The Chhattisgarh High Court dismissed a Public Interest Litigation (PIL) filed challenging the constitutionality of Madhya Pradesh Municipal Corporation Act, 1956 and Madhya Pradesh Municipalities Act, 1961 so far it extends to the scheduled areas of Chhattisgarh notified under the Vth schedule of the Constitution of India because the application of the Act of 1956 and the Act of 1961 in the Scheduled Areas of Chhattisgarh is in violation of Article 243 ZC of Constitution of India and till date the Parliament of India has not enacted any law extending the provision of Part-IX-A of the Constitution of India to the Scheduled Areas.
The application of the Act of 1956 and the Act of 1961 to the Scheduled Areas without giving exception and benefits to the tribal community (as given under the PESA) will violate the fundamental rights of scheduled tribes of Chhattisgarh under Article 14 & 21 of the Constitution of India. The application of the Act of 1956 and the Act of 1961 in the Scheduled Areas of Chhattisgarh is unconstitutional and ultra vires being violated to Article 243 ZC, 14 & 21 of the Constitution of India.
The Union of India has filed its reply dated 02.05.2023. Relevant paragraphs of the said reply reads as follows :
“…..i. Article 243 ZC(1) states that nothing in this part (Part-IXA) shall apply to the Scheduled areas referred to in clause (1), and the tribal areas referred to in clause (2), of Article 244 of the Constitution of India.
ii. Article 243 ZF states that notwithstanding anything in this Part (Part-IXA), any provision of any law relating to Municipalities in force in a State immediately before the commencement of the Constitution (Seventyfourth Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier.
- It is respectfully submitted before the Hon’ble Court that as no such Bill has been passed by the Parliament to extend the provisions of Part-IXA of the Constitution of India to Scheduled Areas, the provisions of Part-IXA do not extend to Scheduled Areas. Therefore, MoHUA has nothing to add further except to applicability of existing constitutional provisions.”
In view of the aforesaid submission made by the Union of India, it is evident that as no such Bill has been passed by the Parliament to extend the provisions of Part-IXA of the Constitution of India to Scheduled Areas, the provisions of Part-IXA do not extend to Scheduled Areas, therefore, the Division Bench of Chief Justice Ramesh Sinha and Justice Rakesh Mohan Pandey did not find any scope to entertain this Public Interest Litigation.