[Urbanstudy] NO BBMP SPLIT TILL 2019

[Vinay Baindur]

http://bangaloremirror.indiatimes.com/bangalore/others/No-BBMP-split-till-2019-Centre/articleshow/55607373.cms


NO BBMP SPLIT TILL 2019: CENTRE
By Atul Chaturvedi, Bangalore Mirror Bureau | Nov 25, 2016, 03.00 AM IST
[image: No BBMP split till 2019: Centre]
*Ministry of home affairs and urban development ministry object to state’s
plan to divide an elected civic agency*

The Union government has thrown a spanner in the Siddaramiah-led Congress
government’s plan to split the BBMP into two or even three civic bodies,
stating that superseding an elected body goes against the basic objectives
of the 74th Amendment to the Constitution and Municipalities Act.

According to the centre, the civic agency can be divided only when the term
of the present council, elected last year, ends in 2019.

However, the state government has objected to this reading of the 74th
Constitutional Amendment Act.

It may be recalled that the Karnataka Municipal Corporations (Amendment)
Bill 2015 had initially been passed by the state assembly on April 20 this
year but was defeated by the council. Then, the assembly passed the bill
again and it was sent it to Governor Vajubhai Vala for his assent. Later it
was sent for president’s assent.

The judicial division of ministry of home affairs has objected to the state
government’s bill and has asked for explanation which was sent to Karnataka
secretariat in June 2016, but the government has delayed it by almost five
months

More than 13 points of objections have been raised by both the ministry of
home affairs and ministry of urban development (MoUD).

The MoUD’s comment on splitting BBMP reads: “The objective of the 74th
Constututional Amendment Act is to make municipalities strong, effective
and vibrant democratic institutions of local self-governance. This is to be
achieved by way of ensuring regular elections, avoiding of supersession of
elected municipalities and adequate devolution of powers and functions.
However, by superseding an elected body for the purpose of altering its
very structure goes against the basic objectives of the 74th CAA.”

Interestingly, the MoUD had earlier stated that the proposed bill was
against the spirit of 74th Amendment of the Constitution of India which
strengthens urban local bodies. However, the state government had countered
the MoUD’s response, stating, “The averment is completely unfounded. The
bill is constitutionally sound and upholds the 74th CAA in letter and
spirit and all clauses of the bill conform to it. It is not clear from
MoUD’s response how the bill is not constitutionally invalid as it has not
given explanation as to how the bill violates the 74th CAA or any part of
the constitution.” The MoUD’s says the proposed bill creates a vacuum by
dissolving the elected local body and appointing an administrator by the
government with all the powers and duties of the corporation as well as of
the standing committees (Clause 14). Similarly clause 19 provides for
appointment of an advisory committee of 15 to 25 persons to assist the
administrator who will also be nominated persons instead of elected persons.

The state government says that the appointment of administrator is an
interim measure for six months to see through the transition of BBMP from a
single corporation to multiple corporations. In the absence of such an
institutional architecture, there would be chaos during the phase of the
reconstitution of BBMP. “The appointment of administrator for six months
upon the dissolution of the corporations is in accordance with article 243U
of the 74th CAA is analogous to municipal laws across the country,”
Karnataka government says.

The MoUD feels that the 74th CAA provides for duration of a municipality
for five years. “Splitting it into more parts can be achieved without
superseding/dissolving it. More so, it has been recently constituted and
reflects the will/mandate of the people. Splitting of BBMP alters its very
structure and it is imperative that it has a say in the matter,” it reads.

It is said that the additional chief secretary Mahendra Jain had a meeting
with BBMP commissioner N Manjunatha Prasad and other officials in Belgavi.
The discussion was held to send a detailed reply to the union government.




























*‘Consider Delhi as a role model’The ministry of urban development says
that since the trifurcation of Municipal Corporation of Delhi has already
taken place some time back, it is advisable that the government of
Karnataka consider studying the benefits of trifurcation as regards
resource enhancement, employee relocation and improvement in citizen
services. “Delhi model will be very useful for the government of Karnataka
to take a view regarding the impact of splitting of large municipal
corporations. Further, division of a large metropolitan area or a city into
multiple independent and autonomous urban local bodies may lead to issues
in the area of coordination for providing citizen services like water
supply, sewerage, street lights, slum developments etc. This may, in turn,
lead to rise of para-statals bodies like Jal Board, Sewerage Board, Slum
rehabilitations boards. These bodies are generally outside the control of
ULBs. This may result in further weakening of responsibilities and
authority of ULBs and likely to be against the spirit of 74th
constitutional amendment Act,” the ministry of urban development said.To
and fro between state and centreIt is observed that the bill will create a
six months transition period of administrator’s rule with no elected body
in place. There is a precedent available in the case of trifurcation of
Delhi Municipal Corporation through the Delhi Municipal Corporation
(amendment) Act 2011, where all the details of new ULB’s with Delhi like
name, area limits were indicated in the act itself and there was no
requirement of an interim period of administrator’s rule.Even after
election, there is no legal bar to dissolution and reconstitution of the
corporation as long as elections are held within six months of date of the
dissolution. Hence the bill is not against publicinterest or violative of
any law.This is not an ideal precedent for Bengaluru to follow. The Bill
provides for the areas of the new corporation to be provided under a public
notification issued by Governor.The government has not taken a final
decision on the jurisdiction of the new corporations and is considering the
suggestion of the report of the expert committee on BBMP restructuring
which as suggested, the number of the wards and zones in the present BBMP
areas needs to be increased and the boundaries redrawn.Hence, unlike the
case of Delhi, the government cannot issue names of the wards and zones in
the bill itself since these are also likely to change.An elected
municipality is constitutionally mandated by 74 Constitiutional Amendment
Act and a move to supersede/dissolve an elected council, for the purpose of
altering its own structure violates the very spirit of 74th CAA.Splitting
of municipalities involves redrawing of boundaries of wards; providing
functions and taxation powers; arrangements for revenue sharing.The
Karnataka government has itself admitted that a final decision on the
jurisdiction of the proposed new municipalities is yet to be taken.This is
a long drawn technical and administrative process which demands that
definite plan is in place beforehand, rather keeping it open ended through
the present bill, and may take more than six months.The ministry opposes
the proposal of a long period of absence of an elected body.*
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