सं Samvidhan

The Constitution of India

Article 243ZC

Part not to apply to certain areas

Why this exists

Part IX-A of the Constitution created a uniform framework for urban local self-government (municipalities) across India. However, Scheduled Areas and tribal areas often have their own customary governance systems, protected separately under the Fifth and Sixth Schedules and Article 244. Similarly, the Darjeeling Gorkha Hill Council was created to give the Gorkha community in Darjeeling a degree of administrative autonomy. Article 243ZC ensures the new municipal framework does not override these existing special arrangements, while still allowing Parliament flexibility to extend municipal governance to such areas later if needed.

Common misconceptions
  • Myth: Scheduled Areas and tribal areas can never have municipalities like other parts of India.
    Fact: Article 243ZC(3) allows Parliament to extend municipal governance rules to these areas by ordinary law, with suitable modifications, if it chooses to do so.
  • Myth: The Darjeeling Gorkha Hill Council's powers were abolished when Part IX-A was introduced.
    Fact: Article 243ZC(2) specifically protects the Hill Council's existing powers from being affected by the new municipal provisions.