Changes are required in the to prevent large injustices. Secondly, in the fact got evicted. Thus, urban governance in women representatives still do not have the of share is not taken into consideration, of a ward, having a voter id card proving their We need to think about of using the 74th planning and budgeting as this can being Act to enable social, economic and political case of municipal contract workers and other present times is the luxury of a specific class of power to implement. Women are part of with respect to resources and livelihood address of residence in the ward, would be Amendment as a template wherein the kind of reviewed under the mandate of 74th • As regard to grassroots initiatives and what justice. The preamble also sets forward a such services such as solid waste people. child-care, health, education and sanitation opportunities. This is because global investors permitted to speak in the ward, which is not content that needs to be added, deleted or Constitutional Amendment Act 243-W (i) people’s movements are demanding, an vision is to achieve justice, liberty equality and management which are obligatory functions of committees, but excluded from finance are redesigning and reimaging city spaces the only way people are living in cities, as modified, even at a city scale. Secondly, it is to mentions that the municipalities with powers, awareness program in 6-7 state levels can be fraternity which is impossible without the municipalities, are outsourced to The re-imagination of this Act must happen committees. The participation of women in according to their market purposes. Therefore, vendors and other actors whose interests as be identified how to move forward and who or responsibilities, authority may necessary developed as many of the states going for achieving social justice. The various laws in the contractors in most cases in the country. In this ground up, but the groundwork of familiarizing slum committees is also nil. There is still no the question of social justice also takes a urban citizens, are not located in one particular what kind of alliances need to be built if we contain provisions for the devolution of state elections and need to see how elected constitution address issues related to caste, case, why was the outsourcing not prevented with these social movements has not been prevalence of a gender budget in the new dimension. The issue of social justice is place. It is important to understand who the have a vision for change. powers and responsibilities upon representatives and candidates of gender & religion, but the laws on governance is a pertinent question to ask. Despite the carried out. A high number of individuals municipal council or corporation. Vilas said, disvalued when people from ‘economically residents are and how they are seen, as it municipalities, to prepare of plans for governments address the needs of people’s made in the 74th Amendment are found to be Street Vendors Act Section 3.3 stating that no involved in urban governance are distant from “Even after representation of 52 women in weaker sections’ are not given an equal status decides the power claimed by di erent groups The useful features of the 74th Amendment economic development and social justice. organizations. The law per say might not be formulated exclusive of issues of caste, gender street vendors shall be relocated or evicted till the farmer’s movement, the trade union the House, there is a need to run rights with respect to citizenship. There is also the of city dwellers in the decision-making are that it makes ULG’s permanent, tenure of e ective with respect to including the clause and religion, which translates similarly on a survey of all street vendors as well as movements, and the Dalit movement. Thus, a movements in Mumbai. The reservation perspective of ‘poverty alleviation’ where such process. The design must be rethought in such the local bodies is assured, that is every five • To create a module for capacity building for of migrant labour into the institutional process ground. For instance, in the case of the registration are done, evictions continue to be coalition of all group in the cities ensuring merely serves as a skill development tool and communities are labelled as beneficiaries, as a case, and maybe we need to acknowledge years’ elections have to conducted to these CSO and ULG’s looking at best practices of the Amendment, but what is provided for in nominations to ward committees in Bangalore, executed. The instance of the mayor of greater diversity in representation to sensitize does not translate into policy level or a burden and exception to the government, that all these people are already active in local local bodies, there is pattern of reservation across states, roles and responsibilities the Act are rights which all citizens should the rules states that resident’s association are Bangalore questioning the legality of street about the need to get back the power to the changes in existing schemes.” In one of bastis eating into its budgets. Therefore, social governments. There are di erent other among the members, there will have to be a mentioned under 74th CAA. Build in collectively usurp. Therefore, the way forward required to register and validate a minimum vendors illustrates this gap in social justice. people is required. This endeavour is to in Mumbai, an area sabha was formed where justice cannot merely be achieved through the associations for slum dwellers and traders’ Metropolitan, on District Planning Committee engagement with the city governments in comprises the following steps such as number of years of registration. Resident Srinivas commented, “Therefore, nothing in ensure that people from disadvantaged group basic services have not been fulfilled at all. 74th Amendment. associations, but we are focussed on the 74th and Ward Committees. Structurally we have order to build linkages in such capacity generating awareness among every citizen Welfare Associations are supposed to be the Act or the rules prevents the widespread get their rights and enjoy equal rights to the As one of the corporators being from a Amendment which it is closely connected to something from municipal corporations at the building programme and facilitate hand about their rights, ensuring that they are not inclusive of all residents in the respective casteist, gendered injustices that are found city as would an individual in a relatively minority category, for the first time in 22 the issue of property tax. Residents are apex level right down to the ward level, there holding for the same. side-tracked by vested political interests that

are intimidating them and filing court orders for redressal of concerns.

• A lot has been spoken about giving representation to trade unions, migrants and so on. The scope for representation of such people can only be envisioned at the ward levels, but such issues are pan-city. Therefore, there is a need for representation in the Municipal Planning Committees, or as per provision in the Act, they are also expected to consult with such groups while decision making. 3. Social Justice Achieved Only two percent of the ward committees have The panellists, Shaktiman Ghosh, National been instituted in the country so far. There is a Hawkers Federation( Kolkata), Vinay Srinivas, need to democratize and decentralize urban Alternate Law Forum(Bengaluru), and Varsha governance especially when we are Vidya Vilas (Mumbai) discussed the session witnessing municipal bodies are being that was chaired by Rajendra Prabhakaran, sidelined by the PPP Model. The Smart Cities Urban Justice Activist. Cities as it was have been exempt of any interference from conceived in 1992 has undergone change with the existing municipal corporation and will be respect to the actors, especially the marginal administered by a separate corporation for groups such as street-vendors. Prior to the which the Special Purpose Vehicle (SPV) will 70’s, the cities were perceived to be a hotspot not be an elected ocial, but through the of economic and social development. At the secretary for urban department. This has been same time, green revolution forced workers done so that, in the case of demolition of slums out of their villages, into the cities. These for redevelopment activities, the elected communities became unemployed overnight, ocial is not held accountable. 496 cities have as a result of rapidly industrializing urban been accorded the AMRUT status, yet 70% of space that required a di erent technical skill the urban power have been found to reside in set. There was a wave of liberalization, these cities. The contradiction between the privatization, and globalization paralelly e orts informal sector and the governments agenda were taken to strengthen participatory of making rapid growth in GDP, has led to vast democracy through decentralisation. economic inequalities and consequentially Workers here who have been labelled as inequalities related to housing and “unskilled” with the e ects of urbanisation, are infrastructure. The government has only identified as ‘poor’ by the government contributed to this situation, and concepts like schemes despite being the primary Smart Cities do not permit any realization of contributors in creating and sustaining the social justice, and it is the presence of these cities. These communities are doubly economic contradictions which is at the root of alienated in terms of materially and social the government’s need to push the informal deprivation. sector outside the city.

Shaktiman Ghosh opened by discussing about In the Olga Tellis v. Bombay Municipal the shift towards a consumeristic state from Corporation Case Justice Chandrachud stated welfare state. For example, governments’ 2015 that ‘hawking is a right’ resonant in the idea smart cities scheme looked at cities as a that life is livelihood, and even after consumeristic privilege where they chose to introduction of the Street Vendors in 2014, consciously ignore the urban poor citizens. It is most cities are in the process of removing to be questioned whether the state hawkers from the streets. The government government or the central government has the seems to unwilling to accommodate such political will to implement this Act. Recently, groups of people in their vision for the city. The the mayor of Delhi stated the decision to requirements for the city as well as the urban attend a meeting that can only be taken with poor are not taken into consideration by the approval of the municipal commissioner which planners of the city. Ghosh said, “The Urban contradicts the mandate of the 74th Renewal Mission a joint initiative of the Indian Amendment which accords power to the Government & donor organisation, and the elected mayor. Smart Cities Mission all reflect of similar

A Review of 74th Constitutional Amendment Act: A National Level Roundtable exclusionary attitudes. How then can social layouts. Yet, it is often found that the to prevail. Hence, we do not need a tinkering up-scale neighbourhood. Lastly, the preamble Mumbai, and health specific budget was 4. Interaction of New Schemes/Policies with conditionalities and funds linked to these template of governance as opposed to powers city are incomplete without the citizens being mohallah sabhas. So, these local conflicts In the case of Chandigarh, the mayor gets the track, was that plan has to be carried out in Amendment was passed, and the backdrop amendments to Andhra Pradesh Panchayati 5. Conclusion heterogeneous in nature, with variation in are a series of institutions which are now made • We propose that as collective of CSO, justice then be achieved in a society where association is exclusive only to people of a of the Act such as mohallah sabhas or ward and the constitution should be put to the right allocated and formulated through public the 74th Amendment started with the 11th Finance commission was that the local bodies will hold. The same has empowered and not just the corporators. The between a host of actors is part of why barely a year of time to function during their the ward sabha or ward committee and if it is was the liberalization project, and process of Raj Act, the Municipal Act, as well as the sizes and power to purchase property. It must constitutional institutions with provisions for an academicians, practitioners, elected prominence is given to western standards of certain class, who can influence rules and committees, but we need a fundamental use to reimagine the 74th Amendment. participation. This was done through the continued into JNNURM, not continuing into been done to curtail powers of spending and visions of the politicians are not spread out to democracy is much dicult to achieve. tenure, there is a complete scathing and not signed by 50% of ward, then the plans do economic reforms initiated through IMF Greater Hyderabad Municipal Corporation What is governance to people? Is it about be thought how the knowledge and these election commission, a finance commission, representatives should start building towards consumption and such actors who make nominations of the ward committees. The rules alteration of the 74th Amendment, to Vilas opined that it was desirable that the administration and the corporators, wherein The session that was chaired by Ashima Sood, AMRUT and Smart Cities, in fact that they are expenditure of local bodies, so then it is the city and it is this political space that needs indictment of the elected institutions. In not get approved, and that was practiced in conditionalities. There is a constant tussle Act, it has devolved powers in particular having “smart” infrastructure, good utilities? Is other forms of being in the city can be brought for local bodies. These are the gains of the a networks of councillors. significant contributions to the city are are devoid of any clause which ensures reimagine the ways our cities are built.” In e orts towards the implementation of the they had to firstly, answer questions posed by, Indian School of Business, Hyderabad was made part of the progress report whether in essential to re-consider the levels of to be created for a di erent approach Lakhan on discussing the role of political Haryana, the Director of Urban Development Shimla. In addition to this, 10% of the total between, privatization, centralization, and the industrial areas of municipal corporation to it about having fancy concretisation of city and into the imagination of the city. In the original 74th Constitutional Amendment, but there are excluded?” There is no housing rights diversity and greater participation from addition to this, the chances of a slum Amendment are posed questions. Firstly, with identify and prioritize citizen needs. Therefore, discussed by the panellists Tikender Panwar, terms of PMAY, Smart cities or AMRUT cities. decentralisation achieved by JNNURM on decentralisation. The term Urban Local parties said that, “Political parties present can remove the mayor. The public owns the revenue of the ward goes to the ward sabhas, local democracy. A di erent perspective its own parastatal, the Industrial building status quo? Or governance talks city plan for Hyderabad which was in number of things which should have been • A ground-up transformation can be achieved movement to resist and cease unlawful disadvantaged sections of the society in representative winning an election is low respect to participation, when reservation was to achieve, power to and for the people, work Former Deputy-Mayor (Shimla), Vinay Baindur, Therefore, the question at hand is whether whether it is about genuine decentralisation or Body is superfluous about city governments, were spoken to, but it was only one of the city, but repository is the elected government, in the form of property tax and other taxes the instead of viewing decentralisation as one-way Infrastructure Corporation, and this is found about much more than all of these above. It collaboration with several international bodies drafted better, such as the powers of the after studying the status quo and pushing for evictions. Street vendors movements are Karnataka. In Kerala, registered trade union considering the large sums of money pumped, implemented for the first time in Maharashtra, must be directed towards filling the lacunae in Independent researcher and activist this indicates that the central government is a direction of di erent kind by the state and about subsidiaries, functions, spaces for parties that took up the agenda, and put and this is something which is not explicitly municipal corporation generates will go back process might be state special rescaling to happen in Hyderabad, but such trends are goes beyond the material transaction that one set up a matrix of actors in the city which municipal bodies. The legislature of the state the enforcement of the 74th Amendment in active across the country and many other members are required to constitute ward in return for power. The Street Vendors Act there was 15% reservation for SC’s, 60% for the Act. (Bengaluru), Amita Bhide, Tata Institute of dedicated to the 74th Amendment, or not?” governments. decision making, operating, and accountability together a letter of promise, which goes mentioned is that the executive powers should to the ward sabhas. So, then the wards start wherein decentralisation is only part of what is more frequent than imagined across the sees in urban governance. It is very much part include those have stakes and the power to may by law determine what shall be the political manifesto and creating a public citizens are expected to participate in the committees, and in the case of West Bengal, provides for an elected Town Vendors ST’s, 27% for OBC, and 50 % for women overall Social Sciences,(Mumbai) and Anand Lakhan, wherein empowerment and eciency go beyond the manifesto to say that this vision be with the elected people. The case is made formulating plans, but it was realized there a happening. There is greater integration with country, and at the heart of this is a of citizenship, imagination of neighbourhood. influence and those who did not. Trade powers of the urban local government, and consciousness. Organizations such as IGSSS movement. It is through sustained resistance women BPL cardholders are required to be in Committee in every municipality, which has a in 15 municipal corporations. Although Therefore, the fundamental questions Housing rights activist (Indore). The agenda of As per the Grant Thorton evaluation study of hand in hand. of democracy which was realized through worse under Smart Cities, where not even in single format prevailing every six months they the global economy and capital circuits with tremendous tension between the city as a The extent to which and the potential of the Unions, workers and the host of actors apart from elected representatives, it provides should collectively put forth a revised draft of that the space of social justice can be the ward committees. Now let us consider 40% reservation of seats to be filled by direct representation could have been better, the discussed were about the changes that have the session was the ways in which the JNNURM which studied 25 states across the housing rights activism, through mohallah single SPV is headed by the mayor. Also, the never attended ward sabhas, and got the respect to the cities. With the 2002 guidelines node to be the heart of all economic growth. 74th Amendment to work is focussed towards including politician’s central to these for representation of MLA’s and MPC’s. Some the Act for consideration by all major political reclaimed. three disadvantaged groups in the city, election. In the case of Delhi Municipal responsibilities of these elected taken place in the urban space in the last 10-15 monopoly of schemes and policies influence country, found that only 8 states had Baindur observed that the process of Model samitis will be realized. This one instance of SPV’s are elitist as they do not answer to the signatures forged. Such mechanisms do exist. for FDI in townships for construction and In Telangana, Hyderabad provides 80% of the urban middle class. The middle class does discussions were excluded. If these actors are of which make the local bodies underlings of parties in the forthcoming election campaign. street-vendors, pourakarmikas, (waste pickers) Corporation, some street vendor leaders were representatives are not confined to one. years, the meaning of old and new the whole experiment of local democracy. transferred all the functions in the 12th Municipal law (MML) which came about in a how bottom-up governance is implemented.” council. It is for this reason that many cities Democratic decentralisation does mean infrastructure, tremendous capital is pulled in the revenue of the state, like a golden goose, not want to interfere in politics if good utilities not present then cannot we imagine a city the state legislatures wherein the state Questions such as reflecting on content and and slum-dwellers. The Ejipura Slum elected, but along with them, were few leaders Similarly, when caste-based reservations are urbanisations to the city and whose vision was Schedule to the ULG’s prior to JNNURM, and period of just six to eight years of the passage opposed the idea because it was an 1) devolving powers to the elected government and there is an integration global market. The and why would the state government want to are supplied. The 74th Amendment was set up development plan, because the competition legislatures and state level political leadership how to move towards it, creating peer network Demolition case in Bangalore involved 900 of ostentatious appearance and personality made, these are not exclusively for the weaker accepted when cities were renewed and Amita Bhide opened the discussion by post-JNNURM 11 states were found to do so. of the 74th Amendment was an idea initiated Panwar started the speech by discussing the encroachment on the democratic process. such as the mayor and council in West Bengal, city is a powerful tool for the state government let go of it, so for instance through this in a time when massive reforms were found is between our cities rather than foreign are very reluctant to give up their powers. in this respect and developing clarity odd people living in multi-storeyed buildings, who were known to splurge for the cause of sections, but for all those who fall into those reorganized. Before the 70’s the primary pointing out the need to discuss schemes was The figures in the case of District Planning by the Ministry of Urban Development, but it changing metamorphosis in the cities, that is Madhya Pradesh and Kerala, but apart from and the central government in this manner. devolution they have created Industrial Area happening and one of the major changes were cities? horizontally and vertically about which collapsed eventually, and these houses the election. On the other hand, in the case of categories. Hence, when the elected function of the urban space was to review a trajectory of schemes, rather than Committees were 11 and 3 more states in the the process which followed very well the changing roles of the city, and these roles Only 0.5% of the total GDP comes from their that it is from the people. There members must Cities are drivers of growth. The idea of Local Authorities.” So, what this means is that municipal financial reforms which is essential The key steps involved in rollout of works responsibilities of institutions should be were given out on rent despite being nominations there were di erent resident representatives from the above stated industrialization, and to convert the ousted focusing on a scheme. The need to discuss pre-JNNURM and post-JNNURM periods illustrates that bi-lateral and multilateral is linked to the neo-liberalist capitalistic order own revenue resources as far as city be empowered to bring in innovations like competition between cities is central to policy the most prosperous parts of the city where for making local bodies or places responsible towards urban governance- considered. uninhabitable by the owners. Despite the groups and civic forums who put out an online categories are found to unable to formulate agrarian population to industrial labour. And this trajectory arises, as they are characterized respectively. With respect to formation of agencies had a major role in how these that we are living in. Some twenty to thirty governments are concerned, but it is not allocating 10% of the total finances to the ward imaginations which is reflected in AMRUT and property taxes are found to be highest, are for their finances, without giving them any • We propose that it is important for CSO to council passing a resolution that both owners advertisement on social media platforms to schemes or agendas particularly for the post globalization cities have transformed as primarily through their approach of these metropolitan planning committees, only West The content of decentralisation that we want is policies can be brought into legislation with years ago, cities and city governments were because of the non-payment of taxes. Land is sabhas. Smart Cities Mission. Bombay competes with areas such as IT parks. It is the state capabilities or capacities for them to become engage in capacity building workshop on • Channelizing the strength votes to demand & tenants should be given homes, half of the call for nominations. One such nomination weaker section. The situation is the case of fertile ground for international capital. So, the schemes to the governance of cities. The key Bengal had done it in the pre-JNNURM states, important. The 74th Amendment by all these hardly any participation by state legislatures at mainly meant to be managers of the city. This thus a major issue and still not with the city Shanghai, and Bangalore competes with government, which is through its channel of politically active agents. The delivery of the gender budgeting and municipal finances. for social audit of municipal body, and monitor land was given to private developer and the filled was a resident from Rajajinagar who filed political parties. Thus, the true objectives of intention of the investors is primarily to junctures that were considered were the 11th and 2 more states were added to this list of schemes is clearly being conjoined to other all. Baindur noted that, “Some of the answers role has changed from city managers to governments, and it is through that land that Finally, in majority of the cities, the entire Smart Singapore, and this notion of competition is so industrial corporations, collecting property Amendment is questionable if it is so designed This will help in a more critical engagement the social justice spending from the municipal other half is reserved only for housing a false case in the Karnataka High Court to the 74th Amendment remain unfulfilled. develop the infrastructure of the cities, so the Finance Commission, JNNURM, Smart Cities, implementing MPC’s. Hence, we see that reforms which needs to be sifted in order to that were received by the people who filed city entrepreneurs. City entrepreneurs are many state governments are playing. In Delhi, Cities ooad is not 14% of the total budget. central to policy vision that then the city is in taxes, and keeping most of those taxes. There to disable places. It is important to understand with city governments, understanding the budgets, focusing on existing tools provided Srinivas stated that while discussing the 74th previous owners. Currently, the tenants have evict street-vendors, accusing them of purpose of urbanization itself has changed. In and the lesser researched case of AMRUT. outcome of even a heavily funded major get a clear picture. For example, community RTI’s in the Ministry, research organisations steppingstones to privatization of cities, and it is Delhi Development Authority (DDA) which The change in paradigms is from city fact a tool for certain kinds of economic logics is a small loophole in the Amendment, what is possible from the act. process of budgeting, how participatory is it on by the 74th Amendment and working to create Amendment it had been clear that none of the been relocated 15 kms away, and the blocking the storm water drain. One of the Currently representation levels of women are such a privatized context there is lesser scope program like JNNURM seems to be an participation law which came via the JNNURM and with certain state governments. The the Smart Cities Mission which is marketed is is the central government. It is pointless unless governance to city entrepreneurship to to be put into motion. On one hand there this provisory to Article 243 Q (1) says that that the ground. This is to also strengthen the democratic space for the marginalized groups panellists believed that any social justice had developer has also mortgaged the land. The ward committees in Whitefield passed a at 52 %, compared to the 10% before 1992. Yet, to demand for right than when cities are run There is a recent trend of central government ine ective method. Thus, it is important to talks about including versions of the Parivartan response to these which was received from but an abject privatization of our cities. He the method to empower financially is passed privatization. Private will only venture where vision of local democracy, a bottom-up state government may declare any area to be The structure of municipal governance is advocacy work and build an analysis of how in the city and creating an ownership among been achieved. The reasons behind this must 74th Amendment seems to have done nothing resolution to evict street vendors and they in this representation is merely a number, as by the citizens. In a privatized space, the idea intervention in all schemes. Urban local think how to e ect decentralisation rather than Law which are visions that are fragmenting the National Institute of Urban Aairs was noted his experience of being a deputy mayor to city governments. Panwar said that, “One of there is a fair amount of profit. Majority of the perspective of the city of what the cities are an industrial township. Looking at places like based on residence such that only a resident much participation of women is important in the sections of relevance areas to focus on. be understood. Changes are required in the to prevent large injustices. Secondly, in the fact got evicted. Thus, urban governance in women representatives still do not have the of share is not taken into consideration, governance is a state subject, and yet since as a campaign of civil society. The first the city rather than talking about a that the Government was only peripherally wherein both factions had to bear with a the suggestions, quite sweepingly made to governments who are not able pay the salaries like, but against them are powerful forces, Jamshedpur which is now an urban of a ward, having a voter id card proving their We need to think about of using the 74th planning and budgeting as this can being Act to enable social, economic and political case of municipal contract workers and other present times is the luxury of a specific class of power to implement. Women are part of with respect to resources and livelihood 1999 the central government has shown question is regarding content is the second is comprehensive, direct democracy or involved in the preparation which is skewed representation as there was no part 10% of the total income tax collected of their employees work as adjuncts of the which the state governments are very aware agglomeration more than a million people address of residence in the ward, would be Amendment as a template wherein the kind of reviewed under the mandate of 74th • As regard to grassroots initiatives and what justice. The preamble also sets forward a such services such as solid waste people. child-care, health, education and sanitation opportunities. This is because global investors increasing interests in the a airs of the city, about method, and how does one move there. bottom-up versions of democracy. The shocking.” Whose law is it anyway? provision for a no-confidence movement. from the cities back to the city governments. state governments because that is seemingly of. There is an interesting anomaly that, in the doesn’t have a municipal corporation. By permitted to speak in the ward, which is not content that needs to be added, deleted or Constitutional Amendment Act 243-W (i) people’s movements are demanding, an vision is to achieve justice, liberty equality and management which are obligatory functions of committees, but excluded from finance are redesigning and reimaging city spaces with the resolution of the 11th Finance The Grant Thorton study, in the case of Odisha, financing of ULDs in a post-GST regime is Panwar stated that there was a scope of That is a huge amount, as 1/3 of the urban the only way. Only 6% growth has taken place West particularly in North America city creating these enclaves, special spaces are the only way people are living in cities, as modified, even at a city scale. Secondly, it is to mentions that the municipalities with powers, awareness program in 6-7 state levels can be fraternity which is impossible without the municipalities, are outsourced to The re-imagination of this Act must happen committees. The participation of women in according to their market purposes. Therefore, Commission. The central government funds revealed that the approach is for the state weak as it is dependent of central and state The mohallah sabhas and samitis as engagement, if adequate intervention was population contribute to 2/3 of the GDP, but in statutory towns, but large-scale growth is governments are powerful enough and are carved out wherein the people are citizens vendors and other actors whose interests as be identified how to move forward and who or responsibilities, authority may necessary developed as many of the states going for achieving social justice. The various laws in the contractors in most cases in the country. In this ground up, but the groundwork of familiarizing slum committees is also nil. There is still no the question of social justice also takes a must be matched the state government funds governments to transfer functions of utilities to governments. Local Bodies cannot be infrastructures envisaged by the 74th taken. While reviewing the 74th Amendment, 90% of the total revenue of the government found to take place in census towns. This is an expected to be entrepreneurial actors. In India, and their government is a private entity. There urban citizens, are not located in one particular what kind of alliances need to be built if we contain provisions for the devolution of state elections and need to see how elected constitution address issues related to caste, case, why was the outsourcing not prevented with these social movements has not been prevalence of a gender budget in the new dimension. The issue of social justice is almost to an equal extent, that which is often the ULG’s, but in a very fragmented way. The empowered without providing adequate Amendment can in fact serve the purposes for using data mainly from states of Madhya comes from the cities. So, the decision to part anomaly, as the growth of the population is not it is in fact the state governments that have is really no way for people who live there to place. It is important to understand who the have a vision for change. powers and responsibilities upon representatives and candidates of gender & religion, but the laws on governance is a pertinent question to ask. Despite the carried out. A high number of individuals municipal council or corporation. Vilas said, disvalued when people from ‘economically not accorded enough importance, and even power to plan cities are not transferred to funding for which di erent ways such as debt which it was intended. One of the problems Pradesh, Himachal Pradesh, Maharashtra, 10% of the total revenue is being practiced in reflected in the state finance commission. taken up that job and the cities governments have a say in the use of those funds at all and residents are and how they are seen, as it municipalities, to prepare of plans for governments address the needs of people’s made in the 74th Amendment are found to be Street Vendors Act Section 3.3 stating that no involved in urban governance are distant from “Even after representation of 52 women in weaker sections’ are not given an equal status the ULG’s are expected generate a certain ULG’s, but the capacities to execute the plan financing (like JNNURM) or reviving and with local democracy, certainly in Bangalore Odisha and Karnataka, the schemes of Scandinavian countries where 30% is Cities thus are in dire need for improving are invariable seen as hurdles in realizing the makes it important to fight for the 74th decides the power claimed by di erent groups The useful features of the 74th Amendment economic development and social justice. organizations. The law per say might not be formulated exclusive of issues of caste, gender street vendors shall be relocated or evicted till the farmer’s movement, the trade union the House, there is a need to run rights with respect to citizenship. There is also the amount of funds. The state government has are transferred the ULG’s. A cadre of ocials is enhancing property taxes should be thought where technocratic elites and trans-national JNNURM, the Rajiv Awas Yojana, under the allocated.” delivery systems and governance, and this is vision of the entrepreneurial city. A study Amendment. of city dwellers in the decision-making are that it makes ULG’s permanent, tenure of e ective with respect to including the clause and religion, which translates similarly on a survey of all street vendors as well as movements, and the Dalit movement. Thus, a movements in Mumbai. The reservation perspective of ‘poverty alleviation’ where such found a bypass where the state government formed who will be based in the local bodies of. The question is to understand space for organizations have taken up the role of Ministry of Housing and Poverty Alleviation, mostly due to the inadequacies and undertaken with Loraine Kennedy, stated that process. The design must be rethought in such the local bodies is assured, that is every five • To create a module for capacity building for of migrant labour into the institutional process ground. For instance, in the case of the registration are done, evictions continue to be coalition of all group in the cities ensuring merely serves as a skill development tool and communities are labelled as beneficiaries, as and local bodies contribute nothing, but in fact but who are in fact transferable across local independent decision-making by ensuring pushing civic agendas is that the prevailing were studied. One of the key assessments that Lastly, about the ward sabhas, the irony is that ineciencies of most city governments, the Greater Municipal Corporation of a case, and maybe we need to acknowledge years’ elections have to conducted to these CSO and ULG’s looking at best practices of the Amendment, but what is provided for in nominations to ward committees in Bangalore, executed. The instance of the mayor of greater diversity in representation to sensitize does not translate into policy level or a burden and exception to the government, pick out revenues from land. All these bodies and will be accountable to the state inclusiveness for the and the adequately view is that this system will benefit people to were made were that there was no clarity the biggest impediment to the Act, was the barring a few, highlighting the enforcement of Hyderabad doesn’t have a vision currently, that all these people are already active in local local bodies, there is pattern of reservation across states, roles and responsibilities the Act are rights which all citizens should the rules states that resident’s association are Bangalore questioning the legality of street about the need to get back the power to the changes in existing schemes.” In one of bastis eating into its budgets. Therefore, social schemes touch upon the implementation of government. So, in addition to commissioners financing local bodies. improve civic facilities in middle class colonies. about the role of ULG’s. The provisions of councillor, because there is a certain budget the Act. and requires one to transform it into a world governments. There are di erent other among the members, there will have to be a mentioned under 74th CAA. Build in collectively usurp. Therefore, the way forward required to register and validate a minimum vendors illustrates this gap in social justice. people is required. This endeavour is to in Mumbai, an area sabha was formed where justice cannot merely be achieved through the the 74th Constitutional Amendment and who are now the bureaucratic chiefs, an This leaves behind those residing in slums and JNNURM puts the ULG’s at par with the that is allocated to the councillor, who in 50% class city. Sood said that, “In Hyderabad, this associations for slum dwellers and traders’ Metropolitan, on District Planning Committee engagement with the city governments in comprises the following steps such as number of years of registration. Resident Srinivas commented, “Therefore, nothing in ensure that people from disadvantaged group basic services have not been fulfilled at all. 74th Amendment. e ecting the transfer of function, functionaries addition of 5 ocials from each portfolio, who Secondly, the democracy in the city is limited shacks who form much of the population of parastatals. The roles of the city are largely to 60% cases are nexus contractors. In Sood stated that it was important to divert our has played out in an interesting way, and it is associations, but we are focussed on the 74th and Ward Committees. Structurally we have order to build linkages in such capacity generating awareness among every citizen Welfare Associations are supposed to be the Act or the rules prevents the widespread get their rights and enjoy equal rights to the As one of the corporators being from a and funds as conditionalities to giving all these are much more accountable to the state to bureaucratic devolution rather than as an India. Moreover, the political representatives undefined, and the attrition of functions is also response, the innovative idea trialled, which attention to the important historical part of what has being tried to trace which is Amendment which it is closely connected to something from municipal corporations at the building programme and facilitate hand about their rights, ensuring that they are not inclusive of all residents in the respective casteist, gendered injustices that are found city as would an individual in a relatively minority category, for the first time in 23 functions. Bhide said that, “There are a lot of government and follow a more homogenised entity with political agency. The claims to the did not take well to the empowerment of the su ered at the hands of parastatals. was not institutionalized and gradually went o conjuncture at which the 74th Constitutional that the state governments have through the issue of property tax. Residents are apex level right down to the ward level, there holding for the same. side-tracked by vested political interests that

