Article 243-M

Article 243-M of the Constitution of India forms an integral part of Part IX, which deals with the Panchayati Raj system. This article provides special exemptions and exceptions to the general applicability of Part IX in certain regions and communities. It ensures that the introduction of Panchayati Raj does not interfere with the distinct socio-political structures, cultural traditions, and administrative arrangements existing in specific areas such as Scheduled Areas, tribal regions, and certain hill states.

Background and Constitutional Context

The 73rd Constitutional Amendment Act, 1992, inserted Part IX into the Constitution, giving constitutional status to Panchayati Raj Institutions (PRIs). However, India’s territorial and cultural diversity required differentiated governance frameworks for specific regions, particularly those inhabited by tribal and indigenous populations.
Article 243-M was thus incorporated to safeguard regional autonomy and respect traditional self-governing mechanisms in these areas. It balances the goal of democratic decentralisation with the need to preserve customary governance systems and ethnic distinctiveness.

Exclusion of Scheduled and Tribal Areas

Under Clause (1) of Article 243-M, the provisions of Part IX do not apply to:

• Scheduled Areas, as defined under Article 244(1), which are governed by the Fifth Schedule of the Constitution.
• Tribal Areas, as defined under Article 244(2), which are governed by the Sixth Schedule.

These areas are primarily inhabited by Scheduled Tribes and possess distinct socio-cultural and administrative systems. The Fifth and Sixth Schedules already provide for autonomous governance through Tribal Advisory Councils and District Councils, respectively.
By excluding them from the ambit of Part IX, Article 243-M prevents overlapping administrative systems and preserves the autonomy of tribal self-governance institutions.

Exemptions for Specific States and Regions

Clause (2) of Article 243-M excludes certain states and regions from the application of Part IX due to their unique historical and administrative arrangements. These include:

• The States of Nagaland, Meghalaya, and Mizoram, which possess strong traditional village institutions and autonomous district councils under the Sixth Schedule.
• Hill areas in the State of Manipur, where District Councils already exist under special constitutional provisions.

These regions have long-standing community-based decision-making systems, and therefore, the imposition of the standard Panchayati Raj framework is neither practical nor necessary.

District-Level Exemption: Darjeeling Hill Area

Clause (3) of Article 243-M specifically excludes the hill areas of Darjeeling district in West Bengal from the application of Part IX. The region is governed by the Darjeeling Gorkha Hill Council (DGHC), which enjoys special administrative powers.
This clause safeguards the autonomy and powers of the DGHC and ensures that the provisions of the Panchayati Raj system do not interfere with its existing governance structure.

Exception for Arunachal Pradesh: Reservation of Seats

Clause (3A) of Article 243-M provides that the provisions of Article 243-D, relating to the reservation of seats for Scheduled Castes, do not apply to Arunachal Pradesh. This is because the state is predominantly inhabited by Scheduled Tribes, making such reservations unnecessary.

Extension of Part IX to Excluded Areas

Despite the general exemptions, Clause (4) empowers both the State Legislatures and Parliament to extend the provisions of Part IX to the excluded areas:

• Clause (4)(a) allows a State Legislature to extend the provisions of Part IX to its territory (excluding areas mentioned in Clause 1) through a resolution passed by a majority of the total membership of the House.
• Clause (4)(b) authorises Parliament to extend Part IX to Scheduled Areas and Tribal Areas, with exceptions and modifications as necessary.

Importantly, any such law enacted by Parliament under Clause (4)(b) is not considered a constitutional amendment under Article 368, even though it modifies the application of constitutional provisions.
This flexibility allows both the Centre and States to adapt the Panchayati Raj framework to suit the distinctive socio-political contexts of tribal and hill regions.

Key Terms and Constitutional References

• Scheduled Areas: Areas identified under the Fifth Schedule, usually inhabited by tribal communities, and administered with the aid of a Tribal Advisory Council.
• Tribal Areas: Areas under the Sixth Schedule, mainly in the North-Eastern states, where Autonomous District and Regional Councils function as local self-governing bodies.
• District Councils: Local self-governing bodies established under the Sixth Schedule to administer tribal affairs, land, and customs.

Relevant constitutional provisions include:

• Article 244 – Defines the governance of Scheduled and Tribal Areas.
• Article 368 – Lays down the procedure for amending the Constitution.

Judicial Interpretation and Case Laws

Several judicial decisions have interpreted and reinforced the constitutional intent of Article 243-M:

• K. C. V. S. R. Rao v. State of Andhra Pradesh (2000): Examined the scope of applying Panchayati Raj provisions in Scheduled Areas and emphasised the need for respecting local governance traditions.
• State of West Bengal v. Committee for Protection of Land (2006): Addressed issues concerning the powers of the Darjeeling Gorkha Hill Council and affirmed its distinct administrative autonomy.
• N. R. S. R. Rao v. State of Andhra Pradesh (2001): Clarified legislative competence regarding the extension of Panchayati Raj to Scheduled Areas and upheld the Parliament’s authority under Clause (4)(b).

These rulings underscore the balance between constitutional uniformity and regional autonomy envisioned under Article 243-M.

Legislative Context and Parliamentary Action

To operationalise Article 243-M, Parliament enacted the Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), under Clause (4)(b). This Act extends the principles of Part IX to Scheduled Areas, subject to specific adaptations respecting traditional tribal institutions.
PESA recognises the Gram Sabha (village assembly) as the foundation of self-governance and ensures tribal communities’ control over natural resources, customary laws, and development planning.
This legislation exemplifies how Article 243-M’s enabling provisions can be used to expand local democracy while respecting indigenous governance systems.

Significance of Article 243-M

Article 243-M is of great constitutional and administrative significance, as it ensures inclusivity while maintaining regional diversity in governance. Its key contributions include:

• Preservation of tribal autonomy: Protects the self-governing rights of Scheduled Tribes and hill communities.
• Respect for traditional institutions: Avoids the imposition of uniform administrative structures in culturally distinct regions.
• Flexibility in governance: Allows adaptation of Panchayati Raj provisions to local needs through presidential or parliamentary modification.
• Promotion of balanced decentralisation: Ensures democratic representation without disrupting established systems of community governance.
• Legal foundation for special legislations: Enabled the enactment of the PESA Act, extending participatory democracy to tribal areas.