Article 243-M of the Constitution excludes Scheduled Areas from the application of Part IX of the Constitution, which deals with Panchayats.

D. P. Wadhwa, C. J.

1. -in this petition under Article 226 of the Constitution, the petitioner, a convenor of certain social, cultural and literary organisation of Santhal paraganas and Chotanagpur divisions, has claimed a declaration that the Bihar panchayat Raj Act, 1993 (in short the Act)is not applicable to the Scheduled Areas in the State of Bihar, and consequently to restrain the State Election Commission and the State of Bihar from holding any election under the Act in that area.

2. Field of controversy is quite small but arguments somewhat extensive. Part IX of the Constitution deals with the Scheduled and Tribal Areas. Under Article 244 falling in that part the provisions of the Fifth schedule to the Constitution shall apply to the administration and control of the scheduled Areas and Scheduled Tribes in any State, the State of Bihar being one of such States. If we now refer to the Fifth schedule, Part C thereof defines the scheduled Areas. The expression scheduled areas means such areas as the President may by order declare to be Scheduled areas. Rest of Part C is not quite relevent for our purpose.

3. Now under the Order issued by the president the following are the Scheduled areas in the State of Bihar- Bihar

1. RANCHI district 2. SINGHBHUM district 3. Latehar sub-division and Bhandrea block of Garhwa sub-division in palamau district

4. Dumka, Pakur, Rajmahal and Jamtara sub-division and Sundar Pahadi and boraijore blocks of Godda sub-division.

5. Santhal PARGANAS district. Reference in this connection may be made to the Scheduled Areas (part A states) Order, 1950 (Constitution Order 9)dated 23.1.1950 and the Scheduled Areas (State of Bihar, Gujarat, Madhya Pradesh and Orissa) Order, 1977 (Constitution Order, 109) dated 31.12.1977 which was promulgated after rescinding the Order cited first so far as it related to the States of Bihar, gujarat, Madhya Pradesh and Orissa. As to what is the law applicable to Scheduled areas we may as well refer to Para 5 of Part b of the Fifth Schedule which, in relevant part, is as follows : -

"5. Law applicable to Scheduled areas.- (1) 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 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. "

4. By the Constitution (Seventy-third)Amendment Act, PART IX relating to the panchayats was intorduced in the Constitution and it came into force with effect from 24.4.1993. The State Legislature in view of the powers conferred by Part IX of the Constitution enacted the Bihar Panchayat Raj act, 1993 and thus repealed and replaced the earlier Bihar Panchayat Raj Act, 1947 and the Bihar Panchayat Samiti and Zila parishad Act, 1961. We may as well reproduce the aims and objects which led to the introduction of the Bill and which ultimately took the form of the Act : -"aims and objects.- Consequent upon the changes incorporated in the seventy-third Constitution (Amendment)Act, 1992 to bring it in conformity with the purposes substance and direction it has become necessary to make a new act repealing the Bihar Panchayat Raj act, 1947 and Bihar Panchayat Samiti and Zila Parishad Act, 1961. The bill is for establishing a three tier panchayat Raj system in the State with elected bodies at Village, Block and District levels for greater participation of the people for more effective preparation and execution of plans for economic development and social justice. The bill aims to endow the! panchayats with functions and powers sca as the enable them to function as vibrant institutions of local self-government with peoples greater participation in managing and conducting their own