are intimidating them and filing court orders for redressal of concerns.

• A lot has been spoken about giving representation to trade unions, migrants and so on. The scope for representation of such people can only be envisioned at the ward levels, but such issues are pan-city. Therefore, there is a need for representation in the Municipal Planning Committees, or as per provision in the Act, they are also expected to consult with such groups while decision making. 3. Social Justice Achieved Only two percent of the ward committees have The panellists, Shaktiman Ghosh, National been instituted in the country so far. There is a Hawkers Federation( Kolkata), Vinay Srinivas, need to democratize and decentralize urban Alternate Law Forum(Bengaluru), and Varsha governance especially when we are Vidya Vilas (Mumbai) discussed the session witnessing municipal bodies are being that was chaired by Rajendra Prabhakaran, sidelined by the PPP Model. The Smart Cities Urban Justice Activist. Cities as it was have been exempt of any interference from conceived in 1992 has undergone change with the existing municipal corporation and will be respect to the actors, especially the marginal administered by a separate corporation for groups such as street-vendors. Prior to the which the Special Purpose Vehicle (SPV) will 70’s, the cities were perceived to be a hotspot not be an elected ocial, but through the of economic and social development. At the secretary for urban department. This has been same time, green revolution forced workers done so that, in the case of demolition of slums out of their villages, into the cities. These for redevelopment activities, the elected communities became unemployed overnight, ocial is not held accountable. 496 cities have as a result of rapidly industrializing urban been accorded the AMRUT status, yet 70% of space that required a di erent technical skill the urban power have been found to reside in set. There was a wave of liberalization, these cities. The contradiction between the privatization, and globalization paralelly e orts informal sector and the governments agenda were taken to strengthen participatory of making rapid growth in GDP, has led to vast democracy through decentralisation. economic inequalities and consequentially Workers here who have been labelled as inequalities related to housing and “unskilled” with the e ects of urbanisation, are infrastructure. The government has only identified as ‘poor’ by the government contributed to this situation, and concepts like schemes despite being the primary Smart Cities do not permit any realization of contributors in creating and sustaining the social justice, and it is the presence of these cities. These communities are doubly economic contradictions which is at the root of alienated in terms of materially and social the government’s need to push the informal deprivation. sector outside the city.

Shaktiman Ghosh opened by discussing about In the Olga Tellis v. Bombay Municipal the shift towards a consumeristic state from Corporation Case Justice Chandrachud stated welfare state. For example, governments’ 2015 that ‘hawking is a right’ resonant in the idea smart cities scheme looked at cities as a that life is livelihood, and even after consumeristic privilege where they chose to introduction of the Street Vendors in 2014, consciously ignore the urban poor citizens. It is most cities are in the process of removing to be questioned whether the state hawkers from the streets. The government government or the central government has the seems to unwilling to accommodate such political will to implement this Act. Recently, groups of people in their vision for the city. The the mayor of Delhi stated the decision to requirements for the city as well as the urban attend a meeting that can only be taken with poor are not taken into consideration by the approval of the municipal commissioner which planners of the city. Ghosh said, “The Urban contradicts the mandate of the 74th Renewal Mission a joint initiative of the Indian Amendment which accords power to the Government & donor organisation, and the elected mayor. Smart Cities Mission all reflect of similar

A Review of 74th Constitutional Amendment Act: A National Level Roundtable exclusionary attitudes. How then can social layouts. Yet, it is often found that the to prevail. Hence, we do not need a tinkering up-scale neighbourhood. Lastly, the preamble Mumbai, and health specific budget was 4. Interaction of New Schemes/Policies with conditionalities and funds linked to these template of governance as opposed to powers city are incomplete without the citizens being mohallah sabhas. So, these local conflicts In the case of Chandigarh, the mayor gets the track, was that plan has to be carried out in Amendment was passed, and the backdrop amendments to Andhra Pradesh Panchayati 5. Conclusion heterogeneous in nature, with variation in are a series of institutions which are now made • We propose that as collective of CSO, justice then be achieved in a society where association is exclusive only to people of a of the Act such as mohallah sabhas or ward and the constitution should be put to the right allocated and formulated through public the 74th Amendment started with the 11th Finance commission was that the local bodies will hold. The same has empowered and not just the corporators. The between a host of actors is part of why barely a year of time to function during their the ward sabha or ward committee and if it is was the liberalization project, and process of Raj Act, the Municipal Act, as well as the sizes and power to purchase property. It must constitutional institutions with provisions for an academicians, practitioners, elected prominence is given to western standards of certain class, who can influence rules and committees, but we need a fundamental use to reimagine the 74th Amendment. participation. This was done through the continued into JNNURM, not continuing into been done to curtail powers of spending and visions of the politicians are not spread out to democracy is much dicult to achieve. tenure, there is a complete scathing and not signed by 50% of ward, then the plans do economic reforms initiated through IMF Greater Hyderabad Municipal Corporation What is governance to people? Is it about be thought how the knowledge and these election commission, a finance commission, representatives should start building towards consumption and such actors who make nominations of the ward committees. The rules alteration of the 74th Amendment, to Vilas opined that it was desirable that the administration and the corporators, wherein The session that was chaired by Ashima Sood, AMRUT and Smart Cities, in fact that they are expenditure of local bodies, so then it is the city and it is this political space that needs indictment of the elected institutions. In not get approved, and that was practiced in conditionalities. There is a constant tussle Act, it has devolved powers in particular having “smart” infrastructure, good utilities? Is other forms of being in the city can be brought for local bodies. These are the gains of the a networks of councillors. significant contributions to the city are are devoid of any clause which ensures reimagine the ways our cities are built.” In e orts towards the implementation of the they had to firstly, answer questions posed by, Indian School of Business, Hyderabad was made part of the progress report whether in essential to re-consider the levels of to be created for a di erent approach Lakhan on discussing the role of political Haryana, the Director of Urban Development Shimla. In addition to this, 10% of the total between, privatization, centralization, and the industrial areas of municipal corporation to it about having fancy concretisation of city and into the imagination of the city. In the original 74th Constitutional Amendment, but there are excluded?” There is no housing rights diversity and greater participation from addition to this, the chances of a slum Amendment are posed questions. Firstly, with identify and prioritize citizen needs. Therefore, discussed by the panellists Tikender Panwar, terms of PMAY, Smart cities or AMRUT cities. decentralisation achieved by JNNURM on decentralisation. The term Urban Local parties said that, “Political parties present can remove the mayor. The public owns the revenue of the ward goes to the ward sabhas, local democracy. A di erent perspective its own parastatal, the Industrial building status quo? Or governance talks city plan for Hyderabad which was in number of things which should have been • A ground-up transformation can be achieved movement to resist and cease unlawful disadvantaged sections of the society in representative winning an election is low respect to participation, when reservation was to achieve, power to and for the people, work Former Deputy-Mayor (Shimla), Vinay Baindur, Therefore, the question at hand is whether whether it is about genuine decentralisation or Body is superfluous about city governments, were spoken to, but it was only one of the city, but repository is the elected government, in the form of property tax and other taxes the instead of viewing decentralisation as one-way Infrastructure Corporation, and this is found about much more than all of these above. It collaboration with several international bodies drafted better, such as the powers of the after studying the status quo and pushing for evictions. Street vendors movements are Karnataka. In Kerala, registered trade union considering the large sums of money pumped, implemented for the first time in Maharashtra, must be directed towards filling the lacunae in Independent researcher and activist this indicates that the central government is a direction of di erent kind by the state and about subsidiaries, functions, spaces for parties that took up the agenda, and put and this is something which is not explicitly municipal corporation generates will go back process might be state special rescaling to happen in Hyderabad, but such trends are goes beyond the material transaction that one set up a matrix of actors in the city which municipal bodies. The legislature of the state the enforcement of the 74th Amendment in active across the country and many other members are required to constitute ward in return for power. The Street Vendors Act there was 15% reservation for SC’s, 60% for the Act. (Bengaluru), Amita Bhide, Tata Institute of dedicated to the 74th Amendment, or not?” governments. decision making, operating, and accountability together a letter of promise, which goes mentioned is that the executive powers should to the ward sabhas. So, then the wards start wherein decentralisation is only part of what is more frequent than imagined across the sees in urban governance. It is very much part include those have stakes and the power to may by law determine what shall be the political manifesto and creating a public citizens are expected to participate in the committees, and in the case of West Bengal, provides for an elected Town Vendors ST’s, 27% for OBC, and 50 % for women overall Social Sciences,(Mumbai) and Anand Lakhan, wherein empowerment and eciency go beyond the manifesto to say that this vision be with the elected people. The case is made formulating plans, but it was realized there a happening. There is greater integration with country, and at the heart of this is a of citizenship, imagination of neighbourhood. influence and those who did not. Trade powers of the urban local government, and consciousness. Organizations such as IGSSS movement. It is through sustained resistance women BPL cardholders are required to be in Committee in every municipality, which has a in 15 municipal corporations. Although Therefore, the fundamental questions Housing rights activist (Indore). The agenda of As per the Grant Thorton evaluation study of hand in hand. of democracy which was realized through worse under Smart Cities, where not even in single format prevailing every six months they the global economy and capital circuits with tremendous tension between the city as a The extent to which and the potential of the Unions, workers and the host of actors apart from elected representatives, it provides should collectively put forth a revised draft of that the space of social justice can be the ward committees. Now let us consider 40% reservation of seats to be filled by direct representation could have been better, the discussed were about the changes that have the session was the ways in which the JNNURM which studied 25 states across the housing rights activism, through mohallah single SPV is headed by the mayor. Also, the never attended ward sabhas, and got the respect to the cities. With the 2002 guidelines node to be the heart of all economic growth. 74th Amendment to work is focussed towards including politician’s central to these for representation of MLA’s and MPC’s. Some the Act for consideration by all major political reclaimed. three disadvantaged groups in the city, election. In the case of Delhi Municipal responsibilities of these elected taken place in the urban space in the last 10-15 monopoly of schemes and policies influence country, found that only 8 states had Baindur observed that the process of Model samitis will be realized. This one instance of SPV’s are elitist as they do not answer to the signatures forged. Such mechanisms do exist. for FDI in townships for construction and In Telangana, Hyderabad provides 80% of the urban middle class. The middle class does discussions were excluded. If these actors are of which make the local bodies underlings of parties in the forthcoming election campaign. street-vendors, pourakarmikas, (waste pickers) Corporation, some street vendor leaders were representatives are not confined to one. years, the meaning of old and new the whole experiment of local democracy. transferred all the functions in the 12th Municipal law (MML) which came about in a how bottom-up governance is implemented.” council. It is for this reason that many cities Democratic decentralisation does mean infrastructure, tremendous capital is pulled in the revenue of the state, like a golden goose, not want to interfere in politics if good utilities not present then cannot we imagine a city the state legislatures wherein the state Questions such as reflecting on content and and slum-dwellers. The Ejipura Slum elected, but along with them, were few leaders Similarly, when caste-based reservations are urbanisations to the city and whose vision was Schedule to the ULG’s prior to JNNURM, and period of just six to eight years of the passage opposed the idea because it was an 1) devolving powers to the elected government and there is an integration global market. The and why would the state government want to are supplied. The 74th Amendment was set up development plan, because the competition legislatures and state level political leadership how to move towards it, creating peer network Demolition case in Bangalore involved 900 of ostentatious appearance and personality made, these are not exclusively for the weaker accepted when cities were renewed and Amita Bhide opened the discussion by post-JNNURM 11 states were found to do so. of the 74th Amendment was an idea initiated Panwar started the speech by discussing the encroachment on the democratic process. such as the mayor and council in West Bengal, city is a powerful tool for the state government let go of it, so for instance through this in a time when massive reforms were found is between our cities rather than foreign are very reluctant to give up their powers. in this respect and developing clarity odd people living in multi-storeyed buildings, who were known to splurge for the cause of sections, but for all those who fall into those reorganized. Before the 70’s the primary pointing out the need to discuss schemes was The figures in the case of District Planning by the Ministry of Urban Development, but it changing metamorphosis in the cities, that is Madhya Pradesh and Kerala, but apart from and the central government in this manner. devolution they have created Industrial Area happening and one of the major changes were cities? horizontally and vertically about which collapsed eventually, and these houses the election. On the other hand, in the case of categories. Hence, when the elected function of the urban space was to review a trajectory of schemes, rather than Committees were 11 and 3 more states in the the process which followed very well the changing roles of the city, and these roles Only 0.5% of the total GDP comes from their that it is from the people. There members must Cities are drivers of growth. The idea of Local Authorities.” So, what this means is that municipal financial reforms which is essential The key steps involved in rollout of works responsibilities of institutions should be were given out on rent despite being nominations there were di erent resident representatives from the above stated industrialization, and to convert the ousted focusing on a scheme. The need to discuss pre-JNNURM and post-JNNURM periods illustrates that bi-lateral and multilateral is linked to the neo-liberalist capitalistic order own revenue resources as far as city be empowered to bring in innovations like competition between cities is central to policy the most prosperous parts of the city where for making local bodies or places responsible towards urban governance- considered. uninhabitable by the owners. Despite the groups and civic forums who put out an online categories are found to unable to formulate agrarian population to industrial labour. And this trajectory arises, as they are characterized respectively. With respect to formation of agencies had a major role in how these that we are living in. Some twenty to thirty governments are concerned, but it is not allocating 10% of the total finances to the ward imaginations which is reflected in AMRUT and property taxes are found to be highest, are for their finances, without giving them any • We propose that it is important for CSO to council passing a resolution that both owners advertisement on social media platforms to schemes or agendas particularly for the post globalization cities have transformed as primarily through their approach of these metropolitan planning committees, only West The content of decentralisation that we want is policies can be brought into legislation with years ago, cities and city governments were because of the non-payment of taxes. Land is sabhas. Smart Cities Mission. Bombay competes with areas such as IT parks. It is the state capabilities or capacities for them to become engage in capacity building workshop on • Channelizing the strength votes to demand & tenants should be given homes, half of the call for nominations. One such nomination weaker section. The situation is the case of fertile ground for international capital. So, the schemes to the governance of cities. The key Bengal had done it in the pre-JNNURM states, important. The 74th Amendment by all these hardly any participation by state legislatures at mainly meant to be managers of the city. This thus a major issue and still not with the city Shanghai, and Bangalore competes with government, which is through its channel of politically active agents. The delivery of the gender budgeting and municipal finances. for social audit of municipal body, and monitor land was given to private developer and the filled was a resident from Rajajinagar who filed political parties. Thus, the true objectives of intention of the investors is primarily to junctures that were considered were the 11th and 2 more states were added to this list of schemes is clearly being conjoined to other all. Baindur noted that, “Some of the answers role has changed from city managers to governments, and it is through that land that Finally, in majority of the cities, the entire Smart Singapore, and this notion of competition is so industrial corporations, collecting property Amendment is questionable if it is so designed This will help in a more critical engagement the social justice spending from the municipal other half is reserved only for housing a false case in the Karnataka High Court to the 74th Amendment remain unfulfilled. develop the infrastructure of the cities, so the Finance Commission, JNNURM, Smart Cities, implementing MPC’s. Hence, we see that reforms which needs to be sifted in order to that were received by the people who filed city entrepreneurs. City entrepreneurs are many state governments are playing. In Delhi, Cities ooad is not 14% of the total budget. central to policy vision that then the city is in taxes, and keeping most of those taxes. There to disable places. It is important to understand with city governments, understanding the budgets, focusing on existing tools provided Srinivas stated that while discussing the 74th previous owners. Currently, the tenants have evict street-vendors, accusing them of purpose of urbanization itself has changed. In and the lesser researched case of AMRUT. outcome of even a heavily funded major get a clear picture. For example, community RTI’s in the Ministry, research organisations steppingstones to privatization of cities, and it is Delhi Development Authority (DDA) which The change in paradigms is from city fact a tool for certain kinds of economic logics is a small loophole in the Amendment, what is possible from the act. process of budgeting, how participatory is it on by the 74th Amendment and working to create Amendment it had been clear that none of the been relocated 15 kms away, and the blocking the storm water drain. One of the Currently representation levels of women are such a privatized context there is lesser scope program like JNNURM seems to be an participation law which came via the JNNURM and with certain state governments. The the Smart Cities Mission which is marketed is is the central government. It is pointless unless governance to city entrepreneurship to to be put into motion. On one hand there this provisory to Article 243 Q (1) says that that the ground. This is to also strengthen the democratic space for the marginalized groups panellists believed that any social justice had developer has also mortgaged the land. The ward committees in Whitefield passed a at 52 %, compared to the 10% before 1992. Yet, to demand for right than when cities are run There is a recent trend of central government ine ective method. Thus, it is important to talks about including versions of the Parivartan response to these which was received from but an abject privatization of our cities. He the method to empower financially is passed privatization. Private will only venture where vision of local democracy, a bottom-up state government may declare any area to be The structure of municipal governance is advocacy work and build an analysis of how in the city and creating an ownership among been achieved. The reasons behind this must 74th Amendment seems to have done nothing resolution to evict street vendors and they in this representation is merely a number, as by the citizens. In a privatized space, the idea intervention in all schemes. Urban local think how to e ect decentralisation rather than Law which are visions that are fragmenting the National Institute of Urban Aairs was noted his experience of being a deputy mayor to city governments. Panwar said that, “One of there is a fair amount of profit. Majority of the perspective of the city of what the cities are an industrial township. Looking at places like based on residence such that only a resident much participation of women is important in the sections of relevance areas to focus on. be understood. Changes are required in the to prevent large injustices. Secondly, in the fact got evicted. Thus, urban governance in women representatives still do not have the of share is not taken into consideration, governance is a state subject, and yet since as a campaign of civil society. The first the city rather than talking about a that the Government was only peripherally wherein both factions had to bear with a the suggestions, quite sweepingly made to governments who are not able pay the salaries like, but against them are powerful forces, Jamshedpur which is now an urban of a ward, having a voter id card proving their We need to think about of using the 74th planning and budgeting as this can being Act to enable social, economic and political case of municipal contract workers and other present times is the luxury of a specific class of power to implement. Women are part of with respect to resources and livelihood 1999 the central government has shown question is regarding content is the second is comprehensive, direct democracy or involved in the preparation which is skewed representation as there was no part 10% of the total income tax collected of their employees work as adjuncts of the which the state governments are very aware agglomeration more than a million people address of residence in the ward, would be Amendment as a template wherein the kind of reviewed under the mandate of 74th • As regard to grassroots initiatives and what justice. The preamble also sets forward a such services such as solid waste people. child-care, health, education and sanitation opportunities. This is because global investors increasing interests in the a airs of the city, about method, and how does one move there. bottom-up versions of democracy. The shocking.” Whose law is it anyway? provision for a no-confidence movement. from the cities back to the city governments. state governments because that is seemingly of. There is an interesting anomaly that, in the doesn’t have a municipal corporation. By permitted to speak in the ward, which is not content that needs to be added, deleted or Constitutional Amendment Act 243-W (i) people’s movements are demanding, an vision is to achieve justice, liberty equality and management which are obligatory functions of committees, but excluded from finance are redesigning and reimaging city spaces with the resolution of the 11th Finance The Grant Thorton study, in the case of Odisha, financing of ULDs in a post-GST regime is Panwar stated that there was a scope of That is a huge amount, as 1/3 of the urban the only way. Only 6% growth has taken place West particularly in North America city creating these enclaves, special spaces are the only way people are living in cities, as modified, even at a city scale. Secondly, it is to mentions that the municipalities with powers, awareness program in 6-7 state levels can be fraternity which is impossible without the municipalities, are outsourced to The re-imagination of this Act must happen committees. The participation of women in according to their market purposes. Therefore, Commission. The central government funds revealed that the approach is for the state weak as it is dependent of central and state The mohallah sabhas and samitis as engagement, if adequate intervention was population contribute to 2/3 of the GDP, but in statutory towns, but large-scale growth is governments are powerful enough and are carved out wherein the people are citizens vendors and other actors whose interests as be identified how to move forward and who or responsibilities, authority may necessary developed as many of the states going for achieving social justice. The various laws in the contractors in most cases in the country. In this ground up, but the groundwork of familiarizing slum committees is also nil. There is still no the question of social justice also takes a must be matched the state government funds governments to transfer functions of utilities to governments. Local Bodies cannot be infrastructures envisaged by the 74th taken. While reviewing the 74th Amendment, 90% of the total revenue of the government found to take place in census towns. This is an expected to be entrepreneurial actors. In India, and their government is a private entity. There urban citizens, are not located in one particular what kind of alliances need to be built if we contain provisions for the devolution of state elections and need to see how elected constitution address issues related to caste, case, why was the outsourcing not prevented with these social movements has not been prevalence of a gender budget in the new dimension. The issue of social justice is almost to an equal extent, that which is often the ULG’s, but in a very fragmented way. The empowered without providing adequate Amendment can in fact serve the purposes for using data mainly from states of Madhya comes from the cities. So, the decision to part anomaly, as the growth of the population is not it is in fact the state governments that have is really no way for people who live there to place. It is important to understand who the have a vision for change. powers and responsibilities upon representatives and candidates of gender & religion, but the laws on governance is a pertinent question to ask. Despite the carried out. A high number of individuals municipal council or corporation. Vilas said, disvalued when people from ‘economically not accorded enough importance, and even power to plan cities are not transferred to funding for which di erent ways such as debt which it was intended. One of the problems Pradesh, Himachal Pradesh, Maharashtra, 10% of the total revenue is being practiced in reflected in the state finance commission. taken up that job and the cities governments have a say in the use of those funds at all and residents are and how they are seen, as it municipalities, to prepare of plans for governments address the needs of people’s made in the 74th Amendment are found to be Street Vendors Act Section 3.3 stating that no involved in urban governance are distant from “Even after representation of 52 women in weaker sections’ are not given an equal status the ULG’s are expected generate a certain ULG’s, but the capacities to execute the plan financing (like JNNURM) or reviving and with local democracy, certainly in Bangalore Odisha and Karnataka, the schemes of Scandinavian countries where 30% is Cities thus are in dire need for improving are invariable seen as hurdles in realizing the makes it important to fight for the 74th decides the power claimed by di erent groups The useful features of the 74th Amendment economic development and social justice. organizations. The law per say might not be formulated exclusive of issues of caste, gender street vendors shall be relocated or evicted till the farmer’s movement, the trade union the House, there is a need to run rights with respect to citizenship. There is also the amount of funds. The state government has are transferred the ULG’s. A cadre of ocials is enhancing property taxes should be thought where technocratic elites and trans-national JNNURM, the Rajiv Awas Yojana, under the allocated.” delivery systems and governance, and this is vision of the entrepreneurial city. A study Amendment. of city dwellers in the decision-making are that it makes ULG’s permanent, tenure of e ective with respect to including the clause and religion, which translates similarly on a survey of all street vendors as well as movements, and the Dalit movement. Thus, a movements in Mumbai. The reservation perspective of ‘poverty alleviation’ where such found a bypass where the state government formed who will be based in the local bodies of. The question is to understand space for organizations have taken up the role of Ministry of Housing and Poverty Alleviation, mostly due to the inadequacies and undertaken with Loraine Kennedy, stated that process. The design must be rethought in such the local bodies is assured, that is every five • To create a module for capacity building for of migrant labour into the institutional process ground. For instance, in the case of the registration are done, evictions continue to be coalition of all group in the cities ensuring merely serves as a skill development tool and communities are labelled as beneficiaries, as and local bodies contribute nothing, but in fact but who are in fact transferable across local independent decision-making by ensuring pushing civic agendas is that the prevailing were studied. One of the key assessments that Lastly, about the ward sabhas, the irony is that ineciencies of most city governments, the Greater Municipal Corporation of a case, and maybe we need to acknowledge years’ elections have to conducted to these CSO and ULG’s looking at best practices of the Amendment, but what is provided for in nominations to ward committees in Bangalore, executed. The instance of the mayor of greater diversity in representation to sensitize does not translate into policy level or a burden and exception to the government, pick out revenues from land. All these bodies and will be accountable to the state inclusiveness for the and the adequately view is that this system will benefit people to were made were that there was no clarity the biggest impediment to the Act, was the barring a few, highlighting the enforcement of Hyderabad doesn’t have a vision currently, that all these people are already active in local local bodies, there is pattern of reservation across states, roles and responsibilities the Act are rights which all citizens should the rules states that resident’s association are Bangalore questioning the legality of street about the need to get back the power to the changes in existing schemes.” In one of bastis eating into its budgets. Therefore, social schemes touch upon the implementation of government. So, in addition to commissioners financing local bodies. improve civic facilities in middle class colonies. about the role of ULG’s. The provisions of councillor, because there is a certain budget the Act. and requires one to transform it into a world governments. There are di erent other among the members, there will have to be a mentioned under 74th CAA. Build in collectively usurp. Therefore, the way forward required to register and validate a minimum vendors illustrates this gap in social justice. people is required. This endeavour is to in Mumbai, an area sabha was formed where justice cannot merely be achieved through the the 74th Constitutional Amendment and who are now the bureaucratic chiefs, an This leaves behind those residing in slums and JNNURM puts the ULG’s at par with the that is allocated to the councillor, who in 50% class city. Sood said that, “In Hyderabad, this associations for slum dwellers and traders’ Metropolitan, on District Planning Committee engagement with the city governments in comprises the following steps such as number of years of registration. Resident Srinivas commented, “Therefore, nothing in ensure that people from disadvantaged group basic services have not been fulfilled at all. 74th Amendment. e ecting the transfer of function, functionaries addition of 5 ocials from each portfolio, who Secondly, the democracy in the city is limited shacks who form much of the population of parastatals. The roles of the city are largely to 60% cases are nexus contractors. In Sood stated that it was important to divert our has played out in an interesting way, and it is associations, but we are focussed on the 74th and Ward Committees. Structurally we have order to build linkages in such capacity generating awareness among every citizen Welfare Associations are supposed to be the Act or the rules prevents the widespread get their rights and enjoy equal rights to the As one of the corporators being from a and funds as conditionalities to giving all these are much more accountable to the state to bureaucratic devolution rather than as an India. Moreover, the political representatives undefined, and the attrition of functions is also response, the innovative idea trialled, which attention to the important historical part of what has being tried to trace which is Amendment which it is closely connected to something from municipal corporations at the building programme and facilitate hand about their rights, ensuring that they are not inclusive of all residents in the respective casteist, gendered injustices that are found city as would an individual in a relatively minority category, for the first time in functions. Bhide said that, “There are a lot of government and follow a more homogenised entity with political agency. The claims to the did not take well to the empowerment of the 24 su ered at the hands of parastatals. was not institutionalized and gradually went o conjuncture at which the 74th Constitutional that the state governments have through the issue of property tax. Residents are apex level right down to the ward level, there holding for the same. side-tracked by vested political interests that

