Part IX & IXA - Panchayats & Municipalities • Article

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

Article 243ZC specifies areas where the municipal rules of Part IXA do not apply automatically. These include Scheduled Areas and Tribal Areas under Article 244, and the hill areas of Darjeeling (governed by the Darjeeling Gorkha Hill Council). However, it empowers Parliament to extend these municipal rules to Scheduled and Tribal Areas by law, with custom modifications, without it being considered a constitutional amendment.

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 be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under any law for the time being in force for the hill areas of the district of Darjeeling in the State of West Bengal. (3) Notwithstanding anything in this Constitution, 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

This rule says that standard city council laws don't apply to special tribal or backward areas (like in Northeast India). These areas have their own traditional rules to protect their culture, though Parliament can make custom city rules for them if needed.

Student Mode

Article 243ZC outlines the geographical exemptions to Part IXA. It explicitly states that these provisions do not apply to (1) Scheduled Areas (Article 244(1)) and Tribal Areas (Article 244(2)), and (2) the Darjeeling Gorkha Hill Council in West Bengal. Crucially, clause (3) authorizes Parliament to pass laws extending municipal provisions to Scheduled and Tribal Areas with custom exceptions and modifications. Such a parliamentary law is specifically declared not to be a constitutional amendment under Article 368.

Example

The municipal provisions of Part IXA do not apply to the tribal regions of Meghalaya or Nagaland, or the hill tracts of Darjeeling. If Parliament wishes to introduce similar urban municipal governance in Scheduled Areas of Jharkhand, it must pass a specific central law (similar to PESA for Panchayats) under Article 243ZC(3).

Key Takeaway

Article 243ZC protects tribal and scheduled areas from automatic imposition of general urban local body rules, preserving their autonomous administrative models while leaving room for custom parliamentary laws.

FAQs

Does Part IXA automatically apply to Scheduled and Tribal Areas?

No. Article 243ZC(1) explicitly excludes Scheduled Areas and Tribal Areas referred to in Article 244 from the municipal provisions.

How can municipal governance be extended to Scheduled Areas?

Under Article 243ZC(3), Parliament may by law extend the municipal provisions to Scheduled and Tribal Areas subject to exceptions and modifications, similar to the PESA Act for Panchayats.

Quiz

Which special hill body's powers and functions are protected from being affected by Part IXA under Article 243ZC?

Answer: The Darjeeling Gorkha Hill Council

A law made by Parliament under Article 243ZC to extend municipal provisions to Scheduled Areas:

Answer: Is not deemed to be an amendment of the Constitution under Article 368