Part not to apply to certain areas
Article 243M — Part not to apply to certain areas
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.
Plain English Summary
This article specifies which parts of the Constitution, particularly those related to tribal areas and Scheduled Areas, do not apply to certain specific states or hill areas. It allows the Legislature of a state with existing District Councils to extend these provisions to that state, subject to certain conditions.
Key Points
- Article 243M applies to Scheduled Areas and tribal areas mentioned in Article 244.
- It explicitly excludes the States of Nagaland, Meghalaya, and Mizoram, and hill areas in Manipur where District Councils exist.
- It also specifies that provisions related to Panchayats at the district level do not apply to certain hill areas in West Bengal with existing Hill Councils.
- The Legislature of a state can extend this Part to its state by law, provided specific majority requirements are met.
Why It Matters
This article ensures that constitutional provisions regarding tribal and Scheduled Areas are applied selectively, respecting the existing administrative structures like District Councils in certain regions.
Landmark Judgements
No major landmark judgements.