are intimidating them and filing court orders for redressal of concerns.

• A lot has been spoken about giving representation to trade unions, migrants and so on. The scope for representation of such people can only be envisioned at the ward levels, but such issues are pan-city. Therefore, there is a need for representation in the Municipal Planning Committees, or as per provision in the Act, they are also expected to consult with such groups while decision making. 3. Social Justice Achieved Only two percent of the ward committees have The panellists, Shaktiman Ghosh, National been instituted in the country so far. There is a Hawkers Federation( Kolkata), Vinay Srinivas, need to democratize and decentralize urban Alternate Law Forum(Bengaluru), and Varsha governance especially when we are Vidya Vilas (Mumbai) discussed the session witnessing municipal bodies are being that was chaired by Rajendra Prabhakaran, sidelined by the PPP Model. The Smart Cities Urban Justice Activist. Cities as it was have been exempt of any interference from conceived in 1992 has undergone change with the existing municipal corporation and will be respect to the actors, especially the marginal administered by a separate corporation for groups such as street-vendors. Prior to the which the Special Purpose Vehicle (SPV) will 70’s, the cities were perceived to be a hotspot not be an elected ocial, but through the of economic and social development. At the secretary for urban department. This has been same time, green revolution forced workers done so that, in the case of demolition of slums out of their villages, into the cities. These for redevelopment activities, the elected communities became unemployed overnight, ocial is not held accountable. 496 cities have as a result of rapidly industrializing urban been accorded the AMRUT status, yet 70% of space that required a di erent technical skill the urban power have been found to reside in set. There was a wave of liberalization, these cities. The contradiction between the privatization, and globalization paralelly e orts informal sector and the governments agenda were taken to strengthen participatory of making rapid growth in GDP, has led to vast democracy through decentralisation. economic inequalities and consequentially Workers here who have been labelled as inequalities related to housing and “unskilled” with the e ects of urbanisation, are infrastructure. The government has only identified as ‘poor’ by the government contributed to this situation, and concepts like schemes despite being the primary Smart Cities do not permit any realization of contributors in creating and sustaining the social justice, and it is the presence of these cities. These communities are doubly economic contradictions which is at the root of alienated in terms of materially and social the government’s need to push the informal deprivation. sector outside the city.

Shaktiman Ghosh opened by discussing about In the Olga Tellis v. Bombay Municipal the shift towards a consumeristic state from Corporation Case Justice Chandrachud stated welfare state. For example, governments’ 2015 that ‘hawking is a right’ resonant in the idea smart cities scheme looked at cities as a that life is livelihood, and even after consumeristic privilege where they chose to introduction of the Street Vendors in 2014, consciously ignore the urban poor citizens. It is most cities are in the process of removing to be questioned whether the state hawkers from the streets. The government government or the central government has the seems to unwilling to accommodate such political will to implement this Act. Recently, groups of people in their vision for the city. The the mayor of Delhi stated the decision to requirements for the city as well as the urban attend a meeting that can only be taken with poor are not taken into consideration by the approval of the municipal commissioner which planners of the city. Ghosh said, “The Urban contradicts the mandate of the 74th Renewal Mission a joint initiative of the Indian Amendment which accords power to the Government & donor organisation, and the elected mayor. Smart Cities Mission all reflect of similar

A Review of 74th Constitutional Amendment Act: A National Level Roundtable exclusionary attitudes. How then can social layouts. Yet, it is often found that the to prevail. Hence, we do not need a tinkering up-scale neighbourhood. Lastly, the preamble Mumbai, and health specific budget was 4. Interaction of New Schemes/Policies with conditionalities and funds linked to these template of governance as opposed to powers city are incomplete without the citizens being mohallah sabhas. So, these local conflicts In the case of Chandigarh, the mayor gets the track, was that plan has to be carried out in Amendment was passed, and the backdrop amendments to Andhra Pradesh Panchayati 5. Conclusion heterogeneous in nature, with variation in are a series of institutions which are now made • We propose that as collective of CSO, justice then be achieved in a society where association is exclusive only to people of a of the Act such as mohallah sabhas or ward and the constitution should be put to the right allocated and formulated through public the 74th Amendment started with the 11th Finance commission was that the local bodies will hold. The same has empowered and not just the corporators. The between a host of actors is part of why barely a year of time to function during their the ward sabha or ward committee and if it is was the liberalization project, and process of Raj Act, the Municipal Act, as well as the sizes and power to purchase property. It must constitutional institutions with provisions for an academicians, practitioners, elected prominence is given to western standards of certain class, who can influence rules and committees, but we need a fundamental use to reimagine the 74th Amendment. participation. This was done through the continued into JNNURM, not continuing into been done to curtail powers of spending and visions of the politicians are not spread out to democracy is much dicult to achieve. tenure, there is a complete scathing and not signed by 50% of ward, then the plans do economic reforms initiated through IMF Greater Hyderabad Municipal Corporation What is governance to people? Is it about be thought how the knowledge and these election commission, a finance commission, representatives should start building towards consumption and such actors who make nominations of the ward committees. The rules alteration of the 74th Amendment, to Vilas opined that it was desirable that the administration and the corporators, wherein The session that was chaired by Ashima Sood, AMRUT and Smart Cities, in fact that they are expenditure of local bodies, so then it is the city and it is this political space that needs indictment of the elected institutions. In not get approved, and that was practiced in conditionalities. There is a constant tussle Act, it has devolved powers in particular having “smart” infrastructure, good utilities? Is other forms of being in the city can be brought for local bodies. These are the gains of the a networks of councillors. significant contributions to the city are are devoid of any clause which ensures reimagine the ways our cities are built.” In e orts towards the implementation of the they had to firstly, answer questions posed by, Indian School of Business, Hyderabad was made part of the progress report whether in essential to re-consider the levels of to be created for a di erent approach Lakhan on discussing the role of political Haryana, the Director of Urban Development Shimla. In addition to this, 10% of the total between, privatization, centralization, and the industrial areas of municipal corporation to it about having fancy concretisation of city and into the imagination of the city. In the original 74th Constitutional Amendment, but there are excluded?” There is no housing rights diversity and greater participation from addition to this, the chances of a slum Amendment are posed questions. Firstly, with identify and prioritize citizen needs. Therefore, discussed by the panellists Tikender Panwar, terms of PMAY, Smart cities or AMRUT cities. decentralisation achieved by JNNURM on decentralisation. The term Urban Local parties said that, “Political parties present can remove the mayor. The public owns the revenue of the ward goes to the ward sabhas, local democracy. A di erent perspective its own parastatal, the Industrial building status quo? Or governance talks city plan for Hyderabad which was in number of things which should have been • A ground-up transformation can be achieved movement to resist and cease unlawful disadvantaged sections of the society in representative winning an election is low respect to participation, when reservation was to achieve, power to and for the people, work Former Deputy-Mayor (Shimla), Vinay Baindur, Therefore, the question at hand is whether whether it is about genuine decentralisation or Body is superfluous about city governments, were spoken to, but it was only one of the city, but repository is the elected government, in the form of property tax and other taxes the instead of viewing decentralisation as one-way Infrastructure Corporation, and this is found about much more than all of these above. It collaboration with several international bodies drafted better, such as the powers of the after studying the status quo and pushing for evictions. Street vendors movements are Karnataka. In Kerala, registered trade union considering the large sums of money pumped, implemented for the first time in Maharashtra, must be directed towards filling the lacunae in Independent researcher and activist this indicates that the central government is a direction of di erent kind by the state and about subsidiaries, functions, spaces for parties that took up the agenda, and put and this is something which is not explicitly municipal corporation generates will go back process might be state special rescaling to happen in Hyderabad, but such trends are goes beyond the material transaction that one set up a matrix of actors in the city which municipal bodies. The legislature of the state the enforcement of the 74th Amendment in active across the country and many other members are required to constitute ward in return for power. The Street Vendors Act there was 15% reservation for SC’s, 60% for the Act. (Bengaluru), Amita Bhide, Tata Institute of dedicated to the 74th Amendment, or not?” governments. decision making, operating, and accountability together a letter of promise, which goes mentioned is that the executive powers should to the ward sabhas. So, then the wards start wherein decentralisation is only part of what is more frequent than imagined across the sees in urban governance. It is very much part include those have stakes and the power to may by law determine what shall be the political manifesto and creating a public citizens are expected to participate in the committees, and in the case of West Bengal, provides for an elected Town Vendors ST’s, 27% for OBC, and 50 % for women overall Social Sciences,(Mumbai) and Anand Lakhan, wherein empowerment and eciency go beyond the manifesto to say that this vision be with the elected people. The case is made formulating plans, but it was realized there a happening. There is greater integration with country, and at the heart of this is a of citizenship, imagination of neighbourhood. influence and those who did not. Trade powers of the urban local government, and consciousness. Organizations such as IGSSS movement. It is through sustained resistance women BPL cardholders are required to be in Committee in every municipality, which has a in 15 municipal corporations. Although Therefore, the fundamental questions Housing rights activist (Indore). The agenda of As per the Grant Thorton evaluation study of hand in hand. of democracy which was realized through worse under Smart Cities, where not even in single format prevailing every six months they the global economy and capital circuits with tremendous tension between the city as a The extent to which and the potential of the Unions, workers and the host of actors apart from elected representatives, it provides should collectively put forth a revised draft of that the space of social justice can be the ward committees. Now let us consider 40% reservation of seats to be filled by direct representation could have been better, the discussed were about the changes that have the session was the ways in which the JNNURM which studied 25 states across the housing rights activism, through mohallah single SPV is headed by the mayor. Also, the never attended ward sabhas, and got the respect to the cities. With the 2002 guidelines node to be the heart of all economic growth. 74th Amendment to work is focussed towards including politician’s central to these for representation of MLA’s and MPC’s. Some the Act for consideration by all major political reclaimed. three disadvantaged groups in the city, election. In the case of Delhi Municipal responsibilities of these elected taken place in the urban space in the last 10-15 monopoly of schemes and policies influence country, found that only 8 states had Baindur observed that the process of Model samitis will be realized. This one instance of SPV’s are elitist as they do not answer to the signatures forged. Such mechanisms do exist. for FDI in townships for construction and In Telangana, Hyderabad provides 80% of the urban middle class. The middle class does discussions were excluded. If these actors are of which make the local bodies underlings of parties in the forthcoming election campaign. street-vendors, pourakarmikas, (waste pickers) Corporation, some street vendor leaders were representatives are not confined to one. years, the meaning of old and new the whole experiment of local democracy. transferred all the functions in the 12th Municipal law (MML) which came about in a how bottom-up governance is implemented.” council. It is for this reason that many cities Democratic decentralisation does mean infrastructure, tremendous capital is pulled in the revenue of the state, like a golden goose, not want to interfere in politics if good utilities not present then cannot we imagine a city the state legislatures wherein the state Questions such as reflecting on content and and slum-dwellers. The Ejipura Slum elected, but along with them, were few leaders Similarly, when caste-based reservations are urbanisations to the city and whose vision was Schedule to the ULG’s prior to JNNURM, and period of just six to eight years of the passage opposed the idea because it was an 1) devolving powers to the elected government and there is an integration global market. The and why would the state government want to are supplied. The 74th Amendment was set up development plan, because the competition legislatures and state level political leadership how to move towards it, creating peer network Demolition case in Bangalore involved 900 of ostentatious appearance and personality made, these are not exclusively for the weaker accepted when cities were renewed and Amita Bhide opened the discussion by post-JNNURM 11 states were found to do so. of the 74th Amendment was an idea initiated Panwar started the speech by discussing the encroachment on the democratic process. such as the mayor and council in West Bengal, city is a powerful tool for the state government let go of it, so for instance through this in a time when massive reforms were found is between our cities rather than foreign are very reluctant to give up their powers. in this respect and developing clarity odd people living in multi-storeyed buildings, who were known to splurge for the cause of sections, but for all those who fall into those reorganized. Before the 70’s the primary pointing out the need to discuss schemes was The figures in the case of District Planning by the Ministry of Urban Development, but it changing metamorphosis in the cities, that is Madhya Pradesh and Kerala, but apart from and the central government in this manner. devolution they have created Industrial Area happening and one of the major changes were cities? horizontally and vertically about which collapsed eventually, and these houses the election. On the other hand, in the case of categories. Hence, when the elected function of the urban space was to review a trajectory of schemes, rather than Committees were 11 and 3 more states in the the process which followed very well the changing roles of the city, and these roles Only 0.5% of the total GDP comes from their that it is from the people. There members must Cities are drivers of growth. The idea of Local Authorities.” So, what this means is that municipal financial reforms which is essential The key steps involved in rollout of works responsibilities of institutions should be were given out on rent despite being nominations there were di erent resident representatives from the above stated industrialization, and to convert the ousted focusing on a scheme. The need to discuss pre-JNNURM and post-JNNURM periods illustrates that bi-lateral and multilateral is linked to the neo-liberalist capitalistic order own revenue resources as far as city be empowered to bring in innovations like competition between cities is central to policy the most prosperous parts of the city where for making local bodies or places responsible towards urban governance- considered. uninhabitable by the owners. Despite the groups and civic forums who put out an online categories are found to unable to formulate agrarian population to industrial labour. And this trajectory arises, as they are characterized respectively. With respect to formation of agencies had a major role in how these that we are living in. Some twenty to thirty governments are concerned, but it is not allocating 10% of the total finances to the ward imaginations which is reflected in AMRUT and property taxes are found to be highest, are for their finances, without giving them any • We propose that it is important for CSO to council passing a resolution that both owners advertisement on social media platforms to schemes or agendas particularly for the post globalization cities have transformed as primarily through their approach of these metropolitan planning committees, only West The content of decentralisation that we want is policies can be brought into legislation with years ago, cities and city governments were because of the non-payment of taxes. Land is sabhas. Smart Cities Mission. Bombay competes with areas such as IT parks. It is the state capabilities or capacities for them to become engage in capacity building workshop on • Channelizing the strength votes to demand & tenants should be given homes, half of the call for nominations. One such nomination weaker section. The situation is the case of fertile ground for international capital. So, the schemes to the governance of cities. The key Bengal had done it in the pre-JNNURM states, important. The 74th Amendment by all these hardly any participation by state legislatures at mainly meant to be managers of the city. This thus a major issue and still not with the city Shanghai, and Bangalore competes with government, which is through its channel of politically active agents. The delivery of the gender budgeting and municipal finances. for social audit of municipal body, and monitor land was given to private developer and the filled was a resident from Rajajinagar who filed political parties. Thus, the true objectives of intention of the investors is primarily to junctures that were considered were the 11th and 2 more states were added to this list of schemes is clearly being conjoined to other all. Baindur noted that, “Some of the answers role has changed from city managers to governments, and it is through that land that Finally, in majority of the cities, the entire Smart Singapore, and this notion of competition is so industrial corporations, collecting property Amendment is questionable if it is so designed This will help in a more critical engagement the social justice spending from the municipal other half is reserved only for housing a false case in the Karnataka High Court to the 74th Amendment remain unfulfilled. develop the infrastructure of the cities, so the Finance Commission, JNNURM, Smart Cities, implementing MPC’s. Hence, we see that reforms which needs to be sifted in order to that were received by the people who filed city entrepreneurs. City entrepreneurs are many state governments are playing. In Delhi, Cities ooad is not 14% of the total budget. central to policy vision that then the city is in taxes, and keeping most of those taxes. There to disable places. It is important to understand with city governments, understanding the budgets, focusing on existing tools provided Srinivas stated that while discussing the 74th previous owners. Currently, the tenants have evict street-vendors, accusing them of purpose of urbanization itself has changed. In and the lesser researched case of AMRUT. outcome of even a heavily funded major get a clear picture. For example, community RTI’s in the Ministry, research organisations steppingstones to privatization of cities, and it is Delhi Development Authority (DDA) which The change in paradigms is from city fact a tool for certain kinds of economic logics is a small loophole in the Amendment, what is possible from the act. process of budgeting, how participatory is it on by the 74th Amendment and working to create Amendment it had been clear that none of the been relocated 15 kms away, and the blocking the storm water drain. One of the Currently representation levels of women are such a privatized context there is lesser scope program like JNNURM seems to be an participation law which came via the JNNURM and with certain state governments. The the Smart Cities Mission which is marketed is is the central government. It is pointless unless governance to city entrepreneurship to to be put into motion. On one hand there this provisory to Article 243 Q (1) says that that the ground. This is to also strengthen the democratic space for the marginalized groups panellists believed that any social justice had developer has also mortgaged the land. The ward committees in Whitefield passed a at 52 %, compared to the 10% before 1992. Yet, to demand for right than when cities are run There is a recent trend of central government ine ective method. Thus, it is important to talks about including versions of the Parivartan response to these which was received from but an abject privatization of our cities. He the method to empower financially is passed privatization. Private will only venture where vision of local democracy, a bottom-up state government may declare any area to be The structure of municipal governance is advocacy work and build an analysis of how in the city and creating an ownership among been achieved. The reasons behind this must 74th Amendment seems to have done nothing resolution to evict street vendors and they in this representation is merely a number, as by the citizens. In a privatized space, the idea intervention in all schemes. Urban local think how to e ect decentralisation rather than Law which are visions that are fragmenting the National Institute of Urban Aairs was noted his experience of being a deputy mayor to city governments. Panwar said that, “One of there is a fair amount of profit. Majority of the perspective of the city of what the cities are an industrial township. Looking at places like based on residence such that only a resident much participation of women is important in the sections of relevance areas to focus on. be understood. Changes are required in the to prevent large injustices. Secondly, in the fact got evicted. Thus, urban governance in women representatives still do not have the of share is not taken into consideration, governance is a state subject, and yet since as a campaign of civil society. The first the city rather than talking about a that the Government was only peripherally wherein both factions had to bear with a the suggestions, quite sweepingly made to governments who are not able pay the salaries like, but against them are powerful forces, Jamshedpur which is now an urban of a ward, having a voter id card proving their We need to think about of using the 74th planning and budgeting as this can being Act to enable social, economic and political case of municipal contract workers and other present times is the luxury of a specific class of power to implement. Women are part of with respect to resources and livelihood 1999 the central government has shown question is regarding content is the second is comprehensive, direct democracy or involved in the preparation which is skewed representation as there was no part 10% of the total income tax collected of their employees work as adjuncts of the which the state governments are very aware agglomeration more than a million people address of residence in the ward, would be Amendment as a template wherein the kind of reviewed under the mandate of 74th • As regard to grassroots initiatives and what justice. The preamble also sets forward a such services such as solid waste people. child-care, health, education and sanitation opportunities. This is because global investors increasing interests in the a airs of the city, about method, and how does one move there. bottom-up versions of democracy. The shocking.” Whose law is it anyway? provision for a no-confidence movement. from the cities back to the city governments. state governments because that is seemingly of. There is an interesting anomaly that, in the doesn’t have a municipal corporation. By permitted to speak in the ward, which is not content that needs to be added, deleted or Constitutional Amendment Act 243-W (i) people’s movements are demanding, an vision is to achieve justice, liberty equality and management which are obligatory functions of committees, but excluded from finance are redesigning and reimaging city spaces with the resolution of the 11th Finance The Grant Thorton study, in the case of Odisha, financing of ULDs in a post-GST regime is Panwar stated that there was a scope of That is a huge amount, as 1/3 of the urban the only way. Only 6% growth has taken place West particularly in North America city creating these enclaves, special spaces are the only way people are living in cities, as modified, even at a city scale. Secondly, it is to mentions that the municipalities with powers, awareness program in 6-7 state levels can be fraternity which is impossible without the municipalities, are outsourced to The re-imagination of this Act must happen committees. The participation of women in according to their market purposes. Therefore, Commission. The central government funds revealed that the approach is for the state weak as it is dependent of central and state The mohallah sabhas and samitis as engagement, if adequate intervention was population contribute to 2/3 of the GDP, but in statutory towns, but large-scale growth is governments are powerful enough and are carved out wherein the people are citizens vendors and other actors whose interests as be identified how to move forward and who or responsibilities, authority may necessary developed as many of the states going for achieving social justice. The various laws in the contractors in most cases in the country. In this ground up, but the groundwork of familiarizing slum committees is also nil. There is still no the question of social justice also takes a must be matched the state government funds governments to transfer functions of utilities to governments. Local Bodies cannot be infrastructures envisaged by the 74th taken. While reviewing the 74th Amendment, 90% of the total revenue of the government found to take place in census towns. This is an expected to be entrepreneurial actors. In India, and their government is a private entity. There urban citizens, are not located in one particular what kind of alliances need to be built if we contain provisions for the devolution of state elections and need to see how elected constitution address issues related to caste, case, why was the outsourcing not prevented with these social movements has not been prevalence of a gender budget in the new dimension. The issue of social justice is almost to an equal extent, that which is often the ULG’s, but in a very fragmented way. The empowered without providing adequate Amendment can in fact serve the purposes for using data mainly from states of Madhya comes from the cities. So, the decision to part anomaly, as the growth of the population is not it is in fact the state governments that have is really no way for people who live there to place. It is important to understand who the have a vision for change. powers and responsibilities upon representatives and candidates of gender & religion, but the laws on governance is a pertinent question to ask. Despite the carried out. A high number of individuals municipal council or corporation. Vilas said, disvalued when people from ‘economically not accorded enough importance, and even power to plan cities are not transferred to funding for which di erent ways such as debt which it was intended. One of the problems Pradesh, Himachal Pradesh, Maharashtra, 10% of the total revenue is being practiced in reflected in the state finance commission. taken up that job and the cities governments have a say in the use of those funds at all and residents are and how they are seen, as it municipalities, to prepare of plans for governments address the needs of people’s made in the 74th Amendment are found to be Street Vendors Act Section 3.3 stating that no involved in urban governance are distant from “Even after representation of 52 women in weaker sections’ are not given an equal status the ULG’s are expected generate a certain ULG’s, but the capacities to execute the plan financing (like JNNURM) or reviving and with local democracy, certainly in Bangalore Odisha and Karnataka, the schemes of Scandinavian countries where 30% is Cities thus are in dire need for improving are invariable seen as hurdles in realizing the makes it important to fight for the 74th decides the power claimed by di erent groups The useful features of the 74th Amendment economic development and social justice. organizations. The law per say might not be formulated exclusive of issues of caste, gender street vendors shall be relocated or evicted till the farmer’s movement, the trade union the House, there is a need to run rights with respect to citizenship. There is also the amount of funds. The state government has are transferred the ULG’s. A cadre of ocials is enhancing property taxes should be thought where technocratic elites and trans-national JNNURM, the Rajiv Awas Yojana, under the allocated.” delivery systems and governance, and this is vision of the entrepreneurial city. A study Amendment. of city dwellers in the decision-making are that it makes ULG’s permanent, tenure of e ective with respect to including the clause and religion, which translates similarly on a survey of all street vendors as well as movements, and the Dalit movement. Thus, a movements in Mumbai. The reservation perspective of ‘poverty alleviation’ where such found a bypass where the state government formed who will be based in the local bodies of. The question is to understand space for organizations have taken up the role of Ministry of Housing and Poverty Alleviation, mostly due to the inadequacies and undertaken with Loraine Kennedy, stated that process. The design must be rethought in such the local bodies is assured, that is every five • To create a module for capacity building for of migrant labour into the institutional process ground. For instance, in the case of the registration are done, evictions continue to be coalition of all group in the cities ensuring merely serves as a skill development tool and communities are labelled as beneficiaries, as and local bodies contribute nothing, but in fact but who are in fact transferable across local independent decision-making by ensuring pushing civic agendas is that the prevailing were studied. One of the key assessments that Lastly, about the ward sabhas, the irony is that ineciencies of most city governments, the Greater Municipal Corporation of a case, and maybe we need to acknowledge years’ elections have to conducted to these CSO and ULG’s looking at best practices of the Amendment, but what is provided for in nominations to ward committees in Bangalore, executed. The instance of the mayor of greater diversity in representation to sensitize does not translate into policy level or a burden and exception to the government, pick out revenues from land. All these bodies and will be accountable to the state inclusiveness for the and the adequately view is that this system will benefit people to were made were that there was no clarity the biggest impediment to the Act, was the barring a few, highlighting the enforcement of Hyderabad doesn’t have a vision currently, that all these people are already active in local local bodies, there is pattern of reservation across states, roles and responsibilities the Act are rights which all citizens should the rules states that resident’s association are Bangalore questioning the legality of street about the need to get back the power to the changes in existing schemes.” In one of bastis eating into its budgets. Therefore, social schemes touch upon the implementation of government. So, in addition to commissioners financing local bodies. improve civic facilities in middle class colonies. about the role of ULG’s. The provisions of councillor, because there is a certain budget the Act. and requires one to transform it into a world governments. There are di erent other among the members, there will have to be a mentioned under 74th CAA. Build in collectively usurp. Therefore, the way forward required to register and validate a minimum vendors illustrates this gap in social justice. people is required. This endeavour is to in Mumbai, an area sabha was formed where justice cannot merely be achieved through the the 74th Constitutional Amendment and who are now the bureaucratic chiefs, an This leaves behind those residing in slums and JNNURM puts the ULG’s at par with the that is allocated to the councillor, who in 50% class city. Sood said that, “In Hyderabad, this associations for slum dwellers and traders’ Metropolitan, on District Planning Committee engagement with the city governments in comprises the following steps such as number of years of registration. Resident Srinivas commented, “Therefore, nothing in ensure that people from disadvantaged group basic services have not been fulfilled at all. 74th Amendment. e ecting the transfer of function, functionaries addition of 5 ocials from each portfolio, who Secondly, the democracy in the city is limited shacks who form much of the population of parastatals. The roles of the city are largely to 60% cases are nexus contractors. In Sood stated that it was important to divert our has played out in an interesting way, and it is associations, but we are focussed on the 74th and Ward Committees. Structurally we have order to build linkages in such capacity generating awareness among every citizen Welfare Associations are supposed to be the Act or the rules prevents the widespread get their rights and enjoy equal rights to the As one of the corporators being from a and funds as conditionalities to giving all these are much more accountable to the state to bureaucratic devolution rather than as an India. Moreover, the political representatives undefined, and the attrition of functions is also response, the innovative idea trialled, which attention to the important historical part of what has being tried to trace which is Amendment which it is closely connected to something from municipal corporations at the building programme and facilitate hand about their rights, ensuring that they are not inclusive of all residents in the respective casteist, gendered injustices that are found city as would an individual in a relatively minority category, for the first time in functions. Bhide said that, “There are a lot of government and follow a more homogenised entity with political agency. The claims to the did not take well to the empowerment of the 25 su ered at the hands of parastatals. was not institutionalized and gradually went o conjuncture at which the 74th Constitutional that the state governments have through the issue of property tax. Residents are apex level right down to the ward level, there holding for the same. side-tracked by vested political interests that

