Article 243ZC

Exemptions of Scheduled, Tribal, and Hill Areas from Part IXA

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

Check this article against the official editionAwaiting human legal review

Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part IXA, Article 243ZC, printed page 135
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

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1. In One Sentence

Exempts Fifth Schedule Scheduled Areas and Sixth Schedule tribal areas from Part IXA, preserving Darjeeling Gorkha Hill Council powers.

2. What It Means in Everyday Language

Article 243ZC exempts Fifth Schedule Scheduled Areas and Sixth Schedule tribal areas from the standard urban municipal model, protecting indigenous tribal autonomy.

It also preserves the powers and functions of the Darjeeling Gorkha Hill Council in West Bengal.

Clause (3) empowers Parliament by law to extend municipal provisions to Scheduled and tribal areas with appropriate customary modifications, and specifies that such laws are not deemed constitutional amendments under Article 368.

3. Practical Illustrative Example

Everyday Scenario:

An urbanizing mining township is located within a Fifth Schedule tribal area in Jharkhand or Madhya Pradesh.

Core takeaway: Under Article 243ZC, the standard municipal framework does not automatically displace tribal protections; special parliamentary legislation is required to adapt urban governance.

Illustrative Notice: Unlike rural areas where PESA was enacted in 1996, Parliament has not yet enacted a comprehensive urban municipal extension statute for Scheduled Areas.

4. Important Limits, Qualifications & Exceptions

Article 243ZC safeguards indigenous tribal rights and autonomous regional councils.

Autonomous areas protected: Fifth and Sixth Schedule areas are excluded from automatic application.
Hill council integrity: Protects regional hill autonomy in Darjeeling.
Parliamentary extension power: Permits tailored parliamentary legislation without formal constitutional amendment.

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 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.

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

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part IXA, Article 243ZC, printed page 135 • 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