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The Constitution, Made Understandable.

Article 243M

Exemptions and Extensions of Part IX (PESA Framework)

Official heading: “Part not to apply to certain areas”

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Source edition
The Constitution of India (as on 1 May 2026)
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Part IX, Article 243M, printed pages 128–129
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1. In One Sentence

Exempts Fifth and Sixth Schedule areas, Nagaland, Meghalaya, Mizoram, and certain hill regions from Part IX, authorizing Parliament to extend it via PESA.

2. What It Means in Everyday Language

Article 243M exempts certain tribal, indigenous, and autonomous regions from the uniform Panchayati Raj model, respecting traditional customary institutions.

It exempts Fifth Schedule Scheduled Areas, Sixth Schedule tribal areas (in Assam, Meghalaya, Tripura, and Mizoram), the States of Nagaland, Meghalaya, and Mizoram, and the hill areas of Manipur and Darjeeling.

Under clause (4)(b), Parliament is empowered to enact special legislation extending Panchayati Raj to Fifth Schedule Scheduled Areas with customary adaptations. Parliament exercised this power by enacting the landmark **Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA)**, empowering tribal Gram Sabhas over forest resources and local disputes.

Clause (3A), inserted by the Eighty-third Amendment in 2000, exempts Arunachal Pradesh from SC reservations under Article 243D since the State has an entirely tribal population and no Scheduled Castes.

3. Practical Illustrative Example

Everyday Scenario:

In a Fifth Schedule tribal village in Jharkhand or Odisha, the traditional tribal Gram Sabha manages local natural resources and resolves customary disputes.

Core takeaway: Under Article 243M(4)(b) and PESA, tribal communities exercise decentralized self-governance adapted to their cultural traditions rather than a generic uniform panchayat model.
Illustrative Notice: PESA applies strictly to Scheduled Areas specified by Presidential notification; non-scheduled rural areas remain under standard Part IX provisions.

4. Important Limits, Qualifications & Exceptions

Article 243M balances democratic decentralization with indigenous self-determination and customary autonomy.

  • Geographic exemptions: Protects traditional tribal institutions in Northeast States and autonomous hill councils.
  • PESA empowerment: Authorizes Parliament to extend local governance to Scheduled Areas with customary safeguards.
  • Arunachal Pradesh exception: SC reservation is omitted due to absence of resident Scheduled Castes.

5. Operative Constitutional Text

(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 apply to— (a) the States of Nagaland, Meghalaya and Mizoram; (b) the hill areas in the State of Manipur for which District Councils exist under any law for the time being in force. (3) Nothing in this Part— (a) relating to Panchayats at the district level shall apply to the hill areas of the District of Darjeeling in the State of West Bengal for which Darjeeling Gorkha Hill Council exists under any law for the time being in force; (b) shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under such law. (3A) Nothing in article 243D, relating to reservation of seats for the Scheduled Castes, shall apply to the State of Arunachal Pradesh. (4) Notwithstanding anything in this Constitution,— (a) the Legislature of a State referred to in sub-clause (a) of clause (2) may, by law, extend this Part to that State, except the areas, if any, referred to in clause (1), if the Legislative Assembly of that State passes a resolution to that effect by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting; (b) 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.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part IX, Article 243M, printed pages 128–129 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

Related Constitutional Articles to Explore:

Go to ARTICLE 243 →Go to ARTICLE 243D →Go to ARTICLE 244 →Go to ARTICLE 244A →