Articles 243ZB, 243ZC and 243ZD of the Constitution of India
Articles 243ZB, 243ZC and 243ZD form part of Part IXA - The Municipalities. They deal respectively with the application of Part IXA to Union territories, its exclusion from specified Scheduled and tribal areas, and the constitution and functions of District Planning Committees.
Article 243ZB - Application to Union territories
Meaning: Article 243ZB makes the municipal framework in Part IXA applicable to Union territories with constitutional adaptations. A reference to a State Governor operates as a reference 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 Assembly.
Constitutional provision: The provisions of this Part apply to Union territories. In their application to a Union territory, references to the Governor of a State are read as references to the Administrator of the Union territory appointed under Article 239, and references to the Legislature or Legislative Assembly of a State are adapted for a Union territory having a Legislative Assembly.
The proviso also empowers the President, by public notification, to apply Part IXA to a Union territory or any part of it subject to specified exceptions and modifications.
Why Article 243ZB matters
The provision ensures that the constitutional scheme for Municipalities can operate in Union territories despite differences between State and Union territory governance structures. Article 239 is therefore an important linked provision when reading Article 243ZB.
Article 243ZC - Part not to apply to certain areas
Meaning: Article 243ZC creates territorial exceptions to Part IXA. It protects the special constitutional and statutory arrangements applicable to specified Scheduled Areas, tribal areas and the hill areas historically governed through the Darjeeling Gorkha Hill Council framework.
Clause (1): Part IXA 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 IXA does not affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under the law applicable to the hill areas of Darjeeling in West Bengal.
Clause (3): Parliament may by law extend Part IXA to the Scheduled Areas and tribal areas mentioned in clause (1), with exceptions and modifications specified by that law. Such a law is not treated as a constitutional amendment for the purposes of Article 368.
Related provision: Article 244
Article 244 deals with the administration of Scheduled Areas and Tribal Areas. Article 243ZC expressly uses the categories described in clauses (1) and (2) of Article 244 to define the territorial exclusion from Part IXA.
Article 243ZD - Committee for district planning
Meaning: Article 243ZD establishes the constitutional basis for District Planning Committees. Their central task is to bring together plans prepared by Panchayats and Municipalities and prepare a draft development plan for the district as a whole.
Clause (1): A District Planning Committee must be constituted at the district level in every State to consolidate plans prepared by Panchayats and Municipalities and to prepare a draft development plan for the district.
Clause (2): State law may provide for the composition of District Planning Committees, the manner of filling seats, functions relating to district planning and the manner of choosing Chairpersons. At least four-fifths of the total members must be elected by and from among elected members of the district-level Panchayat and Municipalities in the district, in proportion to the rural and urban populations.
Clause (3): While preparing the draft development plan, the Committee must consider matters of common interest between Panchayats and Municipalities, including spatial planning, sharing of water and other physical and natural resources, integrated development of infrastructure, environmental conservation, and the extent and type of available financial or other resources. It must also consult institutions and organisations specified by the Governor.
Clause (4): The Chairperson of the District Planning Committee forwards the development plan recommended by the Committee to the State Government.
District Planning Committee explained
A District Planning Committee is a constitutionally contemplated planning body rather than merely a municipal committee. Article 243ZD connects rural and urban local planning by requiring consolidation of plans from both Panchayats and Municipalities at district level.
Official constitutional sources
For the authoritative constitutional text and current official publication, refer to the Legislative Department, Ministry of Law and Justice and India Code.
This article is an explanatory aid. In case of doubt, amendment, notification or litigation, consult the official constitutional text and applicable legislation or notification.
