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Difficulty: HardLocal Self-Government: Panchayati Raj and Urban Local Bodies (73rd & 74th Amendments)

With reference to the constitutional provisions governing Panchayati Raj under Part IX of the Constitution of India (73rd Constitutional Amendment Act, 1992), consider the following statements:

1. The provisions of Part IX do not apply to the States of Nagaland, Meghalaya, and Mizoram.
2. Any law enacted by Parliament extending the provisions of Part IX to Scheduled Areas under Article 243M is deemed to be an amendment of the Constitution under Article 368.
3. Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs.

Which of the statements given above are correct?

  1. 1 and 3 onlyAnswer
  2. B
    2 and 3 only
  3. C
    1 only
  4. D
    1, 2 and 3

Answer

Statements 1 and 3 are correct.
Statements 1 and 3 are correct. Under Article 243M(1), Part IX does not apply to the States of Nagaland, Meghalaya, and Mizoram. Under Article 243B(2), states with a population not exceeding 20 lakhs have the option of not establishing an intermediate-level Panchayat. Statement 2 is incorrect because Article 243M(4)(b) explicitly stipulates that laws extending Part IX provisions to Scheduled Areas shall not be deemed constitutional amendments under Article 368.

Step-by-Step Solution

1
Evaluate Statement 1 regarding state exemptions under Part IX
Under Article 243M(1), Part IX of the Constitution does not apply to the States of Nagaland, Meghalaya, and Mizoram.
These states possess unique customary traditional councils and local governance frameworks, making standard Part IX provisions non-applicable.
2
Evaluate Statement 2 regarding parliamentary extension to Scheduled Areas and Article 368
Article 243M(4)(b) specifies that any law enacted by Parliament extending Part IX to Fifth Schedule areas (e.g., PESA Act, 1996) shall not be deemed to be an amendment of the Constitution for the purposes of Article 368.
This allows ordinary legislation to adapt Panchayati Raj features without requiring the formal constitutional amendment procedure.
3
Evaluate Statement 3 regarding intermediate Panchayat population threshold
Under Article 243B(2), Panchayats at the intermediate level (Block/Panchayat Samiti level) may not be constituted in a State having a population not exceeding twenty lakhs.
This provides structural flexibility to small states, allowing them to operate a two-tier system (Gram Panchayat and Zilla Parishad).

Key Concept

Exempted Areas (Article 243M) and Tier Exemptions (Article 243B) under the 73rd Amendment
Estimated Time:1m 30s
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Topics

Local Self-Government: Panchayati Raj and Urban Local Bodies (73rd & 74th Amendments)

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