Article 243M of CoI : Article 243M: Part not to apply to certain areas.

Explanation using Example

Example 1:

Ravi is a resident of a tribal area in the state of Jharkhand, which is classified as a Scheduled Area under Article 244 of the Indian Constitution. He is curious about the implementation of Panchayati Raj institutions in his area. Upon researching, Ravi learns that Article 243M(1) of the Constitution states that the provisions related to Panchayats do not apply to Scheduled Areas. This means that the local governance in his area is not governed by the Panchayati Raj system but by other laws specifically designed for tribal areas.

Example 2:

Meghna lives in the state of Nagaland and is interested in participating in local governance. She discovers that the Panchayati Raj system, which is prevalent in many parts of India, does not apply to her state. According to Article 243M(2)(a), the states of Nagaland, Meghalaya, and Mizoram are exempt from the provisions of Part IX of the Constitution, which deals with Panchayats. Instead, local governance in these states is managed through traditional tribal councils and other local bodies as per their customary laws.

Example 3:

In the hill areas of Manipur, where District Councils exist, residents like Anil are governed by these councils rather than the Panchayati Raj system. Article 243M(2)(b) specifies that the provisions related to Panchayats do not apply to these hill areas. Anil's local governance is thus managed by the District Councils established under specific laws, ensuring that the unique needs and customs of the hill areas are respected.

Example 4:

Priya, who lives in the Darjeeling district of West Bengal, is aware that her district has a unique governance structure due to the presence of the Darjeeling Gorkha Hill Council. Article 243M(3)(a) clarifies that the provisions related to Panchayats at the district level do not apply to the hill areas of Darjeeling. This means that the Darjeeling Gorkha Hill Council has its own set of functions and powers, as outlined in the laws governing it, ensuring that local governance is tailored to the specific needs of the region.

Example 5:

Arun, a resident of Arunachal Pradesh, is interested in the reservation of seats for Scheduled Castes in local governance. He finds out that Article 243M(3A) states that the provisions related to the reservation of seats for Scheduled Castes in Panchayats do not apply to Arunachal Pradesh. This means that the state has its own mechanisms and policies for ensuring representation and participation of various communities in local governance, separate from the general provisions applicable in other states.

Example 6:

The legislative assembly of Mizoram decides to extend the provisions of Part IX of the Constitution to certain areas of the state. According to Article 243M(4)(a), this can be done if the legislative assembly passes a resolution with a majority of the total membership and at least two-thirds of the members present and voting. This allows the state to adopt the Panchayati Raj system in specific areas while respecting the unique governance needs of other regions.

Example 7:

The Parliament of India decides to extend the provisions of Part IX to a Scheduled Area in Odisha. As per Article 243M(4)(b), Parliament can do this by passing a law that specifies the exceptions and modifications applicable to the Scheduled Area. This ensures that the Panchayati Raj system can be implemented in a way that respects the unique cultural and administrative needs of the tribal population in that area.