TMI Blog2013 (5) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... uled Areas. 3. The administration and control of a Scheduled Area is provided for in Article 244 of the Constitution which reads as under: 244. Administration of Scheduled Areas and Tribal Areas: (1) The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam Meghalaya, Tripura and Mizoram. (2) The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the State of Assam, Meghalaya, Tripura and Mizo-ram. 4. What follows from this is that an area may be declared by the President as a Scheduled Area (as has happened in the case of Sundargarh) and the administration and control of that area is then governed by the Fifth Schedule to the Constitution. 5. Scheduled Areas are also referred to in Part IX-A of the Constitution. This Part came into effect from 1st June 1993 through the Constitution (Seventy-fourth Amendment) Act, 1992. This Part concerns itself with the establishment, constitution, powers and functions of municipalities as institutions of self government. For the present purposes, we are concerned with Article 243-ZC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The existing law relating to municipalities will remain in force even if it is inconsistent with the provisions of Part IX-A of the Constitution [first part of Article 243-ZF]; (b) However, the inconsistent provisions of the existing law will remain in force only for a period of one year, unless amended or repealed earlier [second part of Article 243-ZF]. Clearly, the purpose of continuing an existing law (even though it may be inconsistent with Part IX-A) was to enable necessary amendments to be made to the existing law to make it in consonance with Part IX-A. 8. At this distant point of time, we are not concerned with the proviso to Article 243-ZF of the Constitution. 9. If Part IX-A of the Constitution does not apply to a Scheduled Area, how is the Scheduled Area of Sundargarh to be administered? For this, one as to fall back on the Fifth Schedule to the Constitution which specifically relates to the administration and control of Scheduled Areas. Clause 5(1) thereof is of relevance so far as the present case is concerned. This reads as follows: 5. Law applicable to Scheduled Areas.- (1) Notwithstanding anything in this Constitution, the Governor may by public notific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an Development Department Notification The 14th August 1995 S.R.O. No. 743/95- Whereas the Orissa Municipal Act, 1950 has been amended by Orissa Municipal (Amendment) Act, 1994 for strengthening the Municipalities and for giving effective and adequate representation to the Scheduled Castes, Scheduled Tribes, Backward Class of citizens and Women; And, whereas, the constitution of the Municipalities prior to the commencement of the Orissa Municipal (Amendment) Act, 1994 has not been made in accordance with the amended provisions with regard to the composition, reservation of seats and reservation of offices of the Chairpersons and Vice-Chairpersons of Municipalities for the Scheduled Castes, Scheduled Tribes, Backward Class of citizens and Women; And, whereas, for the purpose of strengthening the Municipalities and giving effective and adequate representation to the Scheduled Castes, Scheduled Tribes, Backward class of citizens and Women in the Scheduled Areas of the State, it is considered expedient to apply the provisions of the Orissa Municipal Act, 1950 as amended by the Orissa Municipal (Amendment) Act, 1994 to the Scheduled Areas of the State of Orissa; Now, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... further submission is that Parliament has not extended the provisions of Part IX-A of the Constitution to the Scheduled Area of Sundargarh nor has the Governor extended the provisions of the Orissa Municipal Act to Sundargarh district in exercise of power conferred by Clause 5 of the Fifth Schedule to the Constitution. Therefore the provisions of the said Act are not applicable to Sundargarh district with the result that the continuance of the municipalities beyond 1st June 1994 is illegal. 17. We are unable to accept both contentions urged by the Petitioners since they proceed on a misunderstanding of facts and the relevant provisions of the Constitution. We may also note that Notification No. SRO No. 743/95 dated 14th August, 1995 is not under challenge. 18. Clause 1 of Article 243-ZC provides that the provisions of Part IX-A of the Constitution do not apply to Scheduled Areas such as Sundargarh. Clause 3 of Article 243-ZC provides that Parliament may, by law, extend the provisions of Part IX-A of the Constitution to Scheduled Areas such as Sundargarh subject to exceptions and modifications. It is nobody's case that such a law has been enacted by Parliament. The only c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t with Part IX-A. The contentions of learned Counsel for the Petitioners are presently without any foundational basis, but we leave open this question and express no opinion in this regard since Part IX-A has not been made applicable to the Scheduled Area of Sundargarh. 22. The interpretation of Article 243-ZC and Article 243-ZF of the Constitution has come up for consideration in some High Courts from time to time but the issue raised before us, which is entirely factual in nature, has not come up for consideration earlier. It is, therefore, not necessary to advert to those decisions. 23. Reference may, however, be made to Bondu Ramaswamy v. Bangalore Development Authority (2010) 7 SCC 129 which explains the purpose behind the introduction of Part IX-A in the Constitution. This is what was said: The Constitution (Seventy-fourth Amendment) Act, 1992 inserting Part IX-A in the Constitution, seeks to strengthen the system of municipalities in urban areas, by placing these local self-governments on sound and effective footing and provide measures for regular and fair conduct of elections. Even before the insertion of the said Part IX-A, municipalities existed all over the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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