Model Answer

The Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA) was enacted to extend the provisions of Part IX of the Constitution relating to Panchayati Raj Institutions (PRIs) to the Fifth Schedule areas, which are predominantly tribal regions. Recognising the distinct socio-cultural systems of Adivasi communities, PESA places the Gram Sabha at the centre of governance, making it the primary authority over local administration, natural resources, and development decisions. Enacted on 24 December 1996, PESA seeks to operationalise tribal self-rule in Scheduled Areas across nine States, including Jharkhand.

Significance of PESA in Tribal Self-Governance

1. Constitutional recognition of Gram Sabha supremacy

PESA marks a paradigm shift from representative to direct democracy in Scheduled Areas. Unlike general areas where Panchayats dominate, PESA accords primacy to the Gram Sabha, empowering it to approve development plans, identify beneficiaries, and safeguard community interests. This recognition restores traditional tribal governance systems that predate colonial administration.

2. Protection of customary laws and cultural autonomy

The Act mandates that Panchayats at all levels must function in consonance with tribal customs, traditions, and social practices. This is crucial in preserving indigenous institutions, religious practices, and dispute-resolution mechanisms, ensuring that governance does not become culturally alien or extractive.

3. Control over land and natural resources

PESA grants Gram Sabhas ownership and management rights over minor forest produce (MFP), village water bodies, and community lands. It also empowers them to prevent land alienation and restore unlawfully transferred tribal land. This provision directly addresses historical injustices arising from colonial forest laws and post-Independence development-induced displacement.

4. Safeguards against forced land acquisition

By making consultation with Gram Sabhas mandatory before land acquisition and rehabilitation, PESA transforms village assemblies into constitutional gatekeepers. This provision strengthens informed consent and acts as a legal shield against arbitrary mining, industrial, and infrastructure projects in tribal regions.

5. Deepening participatory and inclusive democracy

PESA goes beyond electoral democracy by mandating participation of all adults in village decision-making. In several regions, it has enhanced women’s participation and collective deliberation, making governance more inclusive and socially embedded.

Challenges in Effective Implementation of PESA

1. Dilution by State Governments

PESA is a framework law, requiring States to notify their own rules. Many States have diluted its spirit by reducing the Gram Sabha’s role to an advisory body, thereby undermining its decision-making authority. Delayed rule-making, as seen in Jharkhand, further weakens its impact.

2. Bureaucratic dominance and administrative inertia

Despite statutory backing, bureaucratic control over funds, project approvals, and implementation persists. Gram Sabha resolutions are often ignored, and parallel administrative structures continue to dominate governance in Scheduled Areas.

3. Circumvention for industrial and mining projects

Large-scale projects frequently bypass Gram Sabha consent through procedural loopholes, coercion, or token consultations. This has led to continued displacement and ecological degradation, defeating the core objective of PESA.

4. Weak constitutional oversight

Governors and Tribal Advisory Councils, entrusted under the Fifth Schedule with safeguarding tribal interests, rarely exercise their discretionary powers effectively. This institutional apathy renders PESA protections largely dormant.

5. Low awareness and capacity constraints

High levels of legal illiteracy, limited administrative capacity, and lack of technical support mean that many tribal communities remain unaware of their rights under PESA or unable to assert them effectively.

Conclusion

PESA represents India’s constitutional promise of tribal self-rule, justice, and dignity. Its true potential lies not merely in notification but in faithful implementation. Unless Gram Sabhas are empowered as genuine decision-makers, development in Scheduled Areas will continue to be extractive rather than inclusive. Jharkhand’s recent notification will be meaningful only if it restores authority to tribal communities over their land, resources, and destiny.