Article 243L and Article 243M of the Constitution of India
Article 243L explains how Part IX of the Constitution, which deals with Panchayats, applies to Union territories. Article 243M identifies areas and States to which Part IX does not ordinarily apply and also provides constitutional mechanisms for extending its provisions.
Article 243L - Application to Union territories
Meaning: Article 243L adapts the Panchayat provisions in Part IX for Union territories. References to a State Governor operate as references to the Administrator appointed under Article 239. Where a Union territory has a Legislative Assembly, references to a State Legislature or Legislative Assembly operate as references to that Legislative Assembly.
Constitutional text:
The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under article 239 and references to the Legislature or the Legislative Assembly of a State were references, in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly:
Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification.
The proviso therefore gives the President power, through a public notification, to apply Part IX to a Union territory or part of it with specified exceptions and modifications.
Article 243M - Part not to apply to certain areas
Meaning: Article 243M creates constitutional exclusions from the ordinary operation of Part IX, particularly for Scheduled Areas, tribal areas and specified States or hill areas. It also permits extension of Part IX through the procedures stated in clause (4).
Clause (1): Part IX does not apply to the Scheduled Areas referred to in Article 244(1), or to the tribal areas referred to in Article 244(2).
Clause (2): Part IX does not apply to the States of Nagaland, Meghalaya and Mizoram, or to the hill areas in Manipur for which District Councils exist under a law in force.
Clause (3): The district-level Panchayat provisions do not apply to the specified hill areas of Darjeeling, and Part IX does not affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under the relevant law.
Clause (4)(a): A State Legislature covered by clause (2)(a) may extend Part IX to that State, except areas covered by clause (1), after its Legislative Assembly passes the constitutionally required resolution by the specified special majority.
Clause (4)(b): Parliament may by law extend Part IX to the Scheduled Areas and tribal areas referred to in clause (1), subject to exceptions and modifications specified by law. Such a law is not treated as a constitutional amendment for Article 368.
How Articles 243L and 243M operate within Part IX
Part IX establishes the constitutional framework for Panchayats. Article 243L adapts that framework for Union territories, while Article 243M preserves special constitutional arrangements for specified tribal, Scheduled and hill areas. The two provisions should therefore be read with Article 239, Article 244 and the other provisions of Part IX.
PESA Act, 1996 and Scheduled Areas
Parliament exercised the power contemplated by Article 243M(4)(b) through the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996, commonly called the PESA Act. Section 3 extends Part IX to Scheduled Areas subject to the exceptions and modifications provided in Section 4. The legislation gives particular constitutional and statutory importance to Gram Sabhas and local self-governance in Scheduled Areas.
For authoritative current text, see the official resources in the sidebar.
Summary
Article 243L makes Part IX applicable to Union territories with the constitutional adaptations stated in the Article. Article 243M excludes specified areas and States from the ordinary application of Part IX while preserving routes by which State Legislatures or Parliament, as applicable, may extend those provisions.
This page is intended as general legal information. For a matter involving a particular Union territory, Scheduled Area, tribal area or local authority, consult the current constitutional text, applicable legislation, notifications and local law.