The Greater Bengaluru Governance Bill, 2024 (GBG) was tabled at the Karnataka Legislative Assembly on July 23rd. It outlines a three-tier structure to govern Bengaluru: A new body called the Greater Bengaluru Authority (GBA) for coordinating and supervising the development of the Greater Bengaluru Area; ward committees as basic units of urban governance and to facilitate community participation; and ten City Corporations in the Greater Bengaluru Area for effective, participatory and responsive governance.
However, the Bill has been criticised by several groups and urban practitioners for being in contravention of the 74th Constitutional Amendment, which decentralises power to lower levels of government.
![BBMP Office](https://images.citizenmatters.in/wp-content/uploads-new/2024/03/PXL_20231208_061916182-1024x768.jpg?strip=all&lossy=1&ssl=1)
Background
In 2014, a three-member expert committee called the BBMP Restructuring Committee, was set up to study and recommend to the State Government how to restructure the governance of Bengaluru, including the BBMP and other parastatals. They came up with the draft Greater Bengaluru Governance Bill, 2018.
In August 2023, this Committee was reconstituted with an additional committee member and was renamed as the ‘Brand Bengaluru Committee’. The findings of the Committee over a five year period (2014-2018 and 2023-2024) were collated in the Brand Bengaluru Committee Greater Bengaluru Governance Bill in July 2024.
This was seen as an alternative to the BBMP Act 2020 passed by the earlier BJP government.
- Read about BBMP Act 2020: Karnataka’s new municipal law tightens Govt grip on BBMP
However, the tabled Bill tabled in the Karnataka Assembly has major departures from Brand Bengaluru Committee’s Greater Bengaluru Governance Bill.
In any case, bringing in another piece of legislation bill and then taking time to implement it, if and after it is passed by the Assembly, is only going to postpone the long pending BBMP elections, which perhaps is the greatest need of the hour.
Read more: BBMP Council election: “As history repeats itself, citizens are paying the price”
Differences between the tabled GBG & Brand Bengaluru Committee GBG
Mayor-in-Council vs Standing Committees
Brand Bengaluru GBG Bill: One of the issues highlighted with the BBMP Act 2020, is that under it, both the elected Mayor and the Commissioner are vested with executive functions. It is stated: “While the Mayor is responsible for approving contracts and preparing budgets, the chief and zonal commissioners are vested with a wider set of executive functions. Hence, there is lack of clarity on who has executive powers and on the reporting relationship.”
“The Brand Bengaluru Committee’s GBG Bill avoids such confusion by clearly vesting the executive powers of the Municipal Corporation in the Mayor-in-Council, a cabinet-type body consisting of a maximum of 12 elected members from the Municipal Corporation.”
Tabled GBG Bill: There is no mention of a Mayor-in-Council while Standing Committees have been retained
Implications: This is problematic since the Standing Committees, a failed model of the past, have collective leadership with not much accountability whereas the Mayor-in-Council can be held accountable.
Ward committees
Brand Bengaluru Committee GBG Bill: It mentions extensive functions of the ward committees. It suggests that each ward will have a Ward Committee, comprising 20 members, 10 of whom are elected based on proportional representation reflecting the party vote share in the municipal elections (every 10% vote share gets one representative) and the other half nominated from a wide spectrum of civil society groups, ranging from RWAs to slum groups. It also suggests that 25%-50% incremental property tax, arising from past arrears and under-assessed properties, be retained by the ward committee.
Tabled GBG Bill: There is no mention about how nominations to the ward committees will be done and their functions are more limited. The scope to retain a part of the incremental property tax has been dropped.
Issues with the Greater Bengaluru Authority (GBA)
There are several critical departures from the functions of the GBA between the Brand Bengaluru Committee GBG and the tabled GBG.
Brand Bengaluru Committee GBG Bill: A detailed planning function of the GBA has been outlined. Additonally, it mentions that the functions of GBA include planning, integrating, and co-ordinating. It, however, does not mention any executive powers of the GBA.
Tabled GBG Bill: There is no mention of GBA’s planning function. Also, the GBA has been vested with executive powers.
