The Supreme Court considered a Public Interest Litigation (PIL) raising concerns over the expansion of urban local bodies into Scheduled Areas without a dedicated legal framework envisioned under the Constitution.
The petition contends that the constitutional exclusion of Scheduled Areas from the operation of Part IX-A, which governs municipalities, cannot be diluted by the establishment or expansion of municipal bodies in such regions without Parliamentary intervention. It seeks judicial directions to ensure that urban governance in Fifth Schedule areas is implemented only in accordance with constitutional safeguards.
The plea argues that Article 243ZC expressly excludes Scheduled Areas from the application of the constitutional provisions relating to municipalities. It submits that although Parliament was empowered to enact a law extending municipal governance to such areas with appropriate modifications, no such legislation has been enacted to date. As a result, the petition alleges that the creation or expansion of municipalities in Scheduled Areas has occurred without an adequate constitutional framework.
According to the petitioner, the absence of a law similar to the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) for urban local bodies has weakened the constitutional protections available to tribal communities. The PIL asserts that such urbanisation may adversely affect tribal self-governance, land rights, customary institutions and community resources guaranteed under the Fifth Schedule of the Constitution.
The petition seeks directions to the Union Government to formulate an appropriate legislative framework governing municipalities in Scheduled Areas while ensuring that the constitutional rights of Scheduled Tribes are not compromised. It also calls for measures to prevent the conversion of Scheduled Areas into municipal bodies in the absence of such a statutory regime.
Taking note of the submissions, the Supreme Court agreed to examine the issues raised in the PIL. The matter is expected to be taken up for further consideration after responses are received from the concerned authorities.
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