UPSC Prelims Polity, Panchayati Raj and PESA 1996
Panchayati Raj and PESA 1996 The 73rd amendment Act 1992 had made constitutional provisions for the three tier Panchayats all over the country. However, this act is not applicable to Jammu and Kashmir, Nagaland, Meghalaya and Mizoram and certain other areas including scheduled and tribal areas. These other areas include scheduled areas and the tribal areas in the states hill area of Manipur for which a district council exists Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists. At the same time, Article 243M (4) (b) of the part IX made the provisions that parliament may by law, extend the provisions of this Part to the scheduled areas and the tribal areas. Even before the Parliament could enact legislation, some states such as Andhra Pradesh, Himachal Pradesh and Rajasthan extended the Part IX to their scheduled areas. This means that it became an unconstitutional act on the part of these states. This irked the tribal le...