Article 243ZC of CoI : Article 243ZC: Part not to apply to certain areas.
CoI
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Explanation using Example
Example 1:
Scenario: A municipal corporation in a Scheduled Area
Context: The government of a Scheduled Area in Jharkhand is considering forming a municipal corporation to improve local governance and infrastructure.
Application of Article 243ZC:
- Clause (1): The provisions of Part IXA of the Constitution, which deals with municipalities, do not automatically apply to Scheduled Areas. Therefore, the Scheduled Area in Jharkhand cannot form a municipal corporation under the general provisions of Part IXA.
- Clause (3): However, Parliament has the power to extend the provisions of Part IXA to Scheduled Areas with specific exceptions and modifications. If Parliament passes a law to this effect, the Scheduled Area in Jharkhand can then form a municipal corporation as per the modified provisions.
Outcome: Until Parliament enacts such a law, the Scheduled Area in Jharkhand will not have a municipal corporation governed by Part IXA of the Constitution.
Example 2:
Scenario: Functions of the Darjeeling Gorkha Hill Council
Context: The Darjeeling Gorkha Hi...
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