Administrative Law And Urban Governance: A Legal Analysis Of Municipal Corporations In India
- IJLLR Journal
- Nov 10
- 2 min read
Vaishnavi V Shankar & Nishita R, School of Law, Ramaiah University of Applied Sciences
ABSTRACT
Urban governance in India stands at a crucial point where the rapid pace of urbanization has revealed both the potential and fragility of local administrative institutions. This paper provides an in depth analysis of the intersection between administrative law and urban governance, with a distinct focus on the legal, institutional and operational dimensions of municipal corporations. The paper mainly discusses how urban governance is deeply dependent on the strength of administrative law principles, that is, legality, reasonableness, procedural fairness, accountability and transparency applied to the day to day functioning of local bodies.
The paper begins with analysing and tracing the constitutional and statutory evolution of municipal governance in India, emphasizing on the 74th Constitutional Amendment, which sought to institutionalize democratic decentralization. It further analyzes how state municipal laws, delegated legislation and administrative discretion, together, shape the legal authority of municipal corporations. Key emphasis is also laid on judicial interpretation of municipal powers, the use of writ jurisdiction for reviewing municipal actions and the role of administrative law in balancing local autonomy with constitutional oversight. Beyond doctrinal aspects, the paper delves into the practical realities of municipal administration, that is, ranging from bureaucratic inefficiencies and fiscal stress to service delivery deficits in core urban functions such as water supply, waste management, sanitation and urban planning. The paper evaluates the fiscal framework of local governments, exploring issues of vertical fiscal imbalance, weak revenue mobilisation, and the potential of modern financial instruments such as municipal bonds and public- private partnerships and further includes and extends to citizen participation mechanisms, including ward committees and participatory budgeting, that assesses their implementation gaps in ensuring accountability and inclusiveness.
The paper further delves into exploring emerging challenges at the intersection of technology and governance, such as e- governance systems, data driven decision making and privacy implications in smart- city projects, that highlights the necessity for wee structured data governance systems that
is grounded in the principles of administrative law.
Lastly, the paper provides for the possible reformative measures that can be implemented encompassing legal, institutional, fiscal and technological dimensions. It addresses the need to include mechanisms that bridge the gap between citizens and their local governments and conclusively states when administrative law protections are combined with empowered and accountable municipal institutions, provides for the constitution of the foundation of resilient, equitable and democratic governance able to meet the changing demands of the cities of the 21st century.
