Scheduled Areas Can Be Included In Municipal Limits Absent Governor's Exclusion Order: Rajasthan High Court

The Rajasthan High Court has dismissed a bunch of petitions challenging notification issued by the State Government under Section 3 read with Section 329 of the Rajasthan Municipalities Act 2009 (“the Act”), wherein several villages and Gram Panchayat areas that fell under the Scheduled Areas, notified under Para 6(2) of the 5th Schedule, were included in municipal limits. The division bench of Dr. Justice Pushpendra Singh Bhati and Justice Sanjeet Purohit held that such inclusion was not unconstitutional in absence of any exclusionary or modificatory notification by the Governor under Para 5(1) of the 5th schedule. The Court held that the municipal inclusion of a Scheduled Area did not dilute or extinguish its constitutional status under Article 244 read with 5th Schedule, and all protection, obligations and supervisory mechanisms continued to operate in full force. It was the case of the petitioners that since such villages were notified as scheduled area it attracted exclusive constitutional framework applicable to scheduled area, and the State Legislature lost its legislative competence to apply municipal laws. It was further held that Article 243-ZC(1) expressly created a constitutional prohibition against municipal regime in scheduled areas. After hearing the contentions, the Court formulated certain issues to be addressed, and addressed them in the following manner:Whether a Scheduled Area notified under the fifth schedule can be included within the municipal limits under the Act?The Court held that the constitutional scheme under Article 244(1) read with 5th schedule did not place scheduled areas outside the reach of all state legislations unless the Governor, in its exercise of powers under para 5(1) issued a notification, excluding or modifying the application of certain statute to the Scheduled Area. In absence of any such notification, the Act continued to operate within the Scheduled Areas and its operation must conform to the protective scheme and constitutional safeguard embodied in the 5th schedule. In this light, the Court held that in the present case since no such notification was placed on record, the statutory regime enacted by the State Legislature continued to operate by its own force. Mere constitutional status of an area as a Scheduled Area did not, by itself, created an absolute embargo on the application of State legislation.What was the scope and effect of Article 243-ZC in relation to Scheduled Areas?The Court opined that Article 243-ZC was to the effect that “Nothing in Part IX-A shall apply to the Scheduled Area”. It reflected that the exclusion was limited and it disabled only the constitutional mandate of Part IX-A without invalidating or suspending the operation of State municipal legislation. The Court held that the article, instead of prohibiting the existence of municipal administration in Scheduled Areas, ensured that any form of municipal governance in such areas operated within disciplined framework of 5th schedule, by erecting a 2-stage protective filter:Restraining automatic application of municipal constitutional framework in Part IX-AArticle 244(1) read with 5th schedule supplied controlling regulatory mechanism for all legislative and executive action in Schedules Areas.“…this Court finds that Articles 244(1), 243-ZC and the Fifth Schedule must be read harmoniously. The resulting constitutional position is clear: The Constitution guards Scheduled Areas, but it does not fossilise them. They are governed through calibrated constitutional supervision, not permanent insulation from lawful governance.”Whether such municipal inclusion denuded the area of constitutional protections under 5th schedule and relating constitutional guarantees?While answering the question in negative, the Court held that municipalisation may alter the structure of civic administration, it could not abrogate, suspend, or dilute the continuing constitutional responsibilities of the State towards Schedules Tribes. “All safeguards under the Fifth Schedule, the role of the Tribes Advisory Council, and the protective and developmental commitments flowing from Articles 46 and 275(1), including those operationalised through the Tribal Sub-Plan, continue to operate with full force. These constitutionally entrenched duties adhere to the territory and its people by command of the Constitution itself and are not contingent upon the form of local self-governance.”Also Read: Rajasthan High Court Flags Inclusion Of Scheduled Areas Within Municipalities' Limits Due To Legal Vacuum, Issues Hybrid ArrangementTitle: Anil Kumar Meena & Anr. v State of Rajasthan & Ors, and other connected petitionsCitation: 2026 LiveLaw (Raj) 10Click Here To Read/Download Order

Scheduled Areas Can Be Included In Municipal Limits Absent Governor's Exclusion Order: Rajasthan High Court

Nupur Aggarwal

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