Part IXA: The Municipalities
Article 243ZC: Part Not to Apply to Certain Areas
Original Article:
(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.
Explanation:
Article 243ZC exempts Scheduled Areas and Tribal Areas from the provisions of Part IXA, acknowledging their unique governance structures. Additionally, it protects the powers of the Darjeeling Gorkha Hill Council and permits Parliament to extend municipal provisions to these areas with modifications if necessary.
Real-Life Examples:
- Scheduled Areas in Jharkhand and Chhattisgarh continue to operate under the Panchayats (Extension to Scheduled Areas) Act (PESA), ensuring respect for tribal traditions and autonomy.
- The Darjeeling Gorkha Hill Council retains administrative powers distinct from municipal governance to address local needs in the Darjeeling region.
Frequently Asked Questions (FAQs):
These areas have unique socio-cultural and administrative needs, requiring governance structures distinct from urban municipalities.
Parliament can extend these provisions to Scheduled and Tribal Areas by enacting specific laws with necessary exceptions and modifications.
No, it explicitly preserves the Council’s functions and powers, ensuring its autonomy within the Darjeeling hill areas.
Debates and Deliberations:
During discussions on Article 243ZC, members emphasized the need to respect the distinct identities of Scheduled and Tribal Areas. The inclusion of Parliament’s authority to extend provisions with modifications was hailed as a flexible approach to governance.