The Bill also states: “Such percentage of the revenues of the City Corporations within the Greater Bengaluru Area shall accrue to the Greater Bengaluru Authority as recommended by the Government.”
Implications: The GBA is pointless without the planning function. Its absence defeats the basic rationale for the GBA. What will the GBA co-ordinate and supervise if it is not the master planner?
Also, it being vested with executive powers of the Corporation is in contravention of the 74th Amendment. Executive functions should instead rest with the existing institutions. Another major point of contention is that the state cannot touch the corporation’s revenue.
Read more: Open letter to Deputy CM: Reconsider BBMP’s proposed restructuring
The Greater Bengaluru Authority members
- The Chief Minister as the Chairperson
- The Minister in charge of Bengaluru Development, as the Vice-Chairperson
- The Chief Commissioner of GBA- Member Secretary
- The Minister in charge of Home Affairs
- The Minister in charge of Urban Development
- The Minister in charge of Transport
- The Minister in charge of Energy
- The Ministers in the State Government representing the legislature constituencies in the Greater Bengaluru Area
- The Mayors of the City Corporations within the Greater Bengaluru Area
- Two Members from each City Corporations within the Greater Bengaluru Area nominated by the City Corporation
- The Commissioner, Bangalore Development Authority
- The Chairman, Bangalore Water Supply and Sewerage Board
- The Managing Director, Bangalore Metropolitan Transport Corporation
- The Managing Director, Bangalore Metro Rail Corporation
- The Managing Director, Bangalore Electricity Supply Company Limited
- The Commissioner of Police, Bengaluru City
- The Chief Executive Officer, Bengaluru Metropolitan Land Transport Authority
- The Managing Director, Bengaluru Solid Waste Management Limited
- The Chief Town planner, the Greater Bengaluru Authority
- Engineer in Chief, the Greater Bengaluru Authority
- The Director, Karnataka State Fire and Emergency Services
- The Commissioners of the City Corporations in the Greater Bengaluru Area shall be ex-officio members of the Greater Bengaluru Authority but shall not have the right to vote.
- All the members of the House of the People and the State Legislative Assembly whose constituencies lie within or substantially within the Greater Bengaluru Area shall be permanent invitees to the GBA and may attend the meetings but shall not have the right to vote.
- The executive heads of Department of Urban Land Transport, Bangalore Traffic Police, Karnataka Rail Infrastructure Development Enterprises Limited, Karnataka Tank Conservation and Development Authority, Karnataka State Disaster Management Authority and the Karnataka Slum Development Board and any other officer of any agency or department of the Government discharging municipal functions in the Greater Bengaluru Area as the Government may specify, shall be special invitees to the GBA and may attend the meetings but shall not have the right to vote
- Chief Commissioner of Greater Bengaluru Authority.- The State Government shall appoint an officer not below the rank of the Additional Chief Secretary to Government, as the Chief Commissioner of the GBA
The composition of the GBA, therefore, is essentially bureaucratic, with no representation from democratically elected members of the Council(s).
While there has been no formal public consultation, or invitation of comments from citizens of Bengaluru, we request and urge all readers to go through the Bill(s) and share their thoughts, concerns and questions. You can comment below, or write to us at edit@citizenmatters.in
The Parliament added Part IX A to the Constitution through the Constitution (Seventy Fourth Amendment) Act, 1992. It was enacted in 1993 to constitutionally recognise the urban local bodies as the third tier of the federal governance system in India next, to the Union and the State Governments. Accordingly, the Local bodies are governments by themselves within their jurisdiction. Therefore, a big question is whether the proposed Greater Bengaluru Authority, a nominated body can be the key to the city governance. Hence the proposed GBA may be construed unconstitutional. The Constitution provides for a two-tier governance system, the City Council, the first tier at the city level, and the Ward Committee, the second tier at the ward level and both are elected bodies. The two-tier system was created based on the recommendation of the National Urban Commission on Urbanisation, in 1987 to take urban governance closer to the people and make it more effective. It may not be possible for a State Law to impinge the Constitution. Therefore, the Karnataka Government may have second thoughts on the formation of the GBA.