are intimidating them and filing court orders for redressal of concerns.

• A lot has been spoken about giving representation to trade unions, migrants and so on. The scope for representation of such people can only be envisioned at the ward levels, but such issues are pan-city. Therefore, there is a need for representation in the Municipal Planning Committees, or as per provision in the Act, they are also expected to consult with such groups while decision making. 3. Social Justice Achieved Only two percent of the ward committees have The panellists, Shaktiman Ghosh, National been instituted in the country so far. There is a Hawkers Federation( Kolkata), Vinay Srinivas, need to democratize and decentralize urban Alternate Law Forum(Bengaluru), and Varsha governance especially when we are Vidya Vilas (Mumbai) discussed the session witnessing municipal bodies are being that was chaired by Rajendra Prabhakaran, sidelined by the PPP Model. The Smart Cities Urban Justice Activist. Cities as it was have been exempt of any interference from conceived in 1992 has undergone change with the existing municipal corporation and will be respect to the actors, especially the marginal administered by a separate corporation for groups such as street-vendors. Prior to the which the Special Purpose Vehicle (SPV) will 70’s, the cities were perceived to be a hotspot not be an elected ocial, but through the of economic and social development. At the secretary for urban department. This has been same time, green revolution forced workers done so that, in the case of demolition of slums out of their villages, into the cities. These for redevelopment activities, the elected communities became unemployed overnight, ocial is not held accountable. 496 cities have as a result of rapidly industrializing urban been accorded the AMRUT status, yet 70% of space that required a di erent technical skill the urban power have been found to reside in set. There was a wave of liberalization, these cities. The contradiction between the privatization, and globalization paralelly e orts informal sector and the governments agenda were taken to strengthen participatory of making rapid growth in GDP, has led to vast democracy through decentralisation. economic inequalities and consequentially Workers here who have been labelled as inequalities related to housing and “unskilled” with the e ects of urbanisation, are infrastructure. The government has only identified as ‘poor’ by the government contributed to this situation, and concepts like schemes despite being the primary Smart Cities do not permit any realization of contributors in creating and sustaining the social justice, and it is the presence of these cities. These communities are doubly economic contradictions which is at the root of alienated in terms of materially and social the government’s need to push the informal deprivation. sector outside the city.

Shaktiman Ghosh opened by discussing about In the Olga Tellis v. Bombay Municipal the shift towards a consumeristic state from Corporation Case Justice Chandrachud stated welfare state. For example, governments’ 2015 that ‘hawking is a right’ resonant in the idea smart cities scheme looked at cities as a that life is livelihood, and even after consumeristic privilege where they chose to introduction of the Street Vendors in 2014, consciously ignore the urban poor citizens. It is most cities are in the process of removing to be questioned whether the state hawkers from the streets. The government government or the central government has the seems to unwilling to accommodate such political will to implement this Act. Recently, groups of people in their vision for the city. The the mayor of Delhi stated the decision to requirements for the city as well as the urban attend a meeting that can only be taken with poor are not taken into consideration by the approval of the municipal commissioner which planners of the city. Ghosh said, “The Urban contradicts the mandate of the 74th Renewal Mission a joint initiative of the Indian Amendment which accords power to the Government & donor organisation, and the elected mayor. Smart Cities Mission all reflect of similar

A Review of 74th Constitutional Amendment Act: A National Level Roundtable exclusionary attitudes. How then can social layouts. Yet, it is often found that the to prevail. Hence, we do not need a tinkering up-scale neighbourhood. Lastly, the preamble Mumbai, and health specific budget was 4. Interaction of New Schemes/Policies with conditionalities and funds linked to these template of governance as opposed to powers city are incomplete without the citizens being mohallah sabhas. So, these local conflicts In the case of Chandigarh, the mayor gets the track, was that plan has to be carried out in Amendment was passed, and the backdrop amendments to Andhra Pradesh Panchayati 5. Conclusion heterogeneous in nature, with variation in are a series of institutions which are now made • We propose that as collective of CSO, justice then be achieved in a society where association is exclusive only to people of a of the Act such as mohallah sabhas or ward and the constitution should be put to the right allocated and formulated through public the 74th Amendment started with the 11th Finance commission was that the local bodies will hold. The same has empowered and not just the corporators. The between a host of actors is part of why barely a year of time to function during their the ward sabha or ward committee and if it is was the liberalization project, and process of Raj Act, the Municipal Act, as well as the sizes and power to purchase property. It must constitutional institutions with provisions for an academicians, practitioners, elected prominence is given to western standards of certain class, who can influence rules and committees, but we need a fundamental use to reimagine the 74th Amendment. participation. This was done through the continued into JNNURM, not continuing into been done to curtail powers of spending and visions of the politicians are not spread out to democracy is much dicult to achieve. tenure, there is a complete scathing and not signed by 50% of ward, then the plans do economic reforms initiated through IMF Greater Hyderabad Municipal Corporation What is governance to people? Is it about be thought how the knowledge and these election commission, a finance commission, representatives should start building towards consumption and such actors who make nominations of the ward committees. The rules alteration of the 74th Amendment, to Vilas opined that it was desirable that the administration and the corporators, wherein The session that was chaired by Ashima Sood, AMRUT and Smart Cities, in fact that they are expenditure of local bodies, so then it is the city and it is this political space that needs indictment of the elected institutions. In not get approved, and that was practiced in conditionalities. There is a constant tussle Act, it has devolved powers in particular having “smart” infrastructure, good utilities? Is other forms of being in the city can be brought for local bodies. These are the gains of the a networks of councillors. significant contributions to the city are are devoid of any clause which ensures reimagine the ways our cities are built.” In e orts towards the implementation of the they had to firstly, answer questions posed by, Indian School of Business, Hyderabad was made part of the progress report whether in essential to re-consider the levels of to be created for a di erent approach Lakhan on discussing the role of political Haryana, the Director of Urban Development Shimla. In addition to this, 10% of the total between, privatization, centralization, and the industrial areas of municipal corporation to it about having fancy concretisation of city and into the imagination of the city. In the original 74th Constitutional Amendment, but there are excluded?” There is no housing rights diversity and greater participation from addition to this, the chances of a slum Amendment are posed questions. Firstly, with identify and prioritize citizen needs. Therefore, discussed by the panellists Tikender Panwar, terms of PMAY, Smart cities or AMRUT cities. decentralisation achieved by JNNURM on decentralisation. The term Urban Local parties said that, “Political parties present can remove the mayor. The public owns the revenue of the ward goes to the ward sabhas, local democracy. A di erent perspective its own parastatal, the Industrial building status quo? Or governance talks city plan for Hyderabad which was in number of things which should have been • A ground-up transformation can be achieved movement to resist and cease unlawful disadvantaged sections of the society in representative winning an election is low respect to participation, when reservation was to achieve, power to and for the people, work Former Deputy-Mayor (Shimla), Vinay Baindur, Therefore, the question at hand is whether whether it is about genuine decentralisation or Body is superfluous about city governments, were spoken to, but it was only one of the city, but repository is the elected government, in the form of property tax and other taxes the instead of viewing decentralisation as one-way Infrastructure Corporation, and this is found about much more than all of these above. It collaboration with several international bodies drafted better, such as the powers of the after studying the status quo and pushing for evictions. Street vendors movements are Karnataka. In Kerala, registered trade union considering the large sums of money pumped, implemented for the first time in Maharashtra, must be directed towards filling the lacunae in Independent researcher and activist this indicates that the central government is a direction of di erent kind by the state and about subsidiaries, functions, spaces for parties that took up the agenda, and put and this is something which is not explicitly municipal corporation generates will go back process might be state special rescaling to happen in Hyderabad, but such trends are goes beyond the material transaction that one set up a matrix of actors in the city which municipal bodies. The legislature of the state the enforcement of the 74th Amendment in active across the country and many other members are required to constitute ward in return for power. The Street Vendors Act there was 15% reservation for SC’s, 60% for the Act. (Bengaluru), Amita Bhide, Tata Institute of dedicated to the 74th Amendment, or not?” governments. decision making, operating, and accountability together a letter of promise, which goes mentioned is that the executive powers should to the ward sabhas. So, then the wards start wherein decentralisation is only part of what is more frequent than imagined across the sees in urban governance. It is very much part include those have stakes and the power to may by law determine what shall be the political manifesto and creating a public citizens are expected to participate in the committees, and in the case of West Bengal, provides for an elected Town Vendors ST’s, 27% for OBC, and 50 % for women overall Social Sciences,(Mumbai) and Anand Lakhan, wherein empowerment and eciency go beyond the manifesto to say that this vision be with the elected people. The case is made formulating plans, but it was realized there a happening. There is greater integration with country, and at the heart of this is a of citizenship, imagination of neighbourhood. influence and those who did not. Trade powers of the urban local government, and consciousness. Organizations such as IGSSS movement. It is through sustained resistance women BPL cardholders are required to be in Committee in every municipality, which has a in 15 municipal corporations. Although Therefore, the fundamental questions Housing rights activist (Indore). The agenda of As per the Grant Thorton evaluation study of hand in hand. of democracy which was realized through worse under Smart Cities, where not even in single format prevailing every six months they the global economy and capital circuits with tremendous tension between the city as a The extent to which and the potential of the Unions, workers and the host of actors apart from elected representatives, it provides should collectively put forth a revised draft of that the space of social justice can be the ward committees. Now let us consider 40% reservation of seats to be filled by direct representation could have been better, the discussed were about the changes that have the session was the ways in which the JNNURM which studied 25 states across the housing rights activism, through mohallah single SPV is headed by the mayor. Also, the never attended ward sabhas, and got the respect to the cities. With the 2002 guidelines node to be the heart of all economic growth. 74th Amendment to work is focussed towards including politician’s central to these for representation of MLA’s and MPC’s. Some the Act for consideration by all major political reclaimed. three disadvantaged groups in the city, election. In the case of Delhi Municipal responsibilities of these elected taken place in the urban space in the last 10-15 monopoly of schemes and policies influence country, found that only 8 states had Baindur observed that the process of Model samitis will be realized. This one instance of SPV’s are elitist as they do not answer to the signatures forged. Such mechanisms do exist. for FDI in townships for construction and In Telangana, Hyderabad provides 80% of the urban middle class. The middle class does discussions were excluded. If these actors are of which make the local bodies underlings of parties in the forthcoming election campaign. street-vendors, pourakarmikas, (waste pickers) Corporation, some street vendor leaders were representatives are not confined to one. years, the meaning of old and new the whole experiment of local democracy. transferred all the functions in the 12th Municipal law (MML) which came about in a how bottom-up governance is implemented.” council. It is for this reason that many cities Democratic decentralisation does mean infrastructure, tremendous capital is pulled in the revenue of the state, like a golden goose, not want to interfere in politics if good utilities not present then cannot we imagine a city the state legislatures wherein the state Questions such as reflecting on content and and slum-dwellers. The Ejipura Slum elected, but along with them, were few leaders Similarly, when caste-based reservations are urbanisations to the city and whose vision was Schedule to the ULG’s prior to JNNURM, and period of just six to eight years of the passage opposed the idea because it was an 1) devolving powers to the elected government and there is an integration global market. The and why would the state government want to are supplied. The 74th Amendment was set up development plan, because the competition legislatures and state level political leadership how to move towards it, creating peer network Demolition case in Bangalore involved 900 of ostentatious appearance and personality made, these are not exclusively for the weaker accepted when cities were renewed and Amita Bhide opened the discussion by post-JNNURM 11 states were found to do so. of the 74th Amendment was an idea initiated Panwar started the speech by discussing the encroachment on the democratic process. such as the mayor and council in West Bengal, city is a powerful tool for the state government let go of it, so for instance through this in a time when massive reforms were found is between our cities rather than foreign are very reluctant to give up their powers. in this respect and developing clarity odd people living in multi-storeyed buildings, who were known to splurge for the cause of sections, but for all those who fall into those reorganized. Before the 70’s the primary pointing out the need to discuss schemes was The figures in the case of District Planning by the Ministry of Urban Development, but it changing metamorphosis in the cities, that is Madhya Pradesh and Kerala, but apart from and the central government in this manner. devolution they have created Industrial Area happening and one of the major changes were cities? horizontally and vertically about which collapsed eventually, and these houses the election. On the other hand, in the case of categories. Hence, when the elected function of the urban space was to review a trajectory of schemes, rather than Committees were 11 and 3 more states in the the process which followed very well the changing roles of the city, and these roles Only 0.5% of the total GDP comes from their that it is from the people. There members must Cities are drivers of growth. The idea of Local Authorities.” So, what this means is that municipal financial reforms which is essential The key steps involved in rollout of works responsibilities of institutions should be were given out on rent despite being nominations there were di erent resident representatives from the above stated industrialization, and to convert the ousted focusing on a scheme. The need to discuss pre-JNNURM and post-JNNURM periods illustrates that bi-lateral and multilateral is linked to the neo-liberalist capitalistic order own revenue resources as far as city be empowered to bring in innovations like competition between cities is central to policy the most prosperous parts of the city where for making local bodies or places responsible towards urban governance- considered. uninhabitable by the owners. Despite the groups and civic forums who put out an online categories are found to unable to formulate agrarian population to industrial labour. And this trajectory arises, as they are characterized respectively. With respect to formation of agencies had a major role in how these that we are living in. Some twenty to thirty governments are concerned, but it is not allocating 10% of the total finances to the ward imaginations which is reflected in AMRUT and property taxes are found to be highest, are for their finances, without giving them any • We propose that it is important for CSO to council passing a resolution that both owners advertisement on social media platforms to schemes or agendas particularly for the post globalization cities have transformed as primarily through their approach of these metropolitan planning committees, only West The content of decentralisation that we want is policies can be brought into legislation with years ago, cities and city governments were because of the non-payment of taxes. Land is sabhas. Smart Cities Mission. Bombay competes with areas such as IT parks. It is the state capabilities or capacities for them to become engage in capacity building workshop on • Channelizing the strength votes to demand & tenants should be given homes, half of the call for nominations. One such nomination weaker section. The situation is the case of fertile ground for international capital. So, the schemes to the governance of cities. The key Bengal had done it in the pre-JNNURM states, important. The 74th Amendment by all these hardly any participation by state legislatures at mainly meant to be managers of the city. This thus a major issue and still not with the city Shanghai, and Bangalore competes with government, which is through its channel of politically active agents. The delivery of the gender budgeting and municipal finances. for social audit of municipal body, and monitor land was given to private developer and the filled was a resident from Rajajinagar who filed political parties. Thus, the true objectives of intention of the investors is primarily to junctures that were considered were the 11th and 2 more states were added to this list of schemes is clearly being conjoined to other all. Baindur noted that, “Some of the answers role has changed from city managers to governments, and it is through that land that Finally, in majority of the cities, the entire Smart Singapore, and this notion of competition is so industrial corporations, collecting property Amendment is questionable if it is so designed This will help in a more critical engagement the social justice spending from the municipal other half is reserved only for housing a false case in the Karnataka High Court to the 74th Amendment remain unfulfilled. develop the infrastructure of the cities, so the Finance Commission, JNNURM, Smart Cities, implementing MPC’s. Hence, we see that reforms which needs to be sifted in order to that were received by the people who filed city entrepreneurs. City entrepreneurs are many state governments are playing. In Delhi, Cities ooad is not 14% of the total budget. central to policy vision that then the city is in taxes, and keeping most of those taxes. There to disable places. It is important to understand with city governments, understanding the budgets, focusing on existing tools provided Srinivas stated that while discussing the 74th previous owners. Currently, the tenants have evict street-vendors, accusing them of purpose of urbanization itself has changed. In and the lesser researched case of AMRUT. outcome of even a heavily funded major get a clear picture. For example, community RTI’s in the Ministry, research organisations steppingstones to privatization of cities, and it is Delhi Development Authority (DDA) which The change in paradigms is from city fact a tool for certain kinds of economic logics is a small loophole in the Amendment, what is possible from the act. process of budgeting, how participatory is it on by the 74th Amendment and working to create Amendment it had been clear that none of the been relocated 15 kms away, and the blocking the storm water drain. One of the Currently representation levels of women are such a privatized context there is lesser scope program like JNNURM seems to be an participation law which came via the JNNURM and with certain state governments. The the Smart Cities Mission which is marketed is is the central government. It is pointless unless governance to city entrepreneurship to to be put into motion. On one hand there this provisory to Article 243 Q (1) says that that the ground. This is to also strengthen the democratic space for the marginalized groups panellists believed that any social justice had developer has also mortgaged the land. The ward committees in Whitefield passed a at 52 %, compared to the 10% before 1992. Yet, to demand for right than when cities are run There is a recent trend of central government ine ective method. Thus, it is important to talks about including versions of the Parivartan response to these which was received from but an abject privatization of our cities. He the method to empower financially is passed privatization. Private will only venture where vision of local democracy, a bottom-up state government may declare any area to be The structure of municipal governance is advocacy work and build an analysis of how in the city and creating an ownership among been achieved. The reasons behind this must 74th Amendment seems to have done nothing resolution to evict street vendors and they in this representation is merely a number, as by the citizens. In a privatized space, the idea intervention in all schemes. Urban local think how to e ect decentralisation rather than Law which are visions that are fragmenting the National Institute of Urban Aairs was noted his experience of being a deputy mayor to city governments. Panwar said that, “One of there is a fair amount of profit. Majority of the perspective of the city of what the cities are an industrial township. Looking at places like based on residence such that only a resident much participation of women is important in the sections of relevance areas to focus on. be understood. Changes are required in the to prevent large injustices. Secondly, in the fact got evicted. Thus, urban governance in women representatives still do not have the of share is not taken into consideration, governance is a state subject, and yet since as a campaign of civil society. The first the city rather than talking about a that the Government was only peripherally wherein both factions had to bear with a the suggestions, quite sweepingly made to governments who are not able pay the salaries like, but against them are powerful forces, Jamshedpur which is now an urban of a ward, having a voter id card proving their We need to think about of using the 74th planning and budgeting as this can being Act to enable social, economic and political case of municipal contract workers and other present times is the luxury of a specific class of power to implement. Women are part of with respect to resources and livelihood 1999 the central government has shown question is regarding content is the second is comprehensive, direct democracy or involved in the preparation which is skewed representation as there was no part 10% of the total income tax collected of their employees work as adjuncts of the which the state governments are very aware agglomeration more than a million people address of residence in the ward, would be Amendment as a template wherein the kind of reviewed under the mandate of 74th • As regard to grassroots initiatives and what justice. The preamble also sets forward a such services such as solid waste people. child-care, health, education and sanitation opportunities. This is because global investors increasing interests in the a airs of the city, about method, and how does one move there. bottom-up versions of democracy. The shocking.” Whose law is it anyway? provision for a no-confidence movement. from the cities back to the city governments. state governments because that is seemingly of. There is an interesting anomaly that, in the doesn’t have a municipal corporation. By permitted to speak in the ward, which is not content that needs to be added, deleted or Constitutional Amendment Act 243-W (i) people’s movements are demanding, an vision is to achieve justice, liberty equality and management which are obligatory functions of committees, but excluded from finance are redesigning and reimaging city spaces with the resolution of the 11th Finance The Grant Thorton study, in the case of Odisha, financing of ULDs in a post-GST regime is Panwar stated that there was a scope of That is a huge amount, as 1/3 of the urban the only way. Only 6% growth has taken place West particularly in North America city creating these enclaves, special spaces are the only way people are living in cities, as modified, even at a city scale. Secondly, it is to mentions that the municipalities with powers, awareness program in 6-7 state levels can be fraternity which is impossible without the municipalities, are outsourced to The re-imagination of this Act must happen committees. The participation of women in according to their market purposes. Therefore, Commission. The central government funds revealed that the approach is for the state weak as it is dependent of central and state The mohallah sabhas and samitis as engagement, if adequate intervention was population contribute to 2/3 of the GDP, but in statutory towns, but large-scale growth is governments are powerful enough and are carved out wherein the people are citizens vendors and other actors whose interests as be identified how to move forward and who or responsibilities, authority may necessary developed as many of the states going for achieving social justice. The various laws in the contractors in most cases in the country. In this ground up, but the groundwork of familiarizing slum committees is also nil. There is still no the question of social justice also takes a must be matched the state government funds governments to transfer functions of utilities to governments. Local Bodies cannot be infrastructures envisaged by the 74th taken. While reviewing the 74th Amendment, 90% of the total revenue of the government found to take place in census towns. This is an expected to be entrepreneurial actors. In India, and their government is a private entity. There urban citizens, are not located in one particular what kind of alliances need to be built if we contain provisions for the devolution of state elections and need to see how elected constitution address issues related to caste, case, why was the outsourcing not prevented with these social movements has not been prevalence of a gender budget in the new dimension. The issue of social justice is almost to an equal extent, that which is often the ULG’s, but in a very fragmented way. The empowered without providing adequate Amendment can in fact serve the purposes for using data mainly from states of Madhya comes from the cities. So, the decision to part anomaly, as the growth of the population is not it is in fact the state governments that have is really no way for people who live there to place. It is important to understand who the have a vision for change. powers and responsibilities upon representatives and candidates of gender & religion, but the laws on governance is a pertinent question to ask. Despite the carried out. A high number of individuals municipal council or corporation. Vilas said, disvalued when people from ‘economically not accorded enough importance, and even power to plan cities are not transferred to funding for which di erent ways such as debt which it was intended. One of the problems Pradesh, Himachal Pradesh, Maharashtra, 10% of the total revenue is being practiced in reflected in the state finance commission. taken up that job and the cities governments have a say in the use of those funds at all and residents are and how they are seen, as it municipalities, to prepare of plans for governments address the needs of people’s made in the 74th Amendment are found to be Street Vendors Act Section 3.3 stating that no involved in urban governance are distant from “Even after representation of 52 women in weaker sections’ are not given an equal status the ULG’s are expected generate a certain ULG’s, but the capacities to execute the plan financing (like JNNURM) or reviving and with local democracy, certainly in Bangalore Odisha and Karnataka, the schemes of Scandinavian countries where 30% is Cities thus are in dire need for improving are invariable seen as hurdles in realizing the makes it important to fight for the 74th decides the power claimed by di erent groups The useful features of the 74th Amendment economic development and social justice. organizations. The law per say might not be formulated exclusive of issues of caste, gender street vendors shall be relocated or evicted till the farmer’s movement, the trade union the House, there is a need to run rights with respect to citizenship. There is also the amount of funds. The state government has are transferred the ULG’s. A cadre of ocials is enhancing property taxes should be thought where technocratic elites and trans-national JNNURM, the Rajiv Awas Yojana, under the allocated.” delivery systems and governance, and this is vision of the entrepreneurial city. A study Amendment. of city dwellers in the decision-making are that it makes ULG’s permanent, tenure of e ective with respect to including the clause and religion, which translates similarly on a survey of all street vendors as well as movements, and the Dalit movement. Thus, a movements in Mumbai. The reservation perspective of ‘poverty alleviation’ where such found a bypass where the state government formed who will be based in the local bodies of. The question is to understand space for organizations have taken up the role of Ministry of Housing and Poverty Alleviation, mostly due to the inadequacies and undertaken with Loraine Kennedy, stated that process. The design must be rethought in such the local bodies is assured, that is every five • To create a module for capacity building for of migrant labour into the institutional process ground. For instance, in the case of the registration are done, evictions continue to be coalition of all group in the cities ensuring merely serves as a skill development tool and communities are labelled as beneficiaries, as and local bodies contribute nothing, but in fact but who are in fact transferable across local independent decision-making by ensuring pushing civic agendas is that the prevailing were studied. One of the key assessments that Lastly, about the ward sabhas, the irony is that ineciencies of most city governments, the Greater Municipal Corporation of a case, and maybe we need to acknowledge years’ elections have to conducted to these CSO and ULG’s looking at best practices of the Amendment, but what is provided for in nominations to ward committees in Bangalore, executed. The instance of the mayor of greater diversity in representation to sensitize does not translate into policy level or a burden and exception to the government, pick out revenues from land. All these bodies and will be accountable to the state inclusiveness for the and the adequately view is that this system will benefit people to were made were that there was no clarity the biggest impediment to the Act, was the barring a few, highlighting the enforcement of Hyderabad doesn’t have a vision currently, that all these people are already active in local local bodies, there is pattern of reservation across states, roles and responsibilities the Act are rights which all citizens should the rules states that resident’s association are Bangalore questioning the legality of street about the need to get back the power to the changes in existing schemes.” In one of bastis eating into its budgets. Therefore, social schemes touch upon the implementation of government. So, in addition to commissioners financing local bodies. improve civic facilities in middle class colonies. about the role of ULG’s. The provisions of councillor, because there is a certain budget the Act. and requires one to transform it into a world governments. There are di erent other among the members, there will have to be a mentioned under 74th CAA. Build in collectively usurp. Therefore, the way forward required to register and validate a minimum vendors illustrates this gap in social justice. people is required. This endeavour is to in Mumbai, an area sabha was formed where justice cannot merely be achieved through the the 74th Constitutional Amendment and who are now the bureaucratic chiefs, an This leaves behind those residing in slums and JNNURM puts the ULG’s at par with the that is allocated to the councillor, who in 50% class city. Sood said that, “In Hyderabad, this associations for slum dwellers and traders’ Metropolitan, on District Planning Committee engagement with the city governments in comprises the following steps such as number of years of registration. Resident Srinivas commented, “Therefore, nothing in ensure that people from disadvantaged group basic services have not been fulfilled at all. 74th Amendment. e ecting the transfer of function, functionaries addition of 5 ocials from each portfolio, who Secondly, the democracy in the city is limited shacks who form much of the population of parastatals. The roles of the city are largely to 60% cases are nexus contractors. In Sood stated that it was important to divert our has played out in an interesting way, and it is associations, but we are focussed on the 74th and Ward Committees. Structurally we have order to build linkages in such capacity generating awareness among every citizen Welfare Associations are supposed to be the Act or the rules prevents the widespread get their rights and enjoy equal rights to the As one of the corporators being from a and funds as conditionalities to giving all these are much more accountable to the state to bureaucratic devolution rather than as an India. Moreover, the political representatives undefined, and the attrition of functions is also response, the innovative idea trialled, which attention to the important historical part of what has being tried to trace which is Amendment which it is closely connected to something from municipal corporations at the building programme and facilitate hand about their rights, ensuring that they are not inclusive of all residents in the respective casteist, gendered injustices that are found city as would an individual in a relatively minority category, for the first time in functions. Bhide said that, “There are a lot of government and follow a more homogenised entity with political agency. The claims to the did not take well to the empowerment of the su ered at the hands of parastatals. was not institutionalized and gradually went o conjuncture at which the 74th Constitutional that the state governments have through 26 the issue of property tax. Residents are apex level right down to the ward level, there holding for the same. side-tracked by vested political interests that

