PPESA- its Source Part IX and Part IX-A of the Constitution were inserted after 73rd (w.e.f.24.04.93) and 74th (w.e.f. 01.06.93) amendments which were meant to bring about uniformity in the system of Panchayats & Municipalities all over the country.Before that different states had their own legislation. Part IX deals with Panchayats from article 243 to 243-O, and Part IX-A with Municipalities from articles 243-P to 243-ZG. It’s a continuation of the same number. It signifies that Panchayats (rural areas) & Municipalities(urban areas) are equally treated so far their governace is concerned. Our interest is on the Article 243-M &243-ZC. Please Note.These articles clearly state:- Article 243-M(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. Article 243-ZC(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. So its as much clear as 2 plus 2 equals 4 that the panchayats ( for the rural area) & the municipalities(for the urban area) of the general areas are NOT applicable in Scheduled Areas. Now if the General panchayats and municipalities are not applicable in Scheduled Areas, is there any different provision for the SAs? Yes, its there in 243-M(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 modification as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purpose of article368.” As a result PPESA came out through this Article 243-M(b) of the Constitution on 24th December,1996. So PPESA is not an ordinary Act. It is embedded with and a part of the Constitution. Scheduled Tribes of India have a different & a special Panchayat system by way of PPESA.And so the present acting out panchayats and the municipalities working in Scheduled Areas in JKD are illegal and unconstitutional.
Posted on: Sun, 27 Oct 2013 17:55:03 +0000
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