Executive Summary:
This document addresses questions regarding the constitution of civic bodies in Scheduled Areas, referencing Article 243ZC of the Constitution and the proposed Municipalities Extension to Scheduled Areas (MESA) law. The Ministry of Tribal Affairs has sought information from the Ministry of Housing and Urban Affairs (MHUA) due to the relevant subject matter falling under the latter's purview. The MESA Bill, 2001 is under consideration, with ongoing consultations with states regarding amendments recommended by a Parliamentary Standing Committee.
Key Points / Main Content:
Constitutional Provisions:
* Part IXA of the Constitution regarding municipalities does not automatically apply to Scheduled Areas (Article 244).
* Parliament may extend Part IXA to Scheduled Areas with exceptions and modifications via law (Article 243ZC3).
* Governors can direct whether an Act of Parliament or State Legislature applies to a Scheduled Area, with or without modifications (Fifth Schedule, Article 244).
* Municipalities can be formed in Scheduled Areas through public notification with the Governor's approval.
MESA Bill, 2001:
* The MESA Bill, 2001, was introduced in Rajya Sabha on July 30, 2001.
* A Parliamentary Standing Committee submitted its report on the Bill in October 2003.
* Amendments to the MESA Bill, 2001, based on the Standing Committee's recommendations, are being considered.
* Consultations with ten states were initiated to gather feedback on the Standing Committee's recommendations.
State Consultations:
* Views have been sought from Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana.
* Responses from eight states have been received.
* Feedback from Jharkhand and Maharashtra is still pending despite follow-up.
Impact Analysis:
Ministry of Housing and Urban Affairs (MHUA):
* Impact: Responsible for the subject matter of Municipalities Extension to Scheduled Areas (MESA).
* Action Required: Provide inputs/information on the application of Part IXA to Scheduled Areas.
State Governments (Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Telangana):
* Impact: Their Scheduled Areas may be affected by the MESA law and related constitutional provisions.
* Action Required: Provide comments/views on the recommendations made by the Standing Committee to MESA Bill (Jharkhand and Maharashtra specifically need to provide their feedback).
Parliament:
* Impact: May need to legislate on the extension of Part IXA to Scheduled Areas.
* Action Required: Consider and potentially amend the MESA Bill, 2001, based on received feedback.
Governors of relevant states:
* Impact: Issuing notifications regarding the applicability of legislation to scheduled areas, and approving municipality constitutions.
* Action Required: Review and approve municipality constitutions in scheduled areas.
Key Entities Referenced
Ministry of Tribal Affairs: The Indian government ministry responsible for the welfare and development of Scheduled Tribes.
Article 243ZC of the Constitution: A constitutional provision related to the application of Part IXA (The Municipalities) to Scheduled Areas.
MESA law: Municipalities Extension to Scheduled Areas law; intended to extend municipal governance to scheduled areas.
SHRI DURGADAS UIKEY: Minister of State for Tribal Affairs.
Government of India Allocation of Business Rules, 1961: Rules that allocate subject matters to different ministries of the Government of India.
Ministry of Housing and Urban Affairs: The Indian government ministry responsible for matters related to housing and urban development, including Municipal Corporations and Municipalities.
Rajya Sabha: The upper house of the Parliament of India, where the MESA Bill, 2001 was introduced.
The Provisions of the Municipalities Extension to the Scheduled Areas Bill, 2001 MESA Bill, 2001: A bill introduced in the Rajya Sabha aimed at extending municipal governance to Scheduled Areas.
GOVERNMENT OF INDIA
MINISTRY OF TRIBAL AFFAIRS
LOK SABHA
UNSTARRED QUESTION No. 4633
TO BE ANSWERED ON 21.08.2025
Constitution of Civic Bodies in Scheduled Areas
✝4633. SHRI RAJKUMAR ROAT:
Will the Minister of TRIBAL AFFAIRS be pleased to state:
(a) whether it is mandatory to enact a MESA law on the lines of PESA before forming civic bodies
in scheduled areas of the country as per Article 243ZC of the Constitution and if so, the details
thereof;
(b) whether the Government intends to stop the formation of new civic bodies and the expansion
of previously formed civic bodies in scheduled areas which are formed in violation of
constitutional provisions and if so, the details thereof;
(c) the number of civic bodies in scheduled areas of the country, name, year and State-wise;
(d) whether any proposal regarding the MESA law is under consideration of the Government and
if so, the details thereof; and
(e) whether the Union Government has received any proposal from any State Government
regarding the formation or restriction of civic bodies in scheduled areas and if so, the details
thereof?
ANSWER
MINISTER OF STATE FOR TRIBAL AFFAIRS
(SHRI DURGADAS UIKEY)
(a) to (e): As per Government of India (Allocation of Business) Rules, 1961 the subject matter of
Municipal Corporations, Municipalities and other Local Self-Government Administrations is
allocated to Ministry of Housing and Urban Affairs. As such, the subject matter of Municipalities
(Extension to Scheduled Areas) in short ‘MESA’ comes under purview of Ministry of Housing
and Urban Affairs (MHUA). Therefore inputs/information was sought from MHUA. The Ministry
of Housing and Urban Affairs has informed that:
Constitutional provisions in respect of application of Part IXA (The Municipalities) to the
Scheduled Areas and the tribal areas are as under:
243ZC(1) : Nothing in this Part (IXA) shall automatically apply to the Scheduled Areas
referred to in clause (1) and the tribal areas referred to in clause (2) of Article 244.
243ZC(3) : Notwithstanding anything in this Constitution, Parliament may, by law, extend
the provisions of this Part (IXA) 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 not such law
shall be deemed to be an amendment for the purpose of Article 368.
2. However, para 5 (1) of the Fifth Schedule under Article 244 provides that - "
Notwithstanding anything in this Constitution, the Governor may by public notification direct that
any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled
Area or any part thereof in the State or shall apply to a Scheduled Area or any part thereof in the
State subject to such exceptions and modifications as he may specify in the notification and any
direction given under this sub-paragraph may be given so as to have retrospective effect." By
virtue of these provisions, municipalities may be constituted in the scheduled areas by way of
public notification with the approval of the Governor of the concerned State.
3. The Provisions of the Municipalities (Extension to the Scheduled Areas) Bill, 2001
(MESA Bill, 2001) was introduced in Rajya Sabha on 30.07.2001. The Bill was referred to the
Parliamentary Standing Committee on Urban and Rural Development (Thirteenth Lok Sabha)
which submitted its report in October, 2003. Based on the recommendations of the Standing
Committee, it was decided to seek approval of the Cabinet for amendment to the provisions of the
MESA Bill, 2001. However, the draft Cabinet Note could not be circulated.
4. Subsequently, with the approval of the Hon'ble HUAM on 04.02.2020, it was decided to
pursue the Bill, as recommended by the Standing Committee. It was also decided to start
consultations with the stakeholders before seeking approval of the Cabinet. Accordingly,
views/comments were sought from 10 States viz. Andhra Pradesh, Chhattisgarh, Gujarat,
Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana
on the recommendations made by the Standing Committee to MESA Bill. The requisite
comments/views from eight States have been received so far and comments/views from two States
viz. Jharkhand and Maharashtra are still awaited despite regular follow up.
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