Score:
9.5/15
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Topper’s Copy
GS2
Indian Polity
15 marks
What is the Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA)? Examine its significance in empowering tribal self-governance in Fifth Schedule areas. Discuss the major challenges in its effective implementation.
Student’s Answer
Evaluation by SuperKalam
Demand of the Question
- Definition and scope of PESA 1996
- Significance in empowering tribal self-governance in Fifth Schedule areas
- Major challenges in effective implementation
- Way forward/solutions (implied)
What you wrote:
Despite 30 years of PESA, a 2023 Ministry of Tribal Affairs review shows most fifth schedule states have not fully empowered Gram Sabhas
Despite 30 years of PESA, a 2023 Ministry of Tribal Affairs review shows most fifth schedule states have not fully empowered Gram Sabhas
Suggestions to improve:
- Could begin with PESA's full form and constitutional context (e.g., 'PESA 1996 extends Panchayati Raj provisions under Part IX to Fifth Schedule areas, recognizing tribal autonomy while ensuring constitutional governance').
What you wrote:
What is PESA, 1996
1. Extends Part IX of the constitution to fifth Schedule areas with safeguards.
2. Aims at tribal self rule, cultural autonomy and community control over resources.
What is PESA, 1996
1. Extends Part IX of the constitution to fifth Schedule areas with safeguards.
2. Aims at tribal self rule, cultural autonomy and community control over resources.
Suggestions to improve:
- Could elaborate on constitutional framework (e.g., 'Article 244(1) empowers Governor to declare tribal areas as Scheduled Areas under Fifth Schedule')
- Can mention PESA as response to Bhuria Committee recommendations for extending Panchayati Raj with tribal-specific modifications
What you wrote:
Significance in Empowering Tribal self governance
1. Gram Sabha Supremacy: Central authority in planning, beneficiary selection and project approval.
2. Control over natural resources: Ownership of Minor Forest Produce, minor minerals and minor water bodies. e.g. Community management of tendu leaves.
3. Protection of land rights: Prevents land alienation and restores illegally transferred land.
4. Consent in development projects: Mandatory consultation for land acquisition and rehabilitation e.g. Niyamgiri judgement (2013).
5. Cultural safeguards: State law must respect customary laws and traditions.
Significance in Empowering Tribal self governance
1. Gram Sabha Supremacy: Central authority in planning, beneficiary selection and project approval.
2. Control over natural resources: Ownership of Minor Forest Produce, minor minerals and minor water bodies. e.g. Community management of tendu leaves.
3. Protection of land rights: Prevents land alienation and restores illegally transferred land.
4. Consent in development projects: Mandatory consultation for land acquisition and rehabilitation e.g. Niyamgiri judgement (2013).
5. Cultural safeguards: State law must respect customary laws and traditions.
Suggestions to improve:
- Could add statistical impact (e.g., 'PESA covers approximately 118 districts across 10 states affecting over 1 crore tribal population')
- Can mention specific powers like village-level dispute resolution and traditional governance recognition
What you wrote:
Challenges
1. State level dilution: PESA powers are often shifted to line departments. e.g. Only 6/10 5th schedule States have framed effective PESA rules till 2022.
2. Bureaucratic dominance: Administrative control often sidelines community decisions.
3. Legal conflicts: Overlap with forest, mining and land acquisition laws undermines PESA.
4. Low Awareness: A Ministry of Tribal Affairs survey shows less than 40% tribal known about PESA powers.
5. Corporate pressure: Mining interests reduce consultation to formality.
6. Fiscal Weakness: Panchayats lack funds and trained manpower.
Challenges
1. State level dilution: PESA powers are often shifted to line departments. e.g. Only 6/10 5th schedule States have framed effective PESA rules till 2022.
2. Bureaucratic dominance: Administrative control often sidelines community decisions.
3. Legal conflicts: Overlap with forest, mining and land acquisition laws undermines PESA.
4. Low Awareness: A Ministry of Tribal Affairs survey shows less than 40% tribal known about PESA powers.
5. Corporate pressure: Mining interests reduce consultation to formality.
6. Fiscal Weakness: Panchayats lack funds and trained manpower.
Suggestions to improve:
- Could mention specific legal conflicts (e.g., 'Forest Rights Act 2006 overlap with PESA creating jurisdictional confusion over forest governance')
- Can add capacity-related challenges (e.g., 'lack of technical expertise in Gram Sabhas for evaluating mining projects')
What you wrote:
With legal reform, financial empowerment and genuine Gram sabha authority, PESA can ensure meaningful tribal self-rule and inclusive, sustainable development.
With legal reform, financial empowerment and genuine Gram sabha authority, PESA can ensure meaningful tribal self-rule and inclusive, sustainable development.
Suggestions to improve:
- Could strengthen with constitutional values reference (e.g., 'ensuring PESA's effective implementation upholds constitutional commitment to tribal dignity and participatory democracy enshrined in the Preamble').
Excellent answer demonstrating strong analytical skills and comprehensive coverage of all demands. Your use of recent data and specific examples like Niyamgiri judgment shows good current affairs integration. The structured approach and solution-oriented conclusion reflect mature understanding of tribal governance issues.
Demand of the Question
- Definition and scope of PESA 1996
- Significance in empowering tribal self-governance in Fifth Schedule areas
- Major challenges in effective implementation
- Way forward/solutions (implied)
What you wrote:
Despite 30 years of PESA, a 2023 Ministry of Tribal Affairs review shows most fifth schedule states have not fully empowered Gram Sabhas
Despite 30 years of PESA, a 2023 Ministry of Tribal Affairs review shows most fifth schedule states have not fully empowered Gram Sabhas
Suggestions to improve:
- Could begin with PESA's full form and constitutional context (e.g., 'PESA