are intimidating them and filing court orders for redressal of concerns.

• A lot has been spoken about giving representation to trade unions, migrants and so on. The scope for representation of such people can only be envisioned at the ward levels, but such issues are pan-city. Therefore, there is a need for representation in the Municipal Planning Committees, or as per provision in the Act, they are also expected to consult with such groups while decision making. 3. Social Justice Achieved Only two percent of the ward committees have The panellists, Shaktiman Ghosh, National been instituted in the country so far. There is a Hawkers Federation( Kolkata), Vinay Srinivas, need to democratize and decentralize urban Alternate Law Forum(Bengaluru), and Varsha governance especially when we are Vidya Vilas (Mumbai) discussed the session witnessing municipal bodies are being that was chaired by Rajendra Prabhakaran, sidelined by the PPP Model. The Smart Cities Urban Justice Activist. Cities as it was have been exempt of any interference from conceived in 1992 has undergone change with the existing municipal corporation and will be respect to the actors, especially the marginal administered by a separate corporation for groups such as street-vendors. Prior to the which the Special Purpose Vehicle (SPV) will 70’s, the cities were perceived to be a hotspot not be an elected ocial, but through the of economic and social development. At the secretary for urban department. This has been same time, green revolution forced workers done so that, in the case of demolition of slums out of their villages, into the cities. These for redevelopment activities, the elected communities became unemployed overnight, ocial is not held accountable. 496 cities have as a result of rapidly industrializing urban been accorded the AMRUT status, yet 70% of space that required a di erent technical skill the urban power have been found to reside in set. There was a wave of liberalization, these cities. The contradiction between the privatization, and globalization paralelly e orts informal sector and the governments agenda were taken to strengthen participatory of making rapid growth in GDP, has led to vast democracy through decentralisation. economic inequalities and consequentially Workers here who have been labelled as inequalities related to housing and “unskilled” with the e ects of urbanisation, are infrastructure. The government has only identified as ‘poor’ by the government contributed to this situation, and concepts like schemes despite being the primary Smart Cities do not permit any realization of contributors in creating and sustaining the social justice, and it is the presence of these cities. These communities are doubly economic contradictions which is at the root of alienated in terms of materially and social the government’s need to push the informal deprivation. sector outside the city.

Shaktiman Ghosh opened by discussing about In the Olga Tellis v. Bombay Municipal the shift towards a consumeristic state from Corporation Case Justice Chandrachud stated welfare state. For example, governments’ 2015 that ‘hawking is a right’ resonant in the idea smart cities scheme looked at cities as a that life is livelihood, and even after consumeristic privilege where they chose to introduction of the Street Vendors in 2014, consciously ignore the urban poor citizens. It is most cities are in the process of removing to be questioned whether the state hawkers from the streets. The government government or the central government has the seems to unwilling to accommodate such political will to implement this Act. Recently, groups of people in their vision for the city. The the mayor of Delhi stated the decision to requirements for the city as well as the urban attend a meeting that can only be taken with poor are not taken into consideration by the approval of the municipal commissioner which planners of the city. Ghosh said, “The Urban contradicts the mandate of the 74th Renewal Mission a joint initiative of the Indian Amendment which accords power to the Government & donor organisation, and the elected mayor. Smart Cities Mission all reflect of similar

A Review of 74th Constitutional Amendment Act: A National Level Roundtable exclusionary attitudes. How then can social layouts. Yet, it is often found that the to prevail. Hence, we do not need a tinkering up-scale neighbourhood. Lastly, the preamble Mumbai, and health specific budget was 4. Interaction of New Schemes/Policies with conditionalities and funds linked to these template of governance as opposed to powers city are incomplete without the citizens being mohallah sabhas. So, these local conflicts In the case of Chandigarh, the mayor gets the track, was that plan has to be carried out in Amendment was passed, and the backdrop amendments to Andhra Pradesh Panchayati 5. Conclusion heterogeneous in nature, with variation in are a series of institutions which are now made • We propose that as collective of CSO, justice then be achieved in a society where association is exclusive only to people of a of the Act such as mohallah sabhas or ward and the constitution should be put to the right allocated and formulated through public the 74th Amendment started with the 11th Finance commission was that the local bodies will hold. The same has empowered and not just the corporators. The between a host of actors is part of why barely a year of time to function during their the ward sabha or ward committee and if it is was the liberalization project, and process of Raj Act, the Municipal Act, as well as the sizes and power to purchase property. It must constitutional institutions with provisions for an academicians, practitioners, elected prominence is given to western standards of certain class, who can influence rules and committees, but we need a fundamental use to reimagine the 74th Amendment. participation. This was done through the continued into JNNURM, not continuing into been done to curtail powers of spending and visions of the politicians are not spread out to democracy is much dicult to achieve. tenure, there is a complete scathing and not signed by 50% of ward, then the plans do economic reforms initiated through IMF Greater Hyderabad Municipal Corporation What is governance to people? Is it about be thought how the knowledge and these election commission, a finance commission, representatives should start building towards consumption and such actors who make nominations of the ward committees. The rules alteration of the 74th Amendment, to Vilas opined that it was desirable that the administration and the corporators, wherein The session that was chaired by Ashima Sood, AMRUT and Smart Cities, in fact that they are expenditure of local bodies, so then it is the city and it is this political space that needs indictment of the elected institutions. In not get approved, and that was practiced in conditionalities. There is a constant tussle Act, it has devolved powers in particular having “smart” infrastructure, good utilities? Is other forms of being in the city can be brought for local bodies. These are the gains of the a networks of councillors. significant contributions to the city are are devoid of any clause which ensures reimagine the ways our cities are built.” In e orts towards the implementation of the they had to firstly, answer questions posed by, Indian School of Business, Hyderabad was made part of the progress report whether in essential to re-consider the levels of to be created for a di erent approach Lakhan on discussing the role of political Haryana, the Director of Urban Development Shimla. In addition to this, 10% of the total between, privatization, centralization, and the industrial areas of municipal corporation to it about having fancy concretisation of city and into the imagination of the city. In the original 74th Constitutional Amendment, but there are excluded?” There is no housing rights diversity and greater participation from addition to this, the chances of a slum Amendment are posed questions. Firstly, with identify and prioritize citizen needs. Therefore, discussed by the panellists Tikender Panwar, terms of PMAY, Smart cities or AMRUT cities. decentralisation achieved by JNNURM on decentralisation. The term Urban Local parties said that, “Political parties present can remove the mayor. The public owns the revenue of the ward goes to the ward sabhas, local democracy. A di erent perspective its own parastatal, the Industrial building status quo? Or governance talks city plan for Hyderabad which was in number of things which should have been • A ground-up transformation can be achieved movement to resist and cease unlawful disadvantaged sections of the society in representative winning an election is low respect to participation, when reservation was to achieve, power to and for the people, work Former Deputy-Mayor (Shimla), Vinay Baindur, Therefore, the question at hand is whether whether it is about genuine decentralisation or Body is superfluous about city governments, were spoken to, but it was only one of the city, but repository is the elected government, in the form of property tax and other taxes the instead of viewing decentralisation as one-way Infrastructure Corporation, and this is found about much more than all of these above. It collaboration with several international bodies drafted better, such as the powers of the after studying the status quo and pushing for evictions. Street vendors movements are Karnataka. In Kerala, registered trade union considering the large sums of money pumped, implemented for the first time in Maharashtra, must be directed towards filling the lacunae in Independent researcher and activist this indicates that the central government is a direction of di erent kind by the state and about subsidiaries, functions, spaces for parties that took up the agenda, and put and this is something which is not explicitly municipal corporation generates will go back process might be state special rescaling to happen in Hyderabad, but such trends are goes beyond the material transaction that one set up a matrix of actors in the city which municipal bodies. The legislature of the state the enforcement of the 74th Amendment in active across the country and many other members are required to constitute ward in return for power. The Street Vendors Act there was 15% reservation for SC’s, 60% for the Act. (Bengaluru), Amita Bhide, Tata Institute of dedicated to the 74th Amendment, or not?” governments. decision making, operating, and accountability together a letter of promise, which goes mentioned is that the executive powers should to the ward sabhas. So, then the wards start wherein decentralisation is only part of what is more frequent than imagined across the sees in urban governance. It is very much part include those have stakes and the power to may by law determine what shall be the political manifesto and creating a public citizens are expected to participate in the committees, and in the case of West Bengal, provides for an elected Town Vendors ST’s, 27% for OBC, and 50 % for women overall Social Sciences,(Mumbai) and Anand Lakhan, wherein empowerment and eciency go beyond the manifesto to say that this vision be with the elected people. The case is made formulating plans, but it was realized there a happening. There is greater integration with country, and at the heart of this is a of citizenship, imagination of neighbourhood. influence and those who did not. Trade powers of the urban local government, and consciousness. Organizations such as IGSSS movement. It is through sustained resistance women BPL cardholders are required to be in Committee in every municipality, which has a in 15 municipal corporations. Although Therefore, the fundamental questions Housing rights activist (Indore). The agenda of As per the Grant Thorton evaluation study of hand in hand. of democracy which was realized through worse under Smart Cities, where not even in single format prevailing every six months they the global economy and capital circuits with tremendous tension between the city as a The extent to which and the potential of the Unions, workers and the host of actors apart from elected representatives, it provides should collectively put forth a revised draft of that the space of social justice can be the ward committees. Now let us consider 40% reservation of seats to be filled by direct representation could have been better, the discussed were about the changes that have the session was the ways in which the JNNURM which studied 25 states across the housing rights activism, through mohallah single SPV is headed by the mayor. Also, the never attended ward sabhas, and got the respect to the cities. With the 2002 guidelines node to be the heart of all economic growth. 74th Amendment to work is focussed towards including politician’s central to these for representation of MLA’s and MPC’s. Some the Act for consideration by all major political reclaimed. three disadvantaged groups in the city, election. In the case of Delhi Municipal responsibilities of these elected taken place in the urban space in the last 10-15 monopoly of schemes and policies influence country, found that only 8 states had Baindur observed that the process of Model samitis will be realized. This one instance of SPV’s are elitist as they do not answer to the signatures forged. Such mechanisms do exist. for FDI in townships for construction and In Telangana, Hyderabad provides 80% of the urban middle class. The middle class does discussions were excluded. If these actors are of which make the local bodies underlings of parties in the forthcoming election campaign. street-vendors, pourakarmikas, (waste pickers) Corporation, some street vendor leaders were representatives are not confined to one. years, the meaning of old and new the whole experiment of local democracy. transferred all the functions in the 12th Municipal law (MML) which came about in a how bottom-up governance is implemented.” council. It is for this reason that many cities Democratic decentralisation does mean infrastructure, tremendous capital is pulled in the revenue of the state, like a golden goose, not want to interfere in politics if good utilities not present then cannot we imagine a city the state legislatures wherein the state Questions such as reflecting on content and and slum-dwellers. The Ejipura Slum elected, but along with them, were few leaders Similarly, when caste-based reservations are urbanisations to the city and whose vision was Schedule to the ULG’s prior to JNNURM, and period of just six to eight years of the passage opposed the idea because it was an 1) devolving powers to the elected government and there is an integration global market. The and why would the state government want to are supplied. The 74th Amendment was set up development plan, because the competition legislatures and state level political leadership how to move towards it, creating peer network Demolition case in Bangalore involved 900 of ostentatious appearance and personality made, these are not exclusively for the weaker accepted when cities were renewed and Amita Bhide opened the discussion by post-JNNURM 11 states were found to do so. of the 74th Amendment was an idea initiated Panwar started the speech by discussing the encroachment on the democratic process. such as the mayor and council in West Bengal, city is a powerful tool for the state government let go of it, so for instance through this in a time when massive reforms were found is between our cities rather than foreign are very reluctant to give up their powers. in this respect and developing clarity odd people living in multi-storeyed buildings, who were known to splurge for the cause of sections, but for all those who fall into those reorganized. Before the 70’s the primary pointing out the need to discuss schemes was The figures in the case of District Planning by the Ministry of Urban Development, but it changing metamorphosis in the cities, that is Madhya Pradesh and Kerala, but apart from and the central government in this manner. devolution they have created Industrial Area happening and one of the major changes were cities? horizontally and vertically about which collapsed eventually, and these houses the election. On the other hand, in the case of categories. Hence, when the elected function of the urban space was to review a trajectory of schemes, rather than Committees were 11 and 3 more states in the the process which followed very well the changing roles of the city, and these roles Only 0.5% of the total GDP comes from their that it is from the people. There members must Cities are drivers of growth. The idea of Local Authorities.” So, what this means is that municipal financial reforms which is essential The key steps involved in rollout of works responsibilities of institutions should be were given out on rent despite being nominations there were di erent resident representatives from the above stated industrialization, and to convert the ousted focusing on a scheme. The need to discuss pre-JNNURM and post-JNNURM periods illustrates that bi-lateral and multilateral is linked to the neo-liberalist capitalistic order own revenue resources as far as city be empowered to bring in innovations like competition between cities is central to policy the most prosperous parts of the city where for making local bodies or places responsible towards urban governance- considered. uninhabitable by the owners. Despite the groups and civic forums who put out an online categories are found to unable to formulate agrarian population to industrial labour. And this trajectory arises, as they are characterized respectively. With respect to formation of agencies had a major role in how these that we are living in. Some twenty to thirty governments are concerned, but it is not allocating 10% of the total finances to the ward imaginations which is reflected in AMRUT and property taxes are found to be highest, are for their finances, without giving them any • We propose that it is important for CSO to council passing a resolution that both owners advertisement on social media platforms to schemes or agendas particularly for the post globalization cities have transformed as primarily through their approach of these metropolitan planning committees, only West The content of decentralisation that we want is policies can be brought into legislation with years ago, cities and city governments were because of the non-payment of taxes. Land is sabhas. Smart Cities Mission. Bombay competes with areas such as IT parks. It is the state capabilities or capacities for them to become engage in capacity building workshop on • Channelizing the strength votes to demand & tenants should be given homes, half of the call for nominations. One such nomination weaker section. The situation is the case of fertile ground for international capital. So, the schemes to the governance of cities. The key Bengal had done it in the pre-JNNURM states, important. The 74th Amendment by all these hardly any participation by state legislatures at mainly meant to be managers of the city. This thus a major issue and still not with the city Shanghai, and Bangalore competes with government, which is through its channel of politically active agents. The delivery of the gender budgeting and municipal finances. for social audit of municipal body, and monitor land was given to private developer and the filled was a resident from Rajajinagar who filed political parties. Thus, the true objectives of intention of the investors is primarily to junctures that were considered were the 11th and 2 more states were added to this list of schemes is clearly being conjoined to other all. Baindur noted that, “Some of the answers role has changed from city managers to governments, and it is through that land that Finally, in majority of the cities, the entire Smart Singapore, and this notion of competition is so industrial corporations, collecting property Amendment is questionable if it is so designed This will help in a more critical engagement the social justice spending from the municipal other half is reserved only for housing a false case in the Karnataka High Court to the 74th Amendment remain unfulfilled. develop the infrastructure of the cities, so the Finance Commission, JNNURM, Smart Cities, implementing MPC’s. Hence, we see that reforms which needs to be sifted in order to that were received by the people who filed city entrepreneurs. City entrepreneurs are many state governments are playing. In Delhi, Cities ooad is not 14% of the total budget. central to policy vision that then the city is in taxes, and keeping most of those taxes. There to disable places. It is important to understand with city governments, understanding the budgets, focusing on existing tools provided Srinivas stated that while discussing the 74th previous owners. Currently, the tenants have evict street-vendors, accusing them of purpose of urbanization itself has changed. In and the lesser researched case of AMRUT. outcome of even a heavily funded major get a clear picture. For example, community RTI’s in the Ministry, research organisations steppingstones to privatization of cities, and it is Delhi Development Authority (DDA) which The change in paradigms is from city fact a tool for certain kinds of economic logics is a small loophole in the Amendment, what is possible from the act. process of budgeting, how participatory is it on by the 74th Amendment and working to create Amendment it had been clear that none of the been relocated 15 kms away, and the blocking the storm water drain. One of the Currently representation levels of women are such a privatized context there is lesser scope program like JNNURM seems to be an participation law which came via the JNNURM and with certain state governments. The the Smart Cities Mission which is marketed is is the central government. It is pointless unless governance to city entrepreneurship to to be put into motion. On one hand there this provisory to Article 243 Q (1) says that that the ground. This is to also strengthen the democratic space for the marginalized groups panellists believed that any social justice had developer has also mortgaged the land. The ward committees in Whitefield passed a at 52 %, compared to the 10% before 1992. Yet, to demand for right than when cities are run There is a recent trend of central government ine ective method. Thus, it is important to talks about including versions of the Parivartan response to these which was received from but an abject privatization of our cities. He the method to empower financially is passed privatization. Private will only venture where vision of local democracy, a bottom-up state government may declare any area to be The structure of municipal governance is advocacy work and build an analysis of how in the city and creating an ownership among been achieved. The reasons behind this must 74th Amendment seems to have done nothing resolution to evict street vendors and they in this representation is merely a number, as by the citizens. In a privatized space, the idea intervention in all schemes. Urban local think how to e ect decentralisation rather than Law which are visions that are fragmenting the National Institute of Urban Aairs was noted his experience of being a deputy mayor to city governments. Panwar said that, “One of there is a fair amount of profit. Majority of the perspective of the city of what the cities are an industrial township. Looking at places like based on residence such that only a resident much participation of women is important in the sections of relevance areas to focus on. be understood. Changes are required in the to prevent large injustices. Secondly, in the fact got evicted. Thus, urban governance in women representatives still do not have the of share is not taken into consideration, governance is a state subject, and yet since as a campaign of civil society. The first the city rather than talking about a that the Government was only peripherally wherein both factions had to bear with a the suggestions, quite sweepingly made to governments who are not able pay the salaries like, but against them are powerful forces, Jamshedpur which is now an urban of a ward, having a voter id card proving their We need to think about of using the 74th planning and budgeting as this can being Act to enable social, economic and political case of municipal contract workers and other present times is the luxury of a specific class of power to implement. Women are part of with respect to resources and livelihood 1999 the central government has shown question is regarding content is the second is comprehensive, direct democracy or involved in the preparation which is skewed representation as there was no part 10% of the total income tax collected of their employees work as adjuncts of the which the state governments are very aware agglomeration more than a million people address of residence in the ward, would be Amendment as a template wherein the kind of reviewed under the mandate of 74th • As regard to grassroots initiatives and what justice. The preamble also sets forward a such services such as solid waste people. child-care, health, education and sanitation opportunities. This is because global investors increasing interests in the a airs of the city, about method, and how does one move there. bottom-up versions of democracy. The shocking.” Whose law is it anyway? provision for a no-confidence movement. from the cities back to the city governments. state governments because that is seemingly of. There is an interesting anomaly that, in the doesn’t have a municipal corporation. By permitted to speak in the ward, which is not content that needs to be added, deleted or Constitutional Amendment Act 243-W (i) people’s movements are demanding, an vision is to achieve justice, liberty equality and management which are obligatory functions of committees, but excluded from finance are redesigning and reimaging city spaces with the resolution of the 11th Finance The Grant Thorton study, in the case of Odisha, financing of ULDs in a post-GST regime is Panwar stated that there was a scope of That is a huge amount, as 1/3 of the urban the only way. Only 6% growth has taken place West particularly in North America city creating these enclaves, special spaces are the only way people are living in cities, as modified, even at a city scale. Secondly, it is to mentions that the municipalities with powers, awareness program in 6-7 state levels can be fraternity which is impossible without the municipalities, are outsourced to The re-imagination of this Act must happen committees. The participation of women in according to their market purposes. Therefore, Commission. The central government funds revealed that the approach is for the state weak as it is dependent of central and state The mohallah sabhas and samitis as engagement, if adequate intervention was population contribute to 2/3 of the GDP, but in statutory towns, but large-scale growth is governments are powerful enough and are carved out wherein the people are citizens vendors and other actors whose interests as be identified how to move forward and who or responsibilities, authority may necessary developed as many of the states going for achieving social justice. The various laws in the contractors in most cases in the country. In this ground up, but the groundwork of familiarizing slum committees is also nil. There is still no the question of social justice also takes a must be matched the state government funds governments to transfer functions of utilities to governments. Local Bodies cannot be infrastructures envisaged by the 74th taken. While reviewing the 74th Amendment, 90% of the total revenue of the government found to take place in census towns. This is an expected to be entrepreneurial actors. In India, and their government is a private entity. There urban citizens, are not located in one particular what kind of alliances need to be built if we contain provisions for the devolution of state elections and need to see how elected constitution address issues related to caste, case, why was the outsourcing not prevented with these social movements has not been prevalence of a gender budget in the new dimension. The issue of social justice is almost to an equal extent, that which is often the ULG’s, but in a very fragmented way. The empowered without providing adequate Amendment can in fact serve the purposes for using data mainly from states of Madhya comes from the cities. So, the decision to part anomaly, as the growth of the population is not it is in fact the state governments that have is really no way for people who live there to place. It is important to understand who the have a vision for change. powers and responsibilities upon representatives and candidates of gender & religion, but the laws on governance is a pertinent question to ask. Despite the carried out. A high number of individuals municipal council or corporation. Vilas said, disvalued when people from ‘economically not accorded enough importance, and even power to plan cities are not transferred to funding for which di erent ways such as debt which it was intended. One of the problems Pradesh, Himachal Pradesh, Maharashtra, 10% of the total revenue is being practiced in reflected in the state finance commission. taken up that job and the cities governments have a say in the use of those funds at all and residents are and how they are seen, as it municipalities, to prepare of plans for governments address the needs of people’s made in the 74th Amendment are found to be Street Vendors Act Section 3.3 stating that no involved in urban governance are distant from “Even after representation of 52 women in weaker sections’ are not given an equal status the ULG’s are expected generate a certain ULG’s, but the capacities to execute the plan financing (like JNNURM) or reviving and with local democracy, certainly in Bangalore Odisha and Karnataka, the schemes of Scandinavian countries where 30% is Cities thus are in dire need for improving are invariable seen as hurdles in realizing the makes it important to fight for the 74th decides the power claimed by di erent groups The useful features of the 74th Amendment economic development and social justice. organizations. The law per say might not be formulated exclusive of issues of caste, gender street vendors shall be relocated or evicted till the farmer’s movement, the trade union the House, there is a need to run rights with respect to citizenship. There is also the amount of funds. The state government has are transferred the ULG’s. A cadre of ocials is enhancing property taxes should be thought where technocratic elites and trans-national JNNURM, the Rajiv Awas Yojana, under the allocated.” delivery systems and governance, and this is vision of the entrepreneurial city. A study Amendment. of city dwellers in the decision-making are that it makes ULG’s permanent, tenure of e ective with respect to including the clause and religion, which translates similarly on a survey of all street vendors as well as movements, and the Dalit movement. Thus, a movements in Mumbai. The reservation perspective of ‘poverty alleviation’ where such found a bypass where the state government formed who will be based in the local bodies of. The question is to understand space for organizations have taken up the role of Ministry of Housing and Poverty Alleviation, mostly due to the inadequacies and undertaken with Loraine Kennedy, stated that process. The design must be rethought in such the local bodies is assured, that is every five • To create a module for capacity building for of migrant labour into the institutional process ground. For instance, in the case of the registration are done, evictions continue to be coalition of all group in the cities ensuring merely serves as a skill development tool and communities are labelled as beneficiaries, as and local bodies contribute nothing, but in fact but who are in fact transferable across local independent decision-making by ensuring pushing civic agendas is that the prevailing were studied. One of the key assessments that Lastly, about the ward sabhas, the irony is that ineciencies of most city governments, the Greater Municipal Corporation of a case, and maybe we need to acknowledge years’ elections have to conducted to these CSO and ULG’s looking at best practices of the Amendment, but what is provided for in nominations to ward committees in Bangalore, executed. The instance of the mayor of greater diversity in representation to sensitize does not translate into policy level or a burden and exception to the government, pick out revenues from land. All these bodies and will be accountable to the state inclusiveness for the and the adequately view is that this system will benefit people to were made were that there was no clarity the biggest impediment to the Act, was the barring a few, highlighting the enforcement of Hyderabad doesn’t have a vision currently, that all these people are already active in local local bodies, there is pattern of reservation across states, roles and responsibilities the Act are rights which all citizens should the rules states that resident’s association are Bangalore questioning the legality of street about the need to get back the power to the changes in existing schemes.” In one of bastis eating into its budgets. Therefore, social schemes touch upon the implementation of government. So, in addition to commissioners financing local bodies. improve civic facilities in middle class colonies. about the role of ULG’s. The provisions of councillor, because there is a certain budget the Act. and requires one to transform it into a world governments. There are di erent other among the members, there will have to be a mentioned under 74th CAA. Build in collectively usurp. Therefore, the way forward required to register and validate a minimum vendors illustrates this gap in social justice. people is required. This endeavour is to in Mumbai, an area sabha was formed where justice cannot merely be achieved through the the 74th Constitutional Amendment and who are now the bureaucratic chiefs, an This leaves behind those residing in slums and JNNURM puts the ULG’s at par with the that is allocated to the councillor, who in 50% class city. Sood said that, “In Hyderabad, this associations for slum dwellers and traders’ Metropolitan, on District Planning Committee engagement with the city governments in comprises the following steps such as number of years of registration. Resident Srinivas commented, “Therefore, nothing in ensure that people from disadvantaged group basic services have not been fulfilled at all. 74th Amendment. e ecting the transfer of function, functionaries addition of 5 ocials from each portfolio, who Secondly, the democracy in the city is limited shacks who form much of the population of parastatals. The roles of the city are largely to 60% cases are nexus contractors. In Sood stated that it was important to divert our has played out in an interesting way, and it is associations, but we are focussed on the 74th and Ward Committees. Structurally we have order to build linkages in such capacity generating awareness among every citizen Welfare Associations are supposed to be the Act or the rules prevents the widespread get their rights and enjoy equal rights to the As one of the corporators being from a and funds as conditionalities to giving all these are much more accountable to the state to bureaucratic devolution rather than as an India. Moreover, the political representatives undefined, and the attrition of functions is also response, the innovative idea trialled, which attention to the important historical part of what has being tried to trace which is Amendment which it is closely connected to something from municipal corporations at the building programme and facilitate hand about their rights, ensuring that they are not inclusive of all residents in the respective casteist, gendered injustices that are found city as would an individual in a relatively minority category, for the first time in functions. Bhide said that, “There are a lot of government and follow a more homogenised entity with political agency. The claims to the did not take well to the empowerment of the su ered at the hands of parastatals. was not institutionalized and gradually went o conjuncture at which the 74th Constitutional that the state governments have through 27 the issue of property tax. Residents are apex level right down to the ward level, there holding for the same. side-tracked by vested political interests that

