Article 243M of Constitution of India – Part not to apply to certain areas
Article 243M of Constitution of India deals with Part not to apply to certain areas
Original Text of Article 243M of Constitution of India
(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.
Questions related to Article 243M of Constitution of India
Article 243M(1) of the Constitution of India exempts Scheduled and tribal areas from the application of Part IX, which pertains to Panchayati Raj institutions. This exemption acknowledges the unique administrative and cultural aspects of these regions, allowing for governance structures that are more attuned to their specific needs.
Under Article 243M(2)(a) of the Indian Constitution, the states of Nagaland, Meghalaya, and Mizoram are exempted from the provisions of Part IX, which relate to Panchayati Raj institutions. This exemption allows these states to maintain their traditional forms of local governance, which are more suited to their unique cultural and administrative contexts.
Yes, Article 243M(4) provides a mechanism for extending the provisions of Part IX to areas that are otherwise exempted. This can be done if the legislative assembly of the concerned state passes a resolution by a majority of its total membership and by a majority of not less than two-thirds of the members present and voting. Additionally, Parliament has the authority to extend these provisions to Scheduled and tribal areas through legislation, subject to exceptions and modifications as specified in such laws.
Article 243M(3)(a) specifies that the provisions related to Panchayats at the district level do not apply to the hill areas of the Darjeeling district in West Bengal, where the Darjeeling Gorkha Hill Council operates under specific laws. This ensures that local governance in Darjeeling aligns with the unique needs and aspirations of its residents, maintaining the functions and powers of the Darjeeling Gorkha Hill Council as defined by existing legislation.
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