Part IX: The Panchayats

Article 243M: Part Not to Apply to Certain Areas

Original Article:

Nothing in this Part shall apply to Scheduled Areas, tribal areas, and specific states or regions listed under this Article.

Amendments:

Clause (3A) was inserted by the 83rd Amendment, 2000, exempting Arunachal Pradesh from reservations under Article 243D.

Explanation:

Article 243M provides exemptions for certain regions from the application of Panchayati Raj provisions under Part IX, acknowledging diverse governance needs across India.

Clause-by-Clause Explanation:

1. Scheduled and Tribal Areas: Excludes areas listed under Article 244 for their unique governance needs.
2. Specific States and Regions: Exempts Nagaland, Meghalaya, Mizoram, and other hill areas with existing governance structures.
3. Legislative Extensions: Allows states to extend Part IX provisions by passing resolutions with a two-thirds majority.

Legislative History:

Introduced through the 73rd Amendment, this Article recognizes the distinct cultural and administrative needs of certain regions, protecting their autonomy.

Real-life Examples:

• In Nagaland, traditional Naga customary laws govern village councils, exempting the region from Part IX provisions.
• The Panchayats (Extension to Scheduled Areas) Act, 1996, tailors Panchayat governance for tribal areas.

Debates and Deliberations:

During discussions on the 73rd Amendment:

• Mr. Shibu Soren argued for preserving tribal governance structures.
• Dr. Manmohan Singh emphasized the importance of legislative flexibility for exempted areas.
• Ms. Uma Bharti supported tailored governance for cultural and regional autonomy.