are intimidating them and filing court orders for redressal of concerns.

• A lot has been spoken about giving representation to trade unions, migrants and so on. The scope for representation of such people can only be envisioned at the ward levels, but such issues are pan-city. Therefore, there is a need for representation in the Municipal Planning Committees, or as per provision in the Act, they are also expected to consult with such groups while decision making. 3. Social Justice Achieved Only two percent of the ward committees have The panellists, Shaktiman Ghosh, National been instituted in the country so far. There is a Hawkers Federation( Kolkata), Vinay Srinivas, need to democratize and decentralize urban Alternate Law Forum(Bengaluru), and Varsha governance especially when we are Vidya Vilas (Mumbai) discussed the session witnessing municipal bodies are being that was chaired by Rajendra Prabhakaran, sidelined by the PPP Model. The Smart Cities Urban Justice Activist. Cities as it was have been exempt of any interference from conceived in 1992 has undergone change with the existing municipal corporation and will be respect to the actors, especially the marginal administered by a separate corporation for groups such as street-vendors. Prior to the which the Special Purpose Vehicle (SPV) will 70’s, the cities were perceived to be a hotspot not be an elected ocial, but through the of economic and social development. At the secretary for urban department. This has been same time, green revolution forced workers done so that, in the case of demolition of slums out of their villages, into the cities. These for redevelopment activities, the elected communities became unemployed overnight, ocial is not held accountable. 496 cities have as a result of rapidly industrializing urban been accorded the AMRUT status, yet 70% of space that required a di erent technical skill the urban power have been found to reside in set. There was a wave of liberalization, these cities. The contradiction between the privatization, and globalization paralelly e orts informal sector and the governments agenda were taken to strengthen participatory of making rapid growth in GDP, has led to vast democracy through decentralisation. economic inequalities and consequentially Workers here who have been labelled as inequalities related to housing and “unskilled” with the e ects of urbanisation, are infrastructure. The government has only identified as ‘poor’ by the government contributed to this situation, and concepts like schemes despite being the primary Smart Cities do not permit any realization of contributors in creating and sustaining the social justice, and it is the presence of these cities. These communities are doubly economic contradictions which is at the root of alienated in terms of materially and social the government’s need to push the informal deprivation. sector outside the city.

Shaktiman Ghosh opened by discussing about In the Olga Tellis v. Bombay Municipal the shift towards a consumeristic state from Corporation Case Justice Chandrachud stated welfare state. For example, governments’ 2015 that ‘hawking is a right’ resonant in the idea smart cities scheme looked at cities as a that life is livelihood, and even after consumeristic privilege where they chose to introduction of the Street Vendors in 2014, consciously ignore the urban poor citizens. It is most cities are in the process of removing to be questioned whether the state hawkers from the streets. The government government or the central government has the seems to unwilling to accommodate such political will to implement this Act. Recently, groups of people in their vision for the city. The the mayor of Delhi stated the decision to requirements for the city as well as the urban attend a meeting that can only be taken with poor are not taken into consideration by the approval of the municipal commissioner which planners of the city. Ghosh said, “The Urban contradicts the mandate of the 74th Renewal Mission a joint initiative of the Indian Amendment which accords power to the Government & donor organisation, and the elected mayor. Smart Cities Mission all reflect of similar

A Review of 74th Constitutional Amendment Act: A National Level Roundtable exclusionary attitudes. How then can social layouts. Yet, it is often found that the to prevail. Hence, we do not need a tinkering up-scale neighbourhood. Lastly, the preamble Mumbai, and health specific budget was 5. Conclusion heterogeneous in nature, with variation in are a series of institutions which are now made • We propose that as collective of CSO, justice then be achieved in a society where association is exclusive only to people of a of the Act such as mohallah sabhas or ward and the constitution should be put to the right allocated and formulated through public sizes and power to purchase property. It must constitutional institutions with provisions for an academicians, practitioners, elected prominence is given to western standards of certain class, who can influence rules and committees, but we need a fundamental use to reimagine the 74th Amendment. participation. This was done through the What is governance to people? Is it about be thought how the knowledge and these election commission, a finance commission, representatives should start building towards consumption and such actors who make nominations of the ward committees. The rules alteration of the 74th Amendment, to Vilas opined that it was desirable that the administration and the corporators, wherein having “smart” infrastructure, good utilities? Is other forms of being in the city can be brought for local bodies. These are the gains of the a networks of councillors. significant contributions to the city are are devoid of any clause which ensures reimagine the ways our cities are built.” In e orts towards the implementation of the they had to firstly, answer questions posed by, it about having fancy concretisation of city and into the imagination of the city. In the original 74th Constitutional Amendment, but there are excluded?” There is no housing rights diversity and greater participation from addition to this, the chances of a slum Amendment are posed questions. Firstly, with identify and prioritize citizen needs. Therefore, building status quo? Or governance talks city plan for Hyderabad which was in number of things which should have been • A ground-up transformation can be achieved movement to resist and cease unlawful disadvantaged sections of the society in representative winning an election is low respect to participation, when reservation was to achieve, power to and for the people, work about much more than all of these above. It collaboration with several international bodies drafted better, such as the powers of the after studying the status quo and pushing for evictions. Street vendors movements are Karnataka. In Kerala, registered trade union considering the large sums of money pumped, implemented for the first time in Maharashtra, must be directed towards filling the lacunae in goes beyond the material transaction that one set up a matrix of actors in the city which municipal bodies. The legislature of the state the enforcement of the 74th Amendment in active across the country and many other members are required to constitute ward in return for power. The Street Vendors Act there was 15% reservation for SC’s, 60% for the Act. sees in urban governance. It is very much part include those have stakes and the power to may by law determine what shall be the political manifesto and creating a public citizens are expected to participate in the committees, and in the case of West Bengal, provides for an elected Town Vendors ST’s, 27% for OBC, and 50 % for women overall of citizenship, imagination of neighbourhood. influence and those who did not. Trade powers of the urban local government, and consciousness. Organizations such as IGSSS movement. It is through sustained resistance women BPL cardholders are required to be in Committee in every municipality, which has a in 15 municipal corporations. Although Therefore, the fundamental questions The extent to which and the potential of the Unions, workers and the host of actors apart from elected representatives, it provides should collectively put forth a revised draft of that the space of social justice can be the ward committees. Now let us consider 40% reservation of seats to be filled by direct representation could have been better, the discussed were about the changes that have 74th Amendment to work is focussed towards including politician’s central to these for representation of MLA’s and MPC’s. Some the Act for consideration by all major political reclaimed. three disadvantaged groups in the city, election. In the case of Delhi Municipal responsibilities of these elected taken place in the urban space in the last 10-15 the urban middle class. The middle class does discussions were excluded. If these actors are of which make the local bodies underlings of parties in the forthcoming election campaign. street-vendors, pourakarmikas, (waste pickers) Corporation, some street vendor leaders were representatives are not confined to one. years, the meaning of old and new not want to interfere in politics if good utilities not present then cannot we imagine a city the state legislatures wherein the state Questions such as reflecting on content and and slum-dwellers. The Ejipura Slum elected, but along with them, were few leaders Similarly, when caste-based reservations are urbanisations to the city and whose vision was are supplied. The 74th Amendment was set up development plan, because the competition legislatures and state level political leadership how to move towards it, creating peer network Demolition case in Bangalore involved 900 of ostentatious appearance and personality made, these are not exclusively for the weaker accepted when cities were renewed and in a time when massive reforms were found is between our cities rather than foreign are very reluctant to give up their powers. in this respect and developing clarity odd people living in multi-storeyed buildings, who were known to splurge for the cause of sections, but for all those who fall into those reorganized. Before the 70’s the primary happening and one of the major changes were cities? horizontally and vertically about which collapsed eventually, and these houses the election. On the other hand, in the case of categories. Hence, when the elected function of the urban space was municipal financial reforms which is essential The key steps involved in rollout of works responsibilities of institutions should be were given out on rent despite being nominations there were di erent resident representatives from the above stated industrialization, and to convert the ousted for making local bodies or places responsible towards urban governance- considered. uninhabitable by the owners. Despite the groups and civic forums who put out an online categories are found to unable to formulate agrarian population to industrial labour. And for their finances, without giving them any • We propose that it is important for CSO to council passing a resolution that both owners advertisement on social media platforms to schemes or agendas particularly for the post globalization cities have transformed as capabilities or capacities for them to become engage in capacity building workshop on • Channelizing the strength votes to demand & tenants should be given homes, half of the call for nominations. One such nomination weaker section. The situation is the case of fertile ground for international capital. So, the politically active agents. The delivery of the gender budgeting and municipal finances. for social audit of municipal body, and monitor land was given to private developer and the filled was a resident from Rajajinagar who filed political parties. Thus, the true objectives of intention of the investors is primarily to Amendment is questionable if it is so designed This will help in a more critical engagement the social justice spending from the municipal other half is reserved only for housing a false case in the Karnataka High Court to the 74th Amendment remain unfulfilled. develop the infrastructure of the cities, so the to disable places. It is important to understand with city governments, understanding the budgets, focusing on existing tools provided Srinivas stated that while discussing the 74th previous owners. Currently, the tenants have evict street-vendors, accusing them of purpose of urbanization itself has changed. In what is possible from the act. process of budgeting, how participatory is it on by the 74th Amendment and working to create Amendment it had been clear that none of the been relocated 15 kms away, and the blocking the storm water drain. One of the Currently representation levels of women are such a privatized context there is lesser scope the ground. This is to also strengthen the democratic space for the marginalized groups panellists believed that any social justice had developer has also mortgaged the land. The ward committees in Whitefield passed a at 52 %, compared to the 10% before 1992. Yet, to demand for right than when cities are run The structure of municipal governance is advocacy work and build an analysis of how in the city and creating an ownership among been achieved. The reasons behind this must 74th Amendment seems to have done nothing resolution to evict street vendors and they in this representation is merely a number, as by the citizens. In a privatized space, the idea based on residence such that only a resident much participation of women is important in the sections of relevance areas to focus on. be understood. Changes are required in the to prevent large injustices. Secondly, in the fact got evicted. Thus, urban governance in women representatives still do not have the of share is not taken into consideration, of a ward, having a voter id card proving their We need to think about of using the 74th planning and budgeting as this can being Act to enable social, economic and political case of municipal contract workers and other present times is the luxury of a specific class of power to implement. Women are part of with respect to resources and livelihood address of residence in the ward, would be Amendment as a template wherein the kind of reviewed under the mandate of 74th • As regard to grassroots initiatives and what justice. The preamble also sets forward a such services such as solid waste people. child-care, health, education and sanitation opportunities. This is because global investors permitted to speak in the ward, which is not content that needs to be added, deleted or Constitutional Amendment Act 243-W (i) people’s movements are demanding, an vision is to achieve justice, liberty equality and management which are obligatory functions of committees, but excluded from finance are redesigning and reimaging city spaces the only way people are living in cities, as modified, even at a city scale. Secondly, it is to mentions that the municipalities with powers, awareness program in 6-7 state levels can be fraternity which is impossible without the municipalities, are outsourced to The re-imagination of this Act must happen committees. The participation of women in according to their market purposes. Therefore, vendors and other actors whose interests as be identified how to move forward and who or responsibilities, authority may necessary developed as many of the states going for achieving social justice. The various laws in the contractors in most cases in the country. In this ground up, but the groundwork of familiarizing slum committees is also nil. There is still no the question of social justice also takes a urban citizens, are not located in one particular what kind of alliances need to be built if we contain provisions for the devolution of state elections and need to see how elected constitution address issues related to caste, case, why was the outsourcing not prevented with these social movements has not been prevalence of a gender budget in the new dimension. The issue of social justice is place. It is important to understand who the have a vision for change. powers and responsibilities upon representatives and candidates of gender & religion, but the laws on governance is a pertinent question to ask. Despite the carried out. A high number of individuals municipal council or corporation. Vilas said, disvalued when people from ‘economically residents are and how they are seen, as it municipalities, to prepare of plans for governments address the needs of people’s made in the 74th Amendment are found to be Street Vendors Act Section 3.3 stating that no involved in urban governance are distant from “Even after representation of 52 women in weaker sections’ are not given an equal status decides the power claimed by di erent groups The useful features of the 74th Amendment economic development and social justice. organizations. The law per say might not be formulated exclusive of issues of caste, gender street vendors shall be relocated or evicted till the farmer’s movement, the trade union the House, there is a need to run rights with respect to citizenship. There is also the of city dwellers in the decision-making are that it makes ULG’s permanent, tenure of e ective with respect to including the clause and religion, which translates similarly on a survey of all street vendors as well as movements, and the Dalit movement. Thus, a movements in Mumbai. The reservation perspective of ‘poverty alleviation’ where such process. The design must be rethought in such the local bodies is assured, that is every five • To create a module for capacity building for of migrant labour into the institutional process ground. For instance, in the case of the registration are done, evictions continue to be coalition of all group in the cities ensuring merely serves as a skill development tool and communities are labelled as beneficiaries, as a case, and maybe we need to acknowledge years’ elections have to conducted to these CSO and ULG’s looking at best practices of the Amendment, but what is provided for in nominations to ward committees in Bangalore, executed. The instance of the mayor of greater diversity in representation to sensitize does not translate into policy level or a burden and exception to the government, that all these people are already active in local local bodies, there is pattern of reservation across states, roles and responsibilities the Act are rights which all citizens should the rules states that resident’s association are Bangalore questioning the legality of street about the need to get back the power to the changes in existing schemes.” In one of bastis eating into its budgets. Therefore, social governments. There are di erent other among the members, there will have to be a mentioned under 74th CAA. Build in collectively usurp. Therefore, the way forward required to register and validate a minimum vendors illustrates this gap in social justice. people is required. This endeavour is to in Mumbai, an area sabha was formed where justice cannot merely be achieved through the associations for slum dwellers and traders’ Metropolitan, on District Planning Committee engagement with the city governments in comprises the following steps such as number of years of registration. Resident Srinivas commented, “Therefore, nothing in ensure that people from disadvantaged group basic services have not been fulfilled at all. 74th Amendment. associations, but we are focussed on the 74th and Ward Committees. Structurally we have order to build linkages in such capacity generating awareness among every citizen Welfare Associations are supposed to be the Act or the rules prevents the widespread get their rights and enjoy equal rights to the As one of the corporators being from a Amendment which it is closely connected to something from municipal corporations at the building programme and facilitate hand about their rights, ensuring that they are not inclusive of all residents in the respective casteist, gendered injustices that are found city as would an individual in a relatively minority category, for the first time in the issue of property tax. Residents are apex level right down to the ward level, there 28 holding for the same. side-tracked by vested political interests that

are intimidating them and filing court orders for redressal of concerns.

• A lot has been spoken about giving representation to trade unions, migrants and so on. The scope for representation of such people can only be envisioned at the ward levels, but such issues are pan-city. Therefore, there is a need for representation in the Municipal Planning Committees, or as per provision in the Act, they are also expected to consult with such groups while decision making. 3. Social Justice Achieved Only two percent of the ward committees have The panellists, Shaktiman Ghosh, National been instituted in the country so far. There is a Hawkers Federation( Kolkata), Vinay Srinivas, need to democratize and decentralize urban Alternate Law Forum(Bengaluru), and Varsha governance especially when we are Vidya Vilas (Mumbai) discussed the session witnessing municipal bodies are being that was chaired by Rajendra Prabhakaran, sidelined by the PPP Model. The Smart Cities Urban Justice Activist. Cities as it was have been exempt of any interference from conceived in 1992 has undergone change with the existing municipal corporation and will be respect to the actors, especially the marginal administered by a separate corporation for groups such as street-vendors. Prior to the which the Special Purpose Vehicle (SPV) will 70’s, the cities were perceived to be a hotspot not be an elected ocial, but through the of economic and social development. At the secretary for urban department. This has been same time, green revolution forced workers done so that, in the case of demolition of slums out of their villages, into the cities. These for redevelopment activities, the elected communities became unemployed overnight, ocial is not held accountable. 496 cities have as a result of rapidly industrializing urban been accorded the AMRUT status, yet 70% of space that required a di erent technical skill the urban power have been found to reside in set. There was a wave of liberalization, these cities. The contradiction between the privatization, and globalization paralelly e orts informal sector and the governments agenda were taken to strengthen participatory of making rapid growth in GDP, has led to vast democracy through decentralisation. economic inequalities and consequentially Workers here who have been labelled as inequalities related to housing and “unskilled” with the e ects of urbanisation, are infrastructure. The government has only identified as ‘poor’ by the government contributed to this situation, and concepts like schemes despite being the primary Smart Cities do not permit any realization of contributors in creating and sustaining the social justice, and it is the presence of these cities. These communities are doubly economic contradictions which is at the root of alienated in terms of materially and social the government’s need to push the informal deprivation. sector outside the city.

