Scheduled Areas Retain Constitutional Protections Despite Urban Governance
In a landmark ruling, the Rajasthan High Court, comprising Justices Dr. Pushpendra Singh Bhati and Sanjeet Purohit, upheld the inclusion of Scheduled Areas within municipal limits under the Rajasthan Municipalities Act, 2009. The decision, delivered on January 5, 2026, addresses the constitutional validity of notifications issued by the State Government that subjected various Scheduled Areas to municipal governance.
The court emphasized that the constitutional status of Scheduled Areas, as governed by Article 244(1) and the Fifth Schedule of the Constitution, remains intact despite their inclusion within municipal boundaries. The judgment clarifies that such inclusion is not unconstitutional unless a notification by the Governor under paragraph 5 of the Fifth Schedule excludes or modifies the application of the Act.
The court noted that the Rajasthan Municipalities Act, 2009, is applicable to Scheduled Areas unless explicitly excluded by the Governor. It further stated that the constitutional protections, including tribal welfare, land security, and cultural integrity, continue to operate unaffected by urban governance structures. The court rejected the argument that the mere notification of an area as a Scheduled Area creates an absolute constitutional embargo on the application of State legislation.
Additionally, the court expressed concern over the absence of a Parliamentary enactment extending the municipal framework to Scheduled Areas. It urged the State to present this judgment to the Union Government for legislative consideration, aiming to address governance challenges in municipalized Scheduled Areas effectively.
The decision impacts multiple petitions challenging the inclusion of Scheduled Areas within municipal limits, asserting that the municipal inclusion does not denotify or dilute their constitutional protections. The ruling is expected to have significant implications for urban governance and tribal rights in Rajasthan and potentially other states with similar governance frameworks.
Bottom Line:
Scheduled Areas and Municipal Inclusion - Municipal inclusion of Scheduled Areas under Rajasthan Municipalities Act, 2009 is not unconstitutional per se, provided no notification by Governor under Fifth Schedule excludes or modifies its application. Constitutional protections for Scheduled Areas remain intact despite municipal inclusion.
Statutory provision(s): Article 244(1), Fifth Schedule of the Constitution of India, Article 243-ZC(1), Rajasthan Municipalities Act, 2009, Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA).
Ankit Kumar Meena v. State of Rajasthan, (Rajasthan)(DB) : Law Finder Doc Id # 2833764
