Part IX & IXA - Panchayats & Municipalities • Article

Article 243M Simplified: Part not to apply to certain areas

Article 243M exempts certain regions from the Panchayat provisions of Part IX. Exempted areas include Fifth Schedule Scheduled Areas, Sixth Schedule Tribal Areas, the states of Nagaland, Meghalaya, and Mizoram, and the hill areas of Manipur and Darjeeling. It also exempts Arunachal Pradesh from SC reservations, and empowers Parliament to extend Part IX to Scheduled Areas via PESA.

Official Text

(1) Nothing in this Part shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas referred to in clause (2), of article 244. (2) Nothing in this Part shall apply to— (a) the States of Nagaland, Meghalaya and Mizoram; (b) the hill areas in the State of Manipur for which District Councils exist under any law for the time being in force. (3) Nothing in this Part— (a) relating to Panchayats at the district level shall apply to the hill areas of the District of Darjeeling in the State of West Bengal for which Darjeeling Gorkha Hill Council exists under any law for the time being in force; (b) shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under such law. [(3A) Nothing in article 243D, relating to reservation of seats for the Scheduled Castes, shall apply to the State of Arunachal Pradesh.] (4) Notwithstanding anything in this Constitution,— (a) the Legislature of a State referred to in sub-clause (a) of clause (2) may, by law, extend this Part to that State, except the areas, if any, referred to in clause (1), if the Legislative Assembly of that State passes a resolution to that effect by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting; (b) Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the tribal areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.

Simple Meaning

Explain Like Ten

Some areas in India have their own ancient tribal councils. This rule protects them by saying the normal village council laws don't automatically apply to them, so they can keep their traditions.

Student Mode

Article 243M lists geographical exemptions from Part IX. It does not apply to: (1) Fifth Schedule Scheduled Areas and Sixth Schedule tribal areas (Article 244), (2) the states of Nagaland, Meghalaya, and Mizoram, (3) hill areas of Manipur, and (4) Darjeeling. It also exempts Arunachal Pradesh from SC reservations. Crucially, clause (4)(b) allows Parliament to extend Part IX to Scheduled Areas with modifications, which was done via the PESA Act in 1996.

Example

To respect traditional tribal governance, Part IX does not automatically apply to Meghalaya. Instead, Parliament passed the PESA Act in 1996 to extend modified local governance provisions to Fifth Schedule Scheduled Areas in other states.

Key Takeaway

Article 243M protects traditional tribal governance systems by exempting specific areas from standard Panchayat rules, while permitting tailored extensions like PESA.

FAQs

Which states are entirely exempted from the general Panchayat provisions under Article 243M?

Nagaland, Meghalaya, and Mizoram are exempted from Part IX.

What is PESA and how does it relate to Article 243M?

The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) is a law passed by Parliament under Article 243M(4)(b) to extend local self-governance to Scheduled Areas while protecting tribal customary laws.

Why is Arunachal Pradesh exempted from Scheduled Caste reservations under Article 243M(3A)?

Arunachal Pradesh is a predominantly tribal state with no indigenous Scheduled Caste population, making SC reservations irrelevant there.

Quiz

Under Article 243M, which of the following states is exempted from the provisions of Part IX?

Answer: Meghalaya

Which act was passed by Parliament to extend Panchayat provisions to Scheduled Areas?

Answer: The PESA Act, 1996