Shaktiman Ghosh opened by discussing about In the Olga Tellis v. Bombay Municipal the shift towards a consumeristic state from Corporation Case Justice Chandrachud stated welfare state. For example, governments’ 2015 that ‘hawking is a right’ resonant in the idea smart cities scheme looked at cities as a that life is livelihood, and even after consumeristic privilege where they chose to introduction of the Street Vendors in 2014, consciously ignore the urban poor citizens. It is most cities are in the process of removing to be questioned whether the state hawkers from the streets. The government government or the central government has the seems to unwilling to accommodate such political will to implement this Act. Recently, groups of people in their vision for the city. The the mayor of Delhi stated the decision to requirements for the city as well as the urban attend a meeting that can only be taken with poor are not taken into consideration by the approval of the municipal commissioner which planners of the city. Ghosh said, “The Urban contradicts the mandate of the 74th Renewal Mission a joint initiative of the Indian Amendment which accords power to the Government & donor organisation, and the elected mayor. Smart Cities Mission all reflect of similar

A Review of 74th Constitutional Amendment Act: A National Level Roundtable exclusionary attitudes. How then can social layouts. Yet, it is often found that the to prevail. Hence, we do not need a tinkering up-scale neighbourhood. Lastly, the preamble Mumbai, and health specific budget was 5. Conclusion heterogeneous in nature, with variation in are a series of institutions which are now made • We propose that as collective of CSO, justice then be achieved in a society where association is exclusive only to people of a of the Act such as mohallah sabhas or ward and the constitution should be put to the right allocated and formulated through public sizes and power to purchase property. It must constitutional institutions with provisions for an academicians, practitioners, elected prominence is given to western standards of certain class, who can influence rules and committees, but we need a fundamental use to reimagine the 74th Amendment. participation. This was done through the What is governance to people? Is it about be thought how the knowledge and these election commission, a finance commission, representatives should start building towards consumption and such actors who make nominations of the ward committees. The rules alteration of the 74th Amendment, to Vilas opined that it was desirable that the administration and the corporators, wherein having “smart” infrastructure, good utilities? Is other forms of being in the city can be brought for local bodies. These are the gains of the a networks of councillors. significant contributions to the city are are devoid of any clause which ensures reimagine the ways our cities are built.” In e orts towards the implementation of the they had to firstly, answer questions posed by, it about having fancy concretisation of city and into the imagination of the city. In the original 74th Constitutional Amendment, but there are excluded?” There is no housing rights diversity and greater participation from addition to this, the chances of a slum Amendment are posed questions. Firstly, with identify and prioritize citizen needs. Therefore, building status quo? Or governance talks city plan for Hyderabad which was in number of things which should have been • A ground-up transformation can be achieved movement to resist and cease unlawful disadvantaged sections of the society in representative winning an election is low respect to participation, when reservation was to achieve, power to and for the people, work about much more than all of these above. It collaboration with several international bodies drafted better, such as the powers of the after studying the status quo and pushing for evictions. Street vendors movements are Karnataka. In Kerala, registered trade union considering the large sums of money pumped, implemented for the first time in Maharashtra, must be directed towards filling the lacunae in goes beyond the material transaction that one set up a matrix of actors in the city which municipal bodies. The legislature of the state the enforcement of the 74th Amendment in active across the country and many other members are required to constitute ward in return for power. The Street Vendors Act there was 15% reservation for SC’s, 60% for the Act. sees in urban governance. It is very much part include those have stakes and the power to may by law determine what shall be the political manifesto and creating a public citizens are expected to participate in the committees, and in the case of West Bengal, provides for an elected Town Vendors ST’s, 27% for OBC, and 50 % for women overall of citizenship, imagination of neighbourhood. influence and those who did not. Trade powers of the urban local government, and consciousness. Organizations such as IGSSS movement. It is through sustained resistance women BPL cardholders are required to be in Committee in every municipality, which has a in 15 municipal corporations. Although Therefore, the fundamental questions The extent to which and the potential of the Unions, workers and the host of actors apart from elected representatives, it provides should collectively put forth a revised draft of that the space of social justice can be the ward committees. Now let us consider 40% reservation of seats to be filled by direct representation could have been better, the discussed were about the changes that have 74th Amendment to work is focussed towards including politician’s central to these for representation of MLA’s and MPC’s. Some the Act for consideration by all major political reclaimed. three disadvantaged groups in the city, election. In the case of Delhi Municipal responsibilities of these elected taken place in the urban space in the last 10-15 the urban middle class. The middle class does discussions were excluded. If these actors are of which make the local bodies underlings of parties in the forthcoming election campaign. street-vendors, pourakarmikas, (waste pickers) Corporation, some street vendor leaders were representatives are not confined to one. years, the meaning of old and new not want to interfere in politics if good utilities not present then cannot we imagine a city the state legislatures wherein the state Questions such as reflecting on content and and slum-dwellers. The Ejipura Slum elected, but along with them, were few leaders Similarly, when caste-based reservations are urbanisations to the city and whose vision was are supplied. The 74th Amendment was set up development plan, because the competition legislatures and state level political leadership how to move towards it, creating peer network Demolition case in Bangalore involved 900 of ostentatious appearance and personality made, these are not exclusively for the weaker accepted when cities were renewed and in a time when massive reforms were found is between our cities rather than foreign are very reluctant to give up their powers. in this respect and developing clarity odd people living in multi-storeyed buildings, who were known to splurge for the cause of sections, but for all those who fall into those reorganized. Before the 70’s the primary happening and one of the major changes were cities? horizontally and vertically about which collapsed eventually, and these houses the election. On the other hand, in the case of categories. Hence, when the elected function of the urban space was municipal financial reforms which is essential The key steps involved in rollout of works responsibilities of institutions should be were given out on rent despite being nominations there were di erent resident representatives from the above stated industrialization, and to convert the ousted for making local bodies or places responsible towards urban governance- considered. uninhabitable by the owners. Despite the groups and civic forums who put out an online categories are found to unable to formulate agrarian population to industrial labour. And for their finances, without giving them any • We propose that it is important for CSO to council passing a resolution that both owners advertisement on social media platforms to schemes or agendas particularly for the post globalization cities have transformed as capabilities or capacities for them to become engage in capacity building workshop on • Channelizing the strength votes to demand & tenants should be given homes, half of the call for nominations. One such nomination weaker section. The situation is the case of fertile ground for international capital. So, the politically active agents. The delivery of the gender budgeting and municipal finances. for social audit of municipal body, and monitor land was given to private developer and the filled was a resident from Rajajinagar who filed political parties. Thus, the true objectives of intention of the investors is primarily to Amendment is questionable if it is so designed This will help in a more critical engagement the social justice spending from the municipal other half is reserved only for housing a false case in the Karnataka High Court to the 74th Amendment remain unfulfilled. develop the infrastructure of the cities, so the to disable places. It is important to understand with city governments, understanding the budgets, focusing on existing tools provided Srinivas stated that while discussing the 74th previous owners. Currently, the tenants have evict street-vendors, accusing them of purpose of urbanization itself has changed. In what is possible from the act. process of budgeting, how participatory is it on by the 74th Amendment and working to create Amendment it had been clear that none of the been relocated 15 kms away, and the blocking the storm water drain. One of the Currently representation levels of women are such a privatized context there is lesser scope the ground. This is to also strengthen the democratic space for the marginalized groups panellists believed that any social justice had developer has also mortgaged the land. The ward committees in Whitefield passed a at 52 %, compared to the 10% before 1992. Yet, to demand for right than when cities are run The structure of municipal governance is advocacy work and build an analysis of how in the city and creating an ownership among been achieved. The reasons behind this must 74th Amendment seems to have done nothing resolution to evict street vendors and they in this representation is merely a number, as by the citizens. In a privatized space, the idea based on residence such that only a resident much participation of women is important in the sections of relevance areas to focus on. be understood. Changes are required in the to prevent large injustices. Secondly, in the fact got evicted. Thus, urban governance in women representatives still do not have the of share is not taken into consideration, of a ward, having a voter id card proving their We need to think about of using the 74th planning and budgeting as this can being Act to enable social, economic and political case of municipal contract workers and other present times is the luxury of a specific class of power to implement. Women are part of with respect to resources and livelihood address of residence in the ward, would be Amendment as a template wherein the kind of reviewed under the mandate of 74th • As regard to grassroots initiatives and what justice. The preamble also sets forward a such services such as solid waste people. child-care, health, education and sanitation opportunities. This is because global investors permitted to speak in the ward, which is not content that needs to be added, deleted or Constitutional Amendment Act 243-W (i) people’s movements are demanding, an vision is to achieve justice, liberty equality and management which are obligatory functions of committees, but excluded from finance are redesigning and reimaging city spaces the only way people are living in cities, as modified, even at a city scale. Secondly, it is to mentions that the municipalities with powers, awareness program in 6-7 state levels can be fraternity which is impossible without the municipalities, are outsourced to The re-imagination of this Act must happen committees. The participation of women in according to their market purposes. Therefore, vendors and other actors whose interests as be identified how to move forward and who or responsibilities, authority may necessary developed as many of the states going for achieving social justice. The various laws in the contractors in most cases in the country. In this ground up, but the groundwork of familiarizing slum committees is also nil. There is still no the question of social justice also takes a urban citizens, are not located in one particular what kind of alliances need to be built if we contain provisions for the devolution of state elections and need to see how elected constitution address issues related to caste, case, why was the outsourcing not prevented with these social movements has not been prevalence of a gender budget in the new dimension. The issue of social justice is place. It is important to understand who the have a vision for change. powers and responsibilities upon representatives and candidates of gender & religion, but the laws on governance is a pertinent question to ask. Despite the carried out. A high number of individuals municipal council or corporation. Vilas said, disvalued when people from ‘economically residents are and how they are seen, as it municipalities, to prepare of plans for governments address the needs of people’s made in the 74th Amendment are found to be Street Vendors Act Section 3.3 stating that no involved in urban governance are distant from “Even after representation of 52 women in weaker sections’ are not given an equal status decides the power claimed by di erent groups The useful features of the 74th Amendment economic development and social justice. organizations. The law per say might not be formulated exclusive of issues of caste, gender street vendors shall be relocated or evicted till the farmer’s movement, the trade union the House, there is a need to run rights with respect to citizenship. There is also the of city dwellers in the decision-making are that it makes ULG’s permanent, tenure of e ective with respect to including the clause and religion, which translates similarly on a survey of all street vendors as well as movements, and the Dalit movement. Thus, a movements in Mumbai. The reservation perspective of ‘poverty alleviation’ where such process. The design must be rethought in such the local bodies is assured, that is every five • To create a module for capacity building for of migrant labour into the institutional process ground. For instance, in the case of the registration are done, evictions continue to be coalition of all group in the cities ensuring merely serves as a skill development tool and communities are labelled as beneficiaries, as a case, and maybe we need to acknowledge years’ elections have to conducted to these CSO and ULG’s looking at best practices of the Amendment, but what is provided for in nominations to ward committees in Bangalore, executed. The instance of the mayor of greater diversity in representation to sensitize does not translate into policy level or a burden and exception to the government, that all these people are already active in local local bodies, there is pattern of reservation across states, roles and responsibilities the Act are rights which all citizens should the rules states that resident’s association are Bangalore questioning the legality of street about the need to get back the power to the changes in existing schemes.” In one of bastis eating into its budgets. Therefore, social governments. There are di erent other among the members, there will have to be a mentioned under 74th CAA. Build in collectively usurp. Therefore, the way forward required to register and validate a minimum vendors illustrates this gap in social justice. people is required. This endeavour is to in Mumbai, an area sabha was formed where justice cannot merely be achieved through the associations for slum dwellers and traders’ Metropolitan, on District Planning Committee engagement with the city governments in comprises the following steps such as number of years of registration. Resident Srinivas commented, “Therefore, nothing in ensure that people from disadvantaged group basic services have not been fulfilled at all. 74th Amendment. associations, but we are focussed on the 74th and Ward Committees. Structurally we have order to build linkages in such capacity generating awareness among every citizen Welfare Associations are supposed to be the Act or the rules prevents the widespread get their rights and enjoy equal rights to the As one of the corporators being from a Amendment which it is closely connected to something from municipal corporations at the building programme and facilitate hand about their rights, ensuring that they are not inclusive of all residents in the respective casteist, gendered injustices that are found city as would an individual in a relatively minority category, for the first time in the issue of property tax. Residents are apex level right down to the ward level, there 29 holding for the same. side-tracked by vested political interests that

are intimidating them and filing court orders for redressal of concerns.

• A lot has been spoken about giving representation to trade unions, migrants and so on. The scope for representation of such people can only be envisioned at the ward levels, but such issues are pan-city. Therefore, there is a need for representation in the Municipal Planning Committees, or as per provision in the Act, they are also expected to consult with such groups while decision making. 5. Conclusion heterogeneous in nature, with variation in are a series of institutions which are now made • We propose that as collective of CSO, sizes and power to purchase property. It must constitutional institutions with provisions for an academicians, practitioners, elected What is governance to people? Is it about be thought how the knowledge and these election commission, a finance commission, representatives should start building towards having “smart” infrastructure, good utilities? Is other forms of being in the city can be brought for local bodies. These are the gains of the a networks of councillors. it about having fancy concretisation of city and into the imagination of the city. In the original 74th Constitutional Amendment, but there are building status quo? Or governance talks city plan for Hyderabad which was in number of things which should have been • A ground-up transformation can be achieved about much more than all of these above. It collaboration with several international bodies drafted better, such as the powers of the after studying the status quo and pushing for goes beyond the material transaction that one set up a matrix of actors in the city which municipal bodies. The legislature of the state the enforcement of the 74th Amendment in sees in urban governance. It is very much part include those have stakes and the power to may by law determine what shall be the political manifesto and creating a public of citizenship, imagination of neighbourhood. influence and those who did not. Trade powers of the urban local government, and consciousness. Organizations such as IGSSS The extent to which and the potential of the Unions, workers and the host of actors apart from elected representatives, it provides should collectively put forth a revised draft of 74th Amendment to work is focussed towards including politician’s central to these for representation of MLA’s and MPC’s. Some the Act for consideration by all major political the urban middle class. The middle class does discussions were excluded. If these actors are of which make the local bodies underlings of parties in the forthcoming election campaign. not want to interfere in politics if good utilities not present then cannot we imagine a city the state legislatures wherein the state Questions such as reflecting on content and are supplied. The 74th Amendment was set up development plan, because the competition legislatures and state level political leadership how to move towards it, creating peer network in a time when massive reforms were found is between our cities rather than foreign are very reluctant to give up their powers. in this respect and developing clarity happening and one of the major changes were cities? horizontally and vertically about municipal financial reforms which is essential The key steps involved in rollout of works responsibilities of institutions should be for making local bodies or places responsible towards urban governance- considered. for their finances, without giving them any • We propose that it is important for CSO to capabilities or capacities for them to become engage in capacity building workshop on • Channelizing the strength votes to demand politically active agents. The delivery of the gender budgeting and municipal finances. for social audit of municipal body, and monitor Amendment is questionable if it is so designed This will help in a more critical engagement the social justice spending from the municipal to disable places. It is important to understand with city governments, understanding the budgets, focusing on existing tools provided what is possible from the act. process of budgeting, how participatory is it on by the 74th Amendment and working to create the ground. This is to also strengthen the democratic space for the marginalized groups The structure of municipal governance is advocacy work and build an analysis of how in the city and creating an ownership among based on residence such that only a resident much participation of women is important in the sections of relevance areas to focus on. of a ward, having a voter id card proving their We need to think about of using the 74th planning and budgeting as this can being address of residence in the ward, would be Amendment as a template wherein the kind of reviewed under the mandate of 74th • As regard to grassroots initiatives and what permitted to speak in the ward, which is not content that needs to be added, deleted or Constitutional Amendment Act 243-W (i) people’s movements are demanding, an the only way people are living in cities, as modified, even at a city scale. Secondly, it is to mentions that the municipalities with powers, awareness program in 6-7 state levels can be vendors and other actors whose interests as be identified how to move forward and who or responsibilities, authority may necessary developed as many of the states going for urban citizens, are not located in one particular what kind of alliances need to be built if we contain provisions for the devolution of state elections and need to see how elected place. It is important to understand who the have a vision for change. powers and responsibilities upon representatives and candidates of residents are and how they are seen, as it municipalities, to prepare of plans for governments address the needs of people’s decides the power claimed by di erent groups The useful features of the 74th Amendment economic development and social justice. organizations. The law per say might not be of city dwellers in the decision-making are that it makes ULG’s permanent, tenure of e ective with respect to including the clause process. The design must be rethought in such the local bodies is assured, that is every five • To create a module for capacity building for of migrant labour into the institutional process a case, and maybe we need to acknowledge years’ elections have to conducted to these CSO and ULG’s looking at best practices of the Amendment, but what is provided for in that all these people are already active in local local bodies, there is pattern of reservation across states, roles and responsibilities the Act are rights which all citizens should governments. There are di erent other among the members, there will have to be a mentioned under 74th CAA. Build in collectively usurp. Therefore, the way forward associations for slum dwellers and traders’ Metropolitan, on District Planning Committee engagement with the city governments in comprises the following steps such as associations, but we are focussed on the 74th and Ward Committees. Structurally we have order to build linkages in such capacity generating awareness among every citizen Amendment which it is closely connected to something from municipal corporations at the building programme and facilitate hand about their rights, ensuring that they are not the issue of property tax. Residents are apex level right down to the ward level, there holding for the same. side-tracked by vested political interests that

A Review of 74th Constitutional Amendment Act: A National Level Roundtable are intimidating them and filing court orders for redressal of concerns.

• A lot has been spoken about giving representation to trade unions, migrants and so on. The scope for representation of such people can only be envisioned at the ward levels, but such issues are pan-city. Therefore, there is a need for representation in the Municipal Planning Committees, or as per provision in the Act, they are also expected to consult with such groups while decision making.

30 5. Conclusion heterogeneous in nature, with variation in are a series of institutions which are now made • We propose that as collective of CSO, sizes and power to purchase property. It must constitutional institutions with provisions for an academicians, practitioners, elected What is governance to people? Is it about be thought how the knowledge and these election commission, a finance commission, representatives should start building towards having “smart” infrastructure, good utilities? Is other forms of being in the city can be brought for local bodies. These are the gains of the a networks of councillors. it about having fancy concretisation of city and into the imagination of the city. In the original 74th Constitutional Amendment, but there are building status quo? Or governance talks city plan for Hyderabad which was in number of things which should have been • A ground-up transformation can be achieved about much more than all of these above. It collaboration with several international bodies drafted better, such as the powers of the after studying the status quo and pushing for goes beyond the material transaction that one set up a matrix of actors in the city which municipal bodies. The legislature of the state the enforcement of the 74th Amendment in sees in urban governance. It is very much part include those have stakes and the power to may by law determine what shall be the political manifesto and creating a public of citizenship, imagination of neighbourhood. influence and those who did not. Trade powers of the urban local government, and consciousness. Organizations such as IGSSS The extent to which and the potential of the Unions, workers and the host of actors apart from elected representatives, it provides should collectively put forth a revised draft of 74th Amendment to work is focussed towards including politician’s central to these for representation of MLA’s and MPC’s. Some the Act for consideration by all major political the urban middle class. The middle class does discussions were excluded. If these actors are of which make the local bodies underlings of parties in the forthcoming election campaign. not want to interfere in politics if good utilities not present then cannot we imagine a city the state legislatures wherein the state Questions such as reflecting on content and are supplied. The 74th Amendment was set up development plan, because the competition legislatures and state level political leadership how to move towards it, creating peer network in a time when massive reforms were found is between our cities rather than foreign are very reluctant to give up their powers. in this respect and developing clarity happening and one of the major changes were cities? horizontally and vertically about municipal financial reforms which is essential The key steps involved in rollout of works responsibilities of institutions should be for making local bodies or places responsible towards urban governance- considered. for their finances, without giving them any • We propose that it is important for CSO to capabilities or capacities for them to become engage in capacity building workshop on • Channelizing the strength votes to demand politically active agents. The delivery of the gender budgeting and municipal finances. for social audit of municipal body, and monitor Amendment is questionable if it is so designed This will help in a more critical engagement the social justice spending from the municipal to disable places. It is important to understand with city governments, understanding the budgets, focusing on existing tools provided what is possible from the act. process of budgeting, how participatory is it on by the 74th Amendment and working to create the ground. This is to also strengthen the democratic space for the marginalized groups The structure of municipal governance is advocacy work and build an analysis of how in the city and creating an ownership among based on residence such that only a resident much participation of women is important in the sections of relevance areas to focus on. of a ward, having a voter id card proving their We need to think about of using the 74th planning and budgeting as this can being address of residence in the ward, would be Amendment as a template wherein the kind of reviewed under the mandate of 74th • As regard to grassroots initiatives and what permitted to speak in the ward, which is not content that needs to be added, deleted or Constitutional Amendment Act 243-W (i) people’s movements are demanding, an the only way people are living in cities, as modified, even at a city scale. Secondly, it is to mentions that the municipalities with powers, awareness program in 6-7 state levels can be vendors and other actors whose interests as be identified how to move forward and who or responsibilities, authority may necessary developed as many of the states going for urban citizens, are not located in one particular what kind of alliances need to be built if we contain provisions for the devolution of state elections and need to see how elected place. It is important to understand who the have a vision for change. powers and responsibilities upon representatives and candidates of residents are and how they are seen, as it municipalities, to prepare of plans for governments address the needs of people’s decides the power claimed by di erent groups The useful features of the 74th Amendment economic development and social justice. organizations. The law per say might not be of city dwellers in the decision-making are that it makes ULG’s permanent, tenure of e ective with respect to including the clause process. The design must be rethought in such the local bodies is assured, that is every five • To create a module for capacity building for of migrant labour into the institutional process a case, and maybe we need to acknowledge years’ elections have to conducted to these CSO and ULG’s looking at best practices of the Amendment, but what is provided for in that all these people are already active in local local bodies, there is pattern of reservation across states, roles and responsibilities the Act are rights which all citizens should governments. There are di erent other among the members, there will have to be a mentioned under 74th CAA. Build in collectively usurp. Therefore, the way forward associations for slum dwellers and traders’ Metropolitan, on District Planning Committee engagement with the city governments in comprises the following steps such as associations, but we are focussed on the 74th and Ward Committees. Structurally we have order to build linkages in such capacity generating awareness among every citizen Amendment which it is closely connected to something from municipal corporations at the building programme and facilitate hand about their rights, ensuring that they are not the issue of property tax. Residents are apex level right down to the ward level, there holding for the same. side-tracked by vested political interests that

A Review of 74th Constitutional Amendment Act: A National Level Roundtable are intimidating them and filing court orders for redressal of concerns.

• A lot has been spoken about giving representation to trade unions, migrants and References so on. The scope for representation of such people can only be envisioned at the ward levels, but such issues are pan-city. Therefore, there is a need for representation in the Idiculla, Mathew. "New Regimes of Private metropolitan governance." Economic and Municipal Planning Committees, or as per Governance." Economic & Political Weekly 51, Political Weekly (2013): 86-94. provision in the Act, they are also expected to no. 17 (2016): 103. consult with such groups while decision Sood, Ashima. "Urban multiplicities: Governing making. Kennedy, Loraine, and Ashima Sood. India's megacities." Economic and Political "Outsourced urban governance as a state Weekly (2013): 95-101. rescaling strategy in Hyderabad, India." Cities 85 (2019): 130-139. Thornton, Grant. "Appraisal of Jawaharlal Nehru National Urban Renewal Mission Pethe, Abhay, and Manju Ghodke. "Funding (JnNURM)." Final Report 1 (2011). Urban Infrastructure: From Government to Markets." Economic and Political Weekly (2002): 2467-2470.

Vaddiraju, Anil Kumar. "Urban governance and right to the city." Economic & Political Weekly 51, no. 32 (2016): 21.

Vaidyanathan, Vivek, and Sujaya Rathi. "Urban Transport Planning in Bengaluru." Economic & Political Weekly 53, no. 16 (2018): 51.

Vachana, V. R. "India’s Cities without Ownership." Economic & Political Weekly 53, no. 39 (2018): 15.

Das, Maumita, and Soumyadip Chattopadhyay. "Strengthening Fiscal Health of Urban Local Bodies." Economic & Political Weekly 53, no. 39 (2018): 53.

Das, Maumita, and Soumyadip Chattopadhyay. "Strengthening Fiscal Health of Urban Local Bodies." Economic & Political Weekly 53, no. 39 (2018): 53.

Sivaramakrishnan, K. C. "Revisiting the 74th 31 Constitutional Amendment for better 5. Conclusion heterogeneous in nature, with variation in are a series of institutions which are now made • We propose that as collective of CSO, sizes and power to purchase property. It must constitutional institutions with provisions for an academicians, practitioners, elected What is governance to people? Is it about be thought how the knowledge and these election commission, a finance commission, representatives should start building towards having “smart” infrastructure, good utilities? Is other forms of being in the city can be brought for local bodies. These are the gains of the a networks of councillors. it about having fancy concretisation of city and into the imagination of the city. In the original 74th Constitutional Amendment, but there are building status quo? Or governance talks city plan for Hyderabad which was in number of things which should have been • A ground-up transformation can be achieved about much more than all of these above. It collaboration with several international bodies drafted better, such as the powers of the after studying the status quo and pushing for goes beyond the material transaction that one set up a matrix of actors in the city which municipal bodies. The legislature of the state the enforcement of the 74th Amendment in sees in urban governance. It is very much part include those have stakes and the power to may by law determine what shall be the political manifesto and creating a public of citizenship, imagination of neighbourhood. influence and those who did not. Trade powers of the urban local government, and consciousness. Organizations such as IGSSS The extent to which and the potential of the Unions, workers and the host of actors apart from elected representatives, it provides should collectively put forth a revised draft of 74th Amendment to work is focussed towards including politician’s central to these for representation of MLA’s and MPC’s. Some the Act for consideration by all major political the urban middle class. The middle class does discussions were excluded. If these actors are of which make the local bodies underlings of parties in the forthcoming election campaign. not want to interfere in politics if good utilities not present then cannot we imagine a city the state legislatures wherein the state Questions such as reflecting on content and are supplied. The 74th Amendment was set up development plan, because the competition legislatures and state level political leadership how to move towards it, creating peer network in a time when massive reforms were found is between our cities rather than foreign are very reluctant to give up their powers. in this respect and developing clarity happening and one of the major changes were cities? horizontally and vertically about municipal financial reforms which is essential The key steps involved in rollout of works responsibilities of institutions should be for making local bodies or places responsible towards urban governance- considered. for their finances, without giving them any • We propose that it is important for CSO to capabilities or capacities for them to become engage in capacity building workshop on • Channelizing the strength votes to demand politically active agents. The delivery of the gender budgeting and municipal finances. for social audit of municipal body, and monitor Amendment is questionable if it is so designed This will help in a more critical engagement the social justice spending from the municipal to disable places. It is important to understand with city governments, understanding the budgets, focusing on existing tools provided what is possible from the act. process of budgeting, how participatory is it on by the 74th Amendment and working to create the ground. This is to also strengthen the democratic space for the marginalized groups The structure of municipal governance is advocacy work and build an analysis of how in the city and creating an ownership among based on residence such that only a resident much participation of women is important in the sections of relevance areas to focus on. of a ward, having a voter id card proving their We need to think about of using the 74th planning and budgeting as this can being address of residence in the ward, would be Amendment as a template wherein the kind of reviewed under the mandate of 74th • As regard to grassroots initiatives and what permitted to speak in the ward, which is not content that needs to be added, deleted or Constitutional Amendment Act 243-W (i) people’s movements are demanding, an the only way people are living in cities, as modified, even at a city scale. Secondly, it is to mentions that the municipalities with powers, awareness program in 6-7 state levels can be vendors and other actors whose interests as be identified how to move forward and who or responsibilities, authority may necessary developed as many of the states going for urban citizens, are not located in one particular what kind of alliances need to be built if we contain provisions for the devolution of state elections and need to see how elected place. It is important to understand who the have a vision for change. powers and responsibilities upon representatives and candidates of residents are and how they are seen, as it municipalities, to prepare of plans for governments address the needs of people’s decides the power claimed by di erent groups The useful features of the 74th Amendment economic development and social justice. organizations. The law per say might not be of city dwellers in the decision-making are that it makes ULG’s permanent, tenure of e ective with respect to including the clause process. The design must be rethought in such the local bodies is assured, that is every five • To create a module for capacity building for of migrant labour into the institutional process a case, and maybe we need to acknowledge years’ elections have to conducted to these CSO and ULG’s looking at best practices of the Amendment, but what is provided for in that all these people are already active in local local bodies, there is pattern of reservation across states, roles and responsibilities the Act are rights which all citizens should governments. There are di erent other among the members, there will have to be a mentioned under 74th CAA. Build in collectively usurp. Therefore, the way forward associations for slum dwellers and traders’ Metropolitan, on District Planning Committee engagement with the city governments in comprises the following steps such as associations, but we are focussed on the 74th and Ward Committees. Structurally we have order to build linkages in such capacity generating awareness among every citizen Amendment which it is closely connected to something from municipal corporations at the building programme and facilitate hand about their rights, ensuring that they are not the issue of property tax. Residents are apex level right down to the ward level, there holding for the same. side-tracked by vested political interests that

A Review of 74th Constitutional Amendment Act: A National Level Roundtable are intimidating them and filing court orders for It is important to delve deeper into the Structure of the consultation redressal of concerns. processes concerning the intent of the We envision this Roundtable as a platform to implementation and keeping track of layered facilitate debate /dialogue between groups • A lot has been spoken about giving legislation, laws, schemes, policies a ecting committed to achieving equitable urban representation to trade unions, migrants and Annexure 74th amendment. In other words, there is a governance. The gathering would include so on. The scope for representation of such wave of new regimes which are creating formal discussions on di erent thematic areas. people can only be envisioned at the ward diversion to the legality of the 74th levels, but such issues are pan-city. Therefore, amendment. The spectrum of legality of 74th is very conveniently twisted and tweaked by there is a need for representation in the Concept Note Constitutional Recognition as 3rd tier of formation of SEZs’, SPVs’ and smart cities etc. Municipal Planning Committees, or as per governance for the very first time. This also These schemes/policies are giving rise to grey provision in the Act, they are also expected to Looking back at 25 years: brought them a range of additional powers areas in understanding of new forms/shapes consult with such groups while decision A review of 74th amendment such as the right to generate revenue and of governance which are unfolding to making. A National Level Round Table duties such as ensuring economic fundamentally forging with 74th excluding development and social justice (as listed in participation of ULBs, creating space for a Organized by Indo- Global the XIIth Schedule). To ensure that the range of parastatal bodies, that are Social Service Society marginalised groups were involved in the jeopardizing the municipal roles and decision making process, reservations for functionaries. Moreover, one such example is 12th and 13th November, 2018 such groups in the elected councils of ULGs article 243Q, which has given leeway to build were provided. To ensure participation and private governance, a ecting the fabric of transparent governance, ward committees Indian cities and has pushed us to critically The need to empower Urban Local were proposed. think: what does this privatisation of Governments (ULGs) and to make them more governance roles and functionaries entail? Are e ective is an ongoing debate since the While State Governments across the country they the alternatives of our municipal roles and 1970’s. Such a need was felt as many ULGs speak of the need for implementation of the functionaries? Do we have the capacity to were dis-functional due to being superseded 74th CAA, enough has not been done to incorporate multiple forms of governance in as well as the lack of financial support by the implement it with few exceptions like Kerala 74th, while knowing the fact that, the respective state governments. There were and West Bengal. TheUnion Government's implementation of basic functionaries such as either delays or no elections of the ULGs in agenda to motivate the States into enforcing forming of election commission, delimitation of contravention to democratic principles. the 74th Constitutional Amendment Act, and wards, devolution of roles and responsibilities participatory governance mechanisms, made has been poor? What happens to the finance In 1992, the 74th Constitutional Amendment the availability of JNNURM funds dependent structure with the new trends coming in? Act (CAA) was passed in Parliament as a on compliance with decentralized governance measure towards devolution of powers and such as the enactment of a (Model) Nagar Raj It is increasingly imperative that we keep decentralisation of urban government through Bill (Community Participation Law) and a Public asking new forms of questions and engage empowering of ULGs. On 20th April 1993, the Disclosure Law. The smart city agenda was with them in order to review our 74th President of India gave his assent to the taken up in 2015 while discussions on amendment and start looking for opportunities Amendment and the 74th Constitutional participatory governance are increasingly to work on the democratic space as promised. Amendment Act (CAA) came into force on 1st being side-lined. Keeping this in mind we wish to bring together June 1993. This was also later approved and people from across India to reflect and passed by 2/3rds of the state legislatures as June 2018 marked 25 years to the passage deliberate on local achievements, challenges conformity legislation in tune with the CAA. of the 74th CAA. It is a shame that apart and modes of working that have had positive State governments had to make necessary from a few States, the law has hardly consequences also discuss on thinking amendments in relevant state Acts within one been implemented. It is the need of the through some alternative ways of engaging year to facilitate implementation of 74th CAA. hour to think through the gap between with 74th amendment. the intent of this legislation and the 32 This Amendment gave the ULGs a implementation. 5. Conclusion heterogeneous in nature, with variation in are a series of institutions which are now made • We propose that as collective of CSO, sizes and power to purchase property. It must constitutional institutions with provisions for an academicians, practitioners, elected What is governance to people? Is it about be thought how the knowledge and these election commission, a finance commission, representatives should start building towards having “smart” infrastructure, good utilities? Is other forms of being in the city can be brought for local bodies. These are the gains of the a networks of councillors. it about having fancy concretisation of city and into the imagination of the city. In the original 74th Constitutional Amendment, but there are building status quo? Or governance talks city plan for Hyderabad which was in number of things which should have been • A ground-up transformation can be achieved about much more than all of these above. It collaboration with several international bodies drafted better, such as the powers of the after studying the status quo and pushing for goes beyond the material transaction that one set up a matrix of actors in the city which municipal bodies. The legislature of the state the enforcement of the 74th Amendment in sees in urban governance. It is very much part include those have stakes and the power to may by law determine what shall be the political manifesto and creating a public of citizenship, imagination of neighbourhood. influence and those who did not. Trade powers of the urban local government, and consciousness. Organizations such as IGSSS The extent to which and the potential of the Unions, workers and the host of actors apart from elected representatives, it provides should collectively put forth a revised draft of 74th Amendment to work is focussed towards including politician’s central to these for representation of MLA’s and MPC’s. Some the Act for consideration by all major political the urban middle class. The middle class does discussions were excluded. If these actors are of which make the local bodies underlings of parties in the forthcoming election campaign. not want to interfere in politics if good utilities not present then cannot we imagine a city the state legislatures wherein the state Questions such as reflecting on content and are supplied. The 74th Amendment was set up development plan, because the competition legislatures and state level political leadership how to move towards it, creating peer network in a time when massive reforms were found is between our cities rather than foreign are very reluctant to give up their powers. in this respect and developing clarity happening and one of the major changes were cities? horizontally and vertically about municipal financial reforms which is essential The key steps involved in rollout of works responsibilities of institutions should be for making local bodies or places responsible towards urban governance- considered. for their finances, without giving them any • We propose that it is important for CSO to capabilities or capacities for them to become engage in capacity building workshop on • Channelizing the strength votes to demand politically active agents. The delivery of the gender budgeting and municipal finances. for social audit of municipal body, and monitor Amendment is questionable if it is so designed This will help in a more critical engagement the social justice spending from the municipal to disable places. It is important to understand with city governments, understanding the budgets, focusing on existing tools provided what is possible from the act. process of budgeting, how participatory is it on by the 74th Amendment and working to create the ground. This is to also strengthen the democratic space for the marginalized groups The structure of municipal governance is advocacy work and build an analysis of how in the city and creating an ownership among based on residence such that only a resident much participation of women is important in the sections of relevance areas to focus on. of a ward, having a voter id card proving their We need to think about of using the 74th planning and budgeting as this can being address of residence in the ward, would be Amendment as a template wherein the kind of reviewed under the mandate of 74th • As regard to grassroots initiatives and what permitted to speak in the ward, which is not content that needs to be added, deleted or Constitutional Amendment Act 243-W (i) people’s movements are demanding, an the only way people are living in cities, as modified, even at a city scale. Secondly, it is to mentions that the municipalities with powers, awareness program in 6-7 state levels can be vendors and other actors whose interests as be identified how to move forward and who or responsibilities, authority may necessary developed as many of the states going for urban citizens, are not located in one particular what kind of alliances need to be built if we contain provisions for the devolution of state elections and need to see how elected place. It is important to understand who the have a vision for change. powers and responsibilities upon representatives and candidates of residents are and how they are seen, as it municipalities, to prepare of plans for governments address the needs of people’s decides the power claimed by di erent groups The useful features of the 74th Amendment economic development and social justice. organizations. The law per say might not be of city dwellers in the decision-making are that it makes ULG’s permanent, tenure of e ective with respect to including the clause process. The design must be rethought in such the local bodies is assured, that is every five • To create a module for capacity building for of migrant labour into the institutional process a case, and maybe we need to acknowledge years’ elections have to conducted to these CSO and ULG’s looking at best practices of the Amendment, but what is provided for in that all these people are already active in local local bodies, there is pattern of reservation across states, roles and responsibilities the Act are rights which all citizens should governments. There are di erent other among the members, there will have to be a mentioned under 74th CAA. Build in collectively usurp. Therefore, the way forward associations for slum dwellers and traders’ Metropolitan, on District Planning Committee engagement with the city governments in comprises the following steps such as associations, but we are focussed on the 74th and Ward Committees. Structurally we have order to build linkages in such capacity generating awareness among every citizen Amendment which it is closely connected to something from municipal corporations at the building programme and facilitate hand about their rights, ensuring that they are not the issue of property tax. Residents are apex level right down to the ward level, there holding for the same. side-tracked by vested political interests that

A Review of 74th Constitutional Amendment Act: A National Level Roundtable are intimidating them and filing court orders for It is important to delve deeper into the Structure of the consultation redressal of concerns. processes concerning the intent of the We envision this Roundtable as a platform to implementation and keeping track of layered facilitate debate /dialogue between groups • A lot has been spoken about giving legislation, laws, schemes, policies a ecting committed to achieving equitable urban representation to trade unions, migrants and 74th amendment. In other words, there is a governance. The gathering would include so on. The scope for representation of such wave of new regimes which are creating formal discussions on di erent thematic areas. people can only be envisioned at the ward diversion to the legality of the 74th levels, but such issues are pan-city. Therefore, amendment. The spectrum of legality of 74th is very conveniently twisted and tweaked by there is a need for representation in the Concept Note Constitutional Recognition as 3rd tier of formation of SEZs’, SPVs’ and smart cities etc. Municipal Planning Committees, or as per governance for the very first time. This also These schemes/policies are giving rise to grey provision in the Act, they are also expected to Looking back at 25 years: brought them a range of additional powers areas in understanding of new forms/shapes consult with such groups while decision A review of 74th amendment such as the right to generate revenue and of governance which are unfolding to making. A National Level Round Table duties such as ensuring economic fundamentally forging with 74th excluding development and social justice (as listed in participation of ULBs, creating space for a Organized by Indo- Global the XIIth Schedule). To ensure that the range of parastatal bodies, that are Social Service Society marginalised groups were involved in the jeopardizing the municipal roles and decision making process, reservations for functionaries. Moreover, one such example is 12th and 13th November, 2018 such groups in the elected councils of ULGs article 243Q, which has given leeway to build were provided. To ensure participation and private governance, a ecting the fabric of transparent governance, ward committees Indian cities and has pushed us to critically The need to empower Urban Local were proposed. think: what does this privatisation of Governments (ULGs) and to make them more governance roles and functionaries entail? Are e ective is an ongoing debate since the While State Governments across the country they the alternatives of our municipal roles and 1970’s. Such a need was felt as many ULGs speak of the need for implementation of the functionaries? Do we have the capacity to were dis-functional due to being superseded 74th CAA, enough has not been done to incorporate multiple forms of governance in as well as the lack of financial support by the implement it with few exceptions like Kerala 74th, while knowing the fact that, the respective state governments. There were and West Bengal. TheUnion Government's implementation of basic functionaries such as either delays or no elections of the ULGs in agenda to motivate the States into enforcing forming of election commission, delimitation of contravention to democratic principles. the 74th Constitutional Amendment Act, and wards, devolution of roles and responsibilities participatory governance mechanisms, made has been poor? What happens to the finance In 1992, the 74th Constitutional Amendment the availability of JNNURM funds dependent structure with the new trends coming in? Act (CAA) was passed in Parliament as a on compliance with decentralized governance measure towards devolution of powers and such as the enactment of a (Model) Nagar Raj It is increasingly imperative that we keep decentralisation of urban government through Bill (Community Participation Law) and a Public asking new forms of questions and engage empowering of ULGs. On 20th April 1993, the Disclosure Law. The smart city agenda was with them in order to review our 74th President of India gave his assent to the taken up in 2015 while discussions on amendment and start looking for opportunities Amendment and the 74th Constitutional participatory governance are increasingly to work on the democratic space as promised. Amendment Act (CAA) came into force on 1st being side-lined. Keeping this in mind we wish to bring together June 1993. This was also later approved and people from across India to reflect and passed by 2/3rds of the state legislatures as June 2018 marked 25 years to the passage deliberate on local achievements, challenges conformity legislation in tune with the CAA. of the 74th CAA. It is a shame that apart and modes of working that have had positive State governments had to make necessary from a few States, the law has hardly consequences also discuss on thinking amendments in relevant state Acts within one been implemented. It is the need of the through some alternative ways of engaging year to facilitate implementation of 74th CAA. hour to think through the gap between with 74th amendment. the intent of this legislation and the 33 This Amendment gave the ULGs a implementation. 5. Conclusion heterogeneous in nature, with variation in are a series of institutions which are now made • We propose that as collective of CSO, sizes and power to purchase property. It must constitutional institutions with provisions for an academicians, practitioners, elected What is governance to people? Is it about be thought how the knowledge and these election commission, a finance commission, representatives should start building towards having “smart” infrastructure, good utilities? Is other forms of being in the city can be brought for local bodies. These are the gains of the a networks of councillors. it about having fancy concretisation of city and into the imagination of the city. In the original 74th Constitutional Amendment, but there are building status quo? Or governance talks city plan for Hyderabad which was in number of things which should have been • A ground-up transformation can be achieved about much more than all of these above. It collaboration with several international bodies drafted better, such as the powers of the after studying the status quo and pushing for goes beyond the material transaction that one set up a matrix of actors in the city which municipal bodies. The legislature of the state the enforcement of the 74th Amendment in sees in urban governance. It is very much part include those have stakes and the power to may by law determine what shall be the political manifesto and creating a public of citizenship, imagination of neighbourhood. influence and those who did not. Trade powers of the urban local government, and consciousness. Organizations such as IGSSS The extent to which and the potential of the Unions, workers and the host of actors apart from elected representatives, it provides should collectively put forth a revised draft of 74th Amendment to work is focussed towards including politician’s central to these for representation of MLA’s and MPC’s. Some the Act for consideration by all major political the urban middle class. The middle class does discussions were excluded. If these actors are of which make the local bodies underlings of parties in the forthcoming election campaign. not want to interfere in politics if good utilities not present then cannot we imagine a city the state legislatures wherein the state Questions such as reflecting on content and are supplied. The 74th Amendment was set up development plan, because the competition legislatures and state level political leadership how to move towards it, creating peer network in a time when massive reforms were found is between our cities rather than foreign are very reluctant to give up their powers. in this respect and developing clarity happening and one of the major changes were cities? horizontally and vertically about municipal financial reforms which is essential The key steps involved in rollout of works responsibilities of institutions should be for making local bodies or places responsible towards urban governance- considered. for their finances, without giving them any • We propose that it is important for CSO to capabilities or capacities for them to become engage in capacity building workshop on • Channelizing the strength votes to demand politically active agents. The delivery of the gender budgeting and municipal finances. for social audit of municipal body, and monitor Amendment is questionable if it is so designed This will help in a more critical engagement the social justice spending from the municipal to disable places. It is important to understand with city governments, understanding the budgets, focusing on existing tools provided what is possible from the act. process of budgeting, how participatory is it on by the 74th Amendment and working to create the ground. This is to also strengthen the democratic space for the marginalized groups The structure of municipal governance is advocacy work and build an analysis of how in the city and creating an ownership among based on residence such that only a resident much participation of women is important in the sections of relevance areas to focus on. of a ward, having a voter id card proving their We need to think about of using the 74th planning and budgeting as this can being address of residence in the ward, would be Amendment as a template wherein the kind of reviewed under the mandate of 74th • As regard to grassroots initiatives and what permitted to speak in the ward, which is not content that needs to be added, deleted or Constitutional Amendment Act 243-W (i) people’s movements are demanding, an the only way people are living in cities, as modified, even at a city scale. Secondly, it is to mentions that the municipalities with powers, awareness program in 6-7 state levels can be vendors and other actors whose interests as be identified how to move forward and who or responsibilities, authority may necessary developed as many of the states going for urban citizens, are not located in one particular what kind of alliances need to be built if we contain provisions for the devolution of state elections and need to see how elected place. It is important to understand who the have a vision for change. powers and responsibilities upon representatives and candidates of residents are and how they are seen, as it municipalities, to prepare of plans for governments address the needs of people’s decides the power claimed by di erent groups The useful features of the 74th Amendment economic development and social justice. organizations. The law per say might not be of city dwellers in the decision-making are that it makes ULG’s permanent, tenure of e ective with respect to including the clause process. The design must be rethought in such the local bodies is assured, that is every five • To create a module for capacity building for of migrant labour into the institutional process a case, and maybe we need to acknowledge years’ elections have to conducted to these CSO and ULG’s looking at best practices of the Amendment, but what is provided for in that all these people are already active in local local bodies, there is pattern of reservation across states, roles and responsibilities the Act are rights which all citizens should governments. There are di erent other among the members, there will have to be a mentioned under 74th CAA. Build in collectively usurp. Therefore, the way forward associations for slum dwellers and traders’ Metropolitan, on District Planning Committee engagement with the city governments in comprises the following steps such as associations, but we are focussed on the 74th and Ward Committees. Structurally we have order to build linkages in such capacity generating awareness among every citizen Amendment which it is closely connected to something from municipal corporations at the building programme and facilitate hand about their rights, ensuring that they are not the issue of property tax. Residents are apex level right down to the ward level, there holding for the same. side-tracked by vested political interests that

A Review of 74th Constitutional Amendment Act: A National Level Roundtable are intimidating them and filing court orders for redressal of concerns.

• A lot has been spoken about giving representation to trade unions, migrants and Thematic Discussions so on. The scope for representation of such people can only be envisioned at the ward levels, but such issues are pan-city. Therefore, there is a need for representation in the DAY 1 realized- in terms of representation? To what Municipal Planning Committees, or as per The Idea of 74th amendment and Current scale has the representation worked or not provision in the Act, they are also expected to status of 74th amendment worked? On substantive point, to what extent consult with such groups while decision What is the core idea behind 74th the Twelfth schedule addresses the social making. amendment? What did it seek to do? How has concerns and has been realized? it transformed over the years? To what extent the spirit of 74th amendment is realized? What are the opportunities and challenges for the DAY 2 same? What is the status of devolution of Interaction of New Schemes/Policies with responsibilities to Urban Local Bodies (ULB)? 74th amendment: What happens to municipal roles and What is the implementation status across responsibilities with commencement of new India? What are the good examples (states) of schemes/policies? How is planning at the ULG 74th CAA? What are the di erent reasons for level impeded by parastatals? How has public not realizing the fundamentals of 74th participation featured in the process of policy amendment? To what extent ULB has financial and decision making? What happens to the power? What is the status and extent of ecosystem of democratic space and multiple devolution of financial power to ULB? What is vested interests with the movement of small happening to the fabric of Indian cities (in representative bodies? How are the local terms of planning, transport, water etc.) with governance system now interacting with state shift in multiple hands of governance? How are and union governments? the networks and services functioning? Way forward, what can be done? Role of Participatory Governance What is the alternative that we wish to script for Mechanisms What is the idea of participatory our governance in Indian cities, what can be democracy? the possible solutions and how should we act How can citizen groups, NGO, CBO engage collectively? What would be the change directly with urban governance? What does required if we want to imagine city the 74th amendment provide for? Do we think governments? To critically think what is ward committees will help us in thinking of beyond 74th? inclusive and democratic spaces? If not, what are the other alternatives? Does area sabha, ward sabha, mohalla sabha seek space in the alternatives or do we need to explore more?

Social Justice achieved: Can/has 74th amendment achieved the aim of 34 social justice? To what extent has it been 5. Conclusion heterogeneous in nature, with variation in are a series of institutions which are now made • We propose that as collective of CSO, sizes and power to purchase property. It must constitutional institutions with provisions for an academicians, practitioners, elected What is governance to people? Is it about be thought how the knowledge and these election commission, a finance commission, representatives should start building towards having “smart” infrastructure, good utilities? Is other forms of being in the city can be brought for local bodies. These are the gains of the a networks of councillors. it about having fancy concretisation of city and into the imagination of the city. In the original 74th Constitutional Amendment, but there are building status quo? Or governance talks city plan for Hyderabad which was in number of things which should have been • A ground-up transformation can be achieved about much more than all of these above. It collaboration with several international bodies drafted better, such as the powers of the after studying the status quo and pushing for goes beyond the material transaction that one set up a matrix of actors in the city which municipal bodies. The legislature of the state the enforcement of the 74th Amendment in sees in urban governance. It is very much part include those have stakes and the power to may by law determine what shall be the political manifesto and creating a public of citizenship, imagination of neighbourhood. influence and those who did not. Trade powers of the urban local government, and consciousness. Organizations such as IGSSS The extent to which and the potential of the Unions, workers and the host of actors apart from elected representatives, it provides should collectively put forth a revised draft of 74th Amendment to work is focussed towards including politician’s central to these for representation of MLA’s and MPC’s. Some the Act for consideration by all major political the urban middle class. The middle class does discussions were excluded. If these actors are of which make the local bodies underlings of parties in the forthcoming election campaign. not want to interfere in politics if good utilities not present then cannot we imagine a city the state legislatures wherein the state Questions such as reflecting on content and are supplied. The 74th Amendment was set up development plan, because the competition legislatures and state level political leadership how to move towards it, creating peer network in a time when massive reforms were found is between our cities rather than foreign are very reluctant to give up their powers. in this respect and developing clarity happening and one of the major changes were cities? horizontally and vertically about municipal financial reforms which is essential The key steps involved in rollout of works responsibilities of institutions should be for making local bodies or places responsible towards urban governance- considered. for their finances, without giving them any • We propose that it is important for CSO to capabilities or capacities for them to become engage in capacity building workshop on • Channelizing the strength votes to demand politically active agents. The delivery of the gender budgeting and municipal finances. for social audit of municipal body, and monitor Amendment is questionable if it is so designed This will help in a more critical engagement the social justice spending from the municipal to disable places. It is important to understand with city governments, understanding the budgets, focusing on existing tools provided what is possible from the act. process of budgeting, how participatory is it on by the 74th Amendment and working to create the ground. This is to also strengthen the democratic space for the marginalized groups The structure of municipal governance is advocacy work and build an analysis of how in the city and creating an ownership among based on residence such that only a resident much participation of women is important in the sections of relevance areas to focus on. of a ward, having a voter id card proving their We need to think about of using the 74th planning and budgeting as this can being address of residence in the ward, would be Amendment as a template wherein the kind of reviewed under the mandate of 74th • As regard to grassroots initiatives and what permitted to speak in the ward, which is not content that needs to be added, deleted or Constitutional Amendment Act 243-W (i) people’s movements are demanding, an the only way people are living in cities, as modified, even at a city scale. Secondly, it is to mentions that the municipalities with powers, awareness program in 6-7 state levels can be vendors and other actors whose interests as be identified how to move forward and who or responsibilities, authority may necessary developed as many of the states going for urban citizens, are not located in one particular what kind of alliances need to be built if we contain provisions for the devolution of state elections and need to see how elected place. It is important to understand who the have a vision for change. powers and responsibilities upon representatives and candidates of residents are and how they are seen, as it municipalities, to prepare of plans for governments address the needs of people’s decides the power claimed by di erent groups The useful features of the 74th Amendment economic development and social justice. organizations. The law per say might not be of city dwellers in the decision-making are that it makes ULG’s permanent, tenure of e ective with respect to including the clause process. The design must be rethought in such the local bodies is assured, that is every five • To create a module for capacity building for of migrant labour into the institutional process a case, and maybe we need to acknowledge years’ elections have to conducted to these CSO and ULG’s looking at best practices of the Amendment, but what is provided for in that all these people are already active in local local bodies, there is pattern of reservation across states, roles and responsibilities the Act are rights which all citizens should governments. There are di erent other among the members, there will have to be a mentioned under 74th CAA. Build in collectively usurp. Therefore, the way forward associations for slum dwellers and traders’ Metropolitan, on District Planning Committee engagement with the city governments in comprises the following steps such as associations, but we are focussed on the 74th and Ward Committees. Structurally we have order to build linkages in such capacity generating awareness among every citizen Amendment which it is closely connected to something from municipal corporations at the building programme and facilitate hand about their rights, ensuring that they are not the issue of property tax. Residents are apex level right down to the ward level, there holding for the same. side-tracked by vested political interests that

are intimidating them and filing court orders for redressal of concerns.

• A lot has been spoken about giving representation to trade unions, migrants and About IGSSS so on. The scope for representation of such people can only be envisioned at the ward levels, but such issues are pan-city. Therefore, there is a need for representation in the Indo-Global Social Service Society (IGSSS) is a Municipal Planning Committees, or as per non-profit organisation working with the provision in the Act, they are also expected to mandate for a humane social order based on consult with such groups while decision truth, justice, freedom and equity. Established in making. 1960, IGSSS works for development, capacity building and enlightenment of the vulnerable communities across the country for their e ective participation in development.

With its presence in 25 states and one Union Territory of India, IGSSS has set its thematic focus on promoting sustainable livelihood, energising the youth as change makers, protecting lives, livelihood and assets from the impact of hazards, advocating for the rights of CityMakers (Urban Poor Residents) and developing cadre of leaders from the community and civil society organisations. Gender and Youth are underlining theme across all its interventions.

Indo-Global Social Service Society 28, Institutional Area, Lodhi Road, New Delhi-110003

Email - [email protected] Tele - 011-45705000 Website - www.igsss.org Facebook - www.facebook.com/igsss Twitter - @igsss