सं Samvidhan

The Constitution of India

Article 243M

Part not to apply to certain areas

Why this exists

Part IX, introduced by the 73rd Amendment (1992), created a uniform three-tier panchayat system across India. But India's northeastern hill states and tribal regions already had their own customary self-governance institutions—like village councils under tribal law, or Autonomous District Councils under the Sixth Schedule—that predated and differed from the panchayat model. Article 243M was added to respect these existing arrangements instead of forcing a one-size-fits-all system, while still leaving flexibility for these areas to opt into the panchayat framework later if they choose.

Common misconceptions
  • Myth: Nagaland, Meghalaya, and Mizoram have no local self-government at all.
    Fact: They have their own traditional or statutory local governance systems (like village councils or District Councils); they are simply exempt from the specific Part IX panchayat framework unless they choose to adopt it.
  • Myth: The exemption for tribal and Scheduled Areas is permanent and unchangeable.
    Fact: Parliament can, by ordinary law, extend Part IX's panchayat provisions to these areas with modifications, and such a law isn't even treated as a constitutional amendment.
  • Myth: Darjeeling has no elected local government because of this Article.
    Fact: Darjeeling's hill areas have the Darjeeling Gorkha Hill Council, a specific elected body whose powers this Article protects rather than removes.
Article 243M — Part not to apply to certain areas · Samvidhan