Article 243M of the Indian Constitution

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Article 243M of the Indian Constitution

Article 243M of the Indian Constitution

Article 243M of the Indian Constitution deals with the applicability and non-applicability of Part IX (The Panchayats) to certain areas and states

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(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.


Explanation of Article 243M of the Indian Constitution

Article 243M of the Indian Constitution deals with the applicability and non-applicability of Part IX (The Panchayats) to certain areas and states. Here’s an explanation of the provisions of this article:

  1. Part IX shall not apply to the Scheduled Areas referred to in Article 244(1) and the tribal areas referred to in Article 244(2).
  2. Part IX shall not apply to:
    1. The states of Nagaland, Meghalaya, and Mizoram.
    2. The hill areas in the state of Manipur for which District Councils exist.
  3. Part IX relating to Panchayats at the district level shall not apply to the hill areas of the Darjeeling district in West Bengal, where the Darjeeling Gorkha Hill Council exists. The provisions of Part IX shall not affect the functions and powers of the Darjeeling Gorkha Hill Council.
    1. The provision relating to reservation of seats for Scheduled Castes in Article 243D shall not apply to the state of Arunachal Pradesh.
  4. Notwithstanding anything in the Constitution:
    1. The legislature of a state mentioned in clause (2)(a) (Nagaland, Meghalaya, Mizoram) may, by law, extend the provisions of Part IX to that state, except the areas mentioned in clause (1), if the legislative assembly passes a resolution by a majority of the total membership and by a majority of not less than two-thirds of the members present and voting.
    2. Parliament may, by law, extend the provisions of Part IX to the Scheduled Areas and tribal areas mentioned in clause (1), subject to such exceptions and modifications as may be specified in such law. Such a law shall not be deemed to be an amendment of the Constitution for the purposes of Article 368 (the amendment procedure).

In essence, Article 243M provides exceptions and flexibility regarding the applicability of Part IX (Panchayati Raj system) to certain areas and states with significant tribal populations or special administrative arrangements, while also allowing for the future extension of these provisions through legislative action.

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