Article 243ZE of the Indian Constitution: Constitution of Metropolitan Planning Committees | Kanoon.site
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Article 243ZE of the Indian Constitution: Constitution of Metropolitan Planning Committees

Shorthand Notes: MPC for Metro Areas (>10L pop)

Part IXA of the Indian Constitution, introduced by the 74th Amendment Act, 1992, deals with Municipalities. While Article 243W mandates the devolution of powers and responsibilities to municipalities, effective urban governance requires coordinated planning across a larger urban footprint, especially in rapidly expanding metropolitan regions. Article 243ZE addresses this need by establishing a mechanism for integrated development planning at the metropolitan level.

This article provides for the constitution of Metropolitan Planning Committees (MPCs) in designated metropolitan areas. The primary function of these committees is to consolidate the plans prepared by the Municipalities and the Panchayats in the metropolitan area and prepare a comprehensive draft development plan for the entire region, taking into account shared resources and common interests. This is crucial for addressing challenges like infrastructure development, environmental conservation, and coordinated spatial planning that transcend individual municipal boundaries within a large urban agglomeration.

Original Text

243ZE. Constitution of Committees for Metropolitan Planning.

(1) There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.

(2) The Legislature of a State may, by law, make provision with respect to—

(a) the composition of the Metropolitan Planning Committees; (b) the manner in which the seats in such Committees shall be filled: Provided that not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the population of the Municipalities and the Panchayats in that area; (c) the functions relating to planning and coordination for the Metropolitan area which may be assigned to such Committees; (d) the manner in which the Chairpersons of such Committees shall be chosen.

(3) Every Metropolitan Planning Committee shall, in preparing the draft development plan,—

(a) have regard to— (i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area; (ii) matters of common interest between the Municipalities and the Panchayats, including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation; (iii) the overall objectives and priorities set by the Government of India and the Government of the State; (iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government of the State and other available resources; (b) consult such institutions and organisations as the Governor may, by order, specify.

(4) The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.

Detailed Explanation

Article 243ZE mandates the establishment of a Metropolitan Planning Committee (MPC) in every metropolitan area. A ‘Metropolitan area’ is defined in Article 243P(c) as an area having a population of ten lakhs or more, specified by the Governor by public notification for the purposes of Part IXA.

  1. Mandate (Clause 1): This clause makes it obligatory for every state to constitute an MPC in each of its metropolitan areas. The primary goal is to create a single, integrated draft development plan covering the entire metropolitan region, addressing challenges that go beyond the jurisdiction of individual municipal bodies.
  2. Composition and Selection (Clause 2): This clause empowers the State Legislature to make laws regarding the composition and selection of members for the MPCs. However, it lays down a crucial proviso:
    • Elected Members: At least two-thirds (2/3) of the members must be elected from and by the elected members of the Municipalities and the Chairpersons of the Panchayats within the metropolitan area. This election must be proportional to the population of the Municipalities and Panchayats in that area. This ensures significant representation of local self-government bodies in the planning process.
    • State Discretion: The remaining members (up to one-third) can be included as per the State law, often involving nomination of experts or officials. The State law also determines the total number of members and the process for choosing the Chairperson of the MPC.
  3. Functions in Planning (Clause 3): This clause details the responsibilities of the MPC when preparing the draft development plan:
    • Integrating Local Plans: The MPC must take into account the individual development plans prepared by the Municipalities and Panchayats within the metropolitan area. This ensures bottom-up input.
    • Addressing Common Interests: The plan must specifically address issues of common interest across the region. This includes critical aspects like coordinated land-use planning (spatial planning), equitable distribution and sharing of resources like water, integrated development of regional infrastructure (transport, communication, power), and collective strategies for environmental conservation.
    • Alignment with Higher-Level Plans: The MPC’s plan must align with the overall objectives, priorities, and policies set by both the Central Government and the State Government.
    • Resource Assessment: The Committee must consider the likely investments by Central and State government agencies and other available financial and physical resources when formulating the plan.
    • Consultation: The Governor is empowered to specify institutions and organizations that the MPC must consult during the plan preparation process, ensuring broader participation and technical expertise.
  4. Forwarding the Plan (Clause 4): Once the MPC has prepared the draft development plan and recommended it, the Chairperson of the Committee is responsible for forwarding this plan to the State Government. The State Government then typically reviews, approves, and facilitates the implementation of the metropolitan development plan.

Article 243ZE is a significant step towards ensuring holistic and coordinated development in large urban agglomerations by bringing together urban and rural local bodies under a common planning framework and incorporating expert input and higher-level government priorities.

Detailed Notes

  • Mandate: Constitution of a Metropolitan Planning Committee (MPC) is mandatory in every Metropolitan area.
  • Metropolitan Area: Defined in 243P(c) as area with population of 10 lakhs or more, notified by Governor.
  • Purpose: Prepare a draft development plan for the entire Metropolitan area.
  • Composition (determined by State Law, with proviso):
    • Not less than two-thirds (2/3) members elected by elected members of Municipalities and Chairpersons of Panchayats in the area.
    • Election is proportional to population of Municipalities and Panchayats in the area.
    • Remaining members (up to 1/3) included as per State law (e.g., nominated experts, officials).
  • Chairperson: Chosen in a manner determined by State law.
  • Functions (in preparing draft plan):
    • Must have regard to plans prepared by individual Municipalities and Panchayats.
    • Must address matters of common interest:
      • Co-ordinated spatial planning.
      • Sharing of water/natural resources.
      • Integrated infrastructure development.
      • Environmental conservation.
    • Must align with overall objectives/priorities of Central and State Governments.
    • Must consider likely investments by government agencies and available resources.
    • Must consult specified institutions/organizations (as per Governor’s order).
  • Plan Submission: Chairperson forwards the draft development plan to the State Government.

Additional Comments

  • Article 243ZE, along with Article 243ZD (District Planning Committees), aims to create integrated planning mechanisms at sub-state levels, addressing gaps in planning that exist between state-level plans and local body plans.
  • MPCs are intended to facilitate coordination between multiple Municipal Corporations, Municipalities, and Panchayats that fall within a single metropolitan region, overcoming fragmentation in governance.
  • Despite the constitutional mandate, the functioning and effectiveness of MPCs in India have been varied. Challenges include lack of political will, insufficient powers, inadequate financial resources, lack of technical expertise, and poor coordination between different agencies.
  • The composition ensures representation from both urban (Municipalities) and potentially rural (Panchayats) local bodies within the metropolitan area, recognizing the peri-urban and rural-urban linkages inherent in such regions.
  • The mandatory consultation with specified bodies (Clause 3b) provides scope for involving experts, civil society, and other stakeholders in the planning process, though effectiveness depends on implementation.

Summary

Article 243ZE of the Indian Constitution mandates the establishment of a Metropolitan Planning Committee (MPC) in every metropolitan area, defined as having a population of ten lakhs or more, to prepare a comprehensive draft development plan for the entire region. The composition of the MPC is determined by State law, with a constitutional requirement that at least two-thirds of its members are elected representatives from the Municipalities and Panchayats within the area, proportional to population, ensuring local body involvement. The MPC’s functions include consolidating plans from individual local bodies, addressing common regional concerns like spatial planning, infrastructure, resource sharing, and environmental conservation, aligning with Central and State priorities, and considering available resources. The MPC must also consult specified institutions. The Chairperson of the MPC is responsible for forwarding the finalized draft development plan to the State Government. This article aims to promote integrated and coordinated development planning across large urban agglomerations by bridging the planning efforts of various local self-governments.