The Constitution of India
Article 243ZC
Part not to apply to certain areas
(1) Nothing in this Part shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas referred to in clause (2), of article 244.
(2) Nothing in this Part shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under any law for the time being in force for the hill areas of the district of Darjeeling in the State of West Bengal.
(3) Notwithstanding anything in this Constitution, Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the tribal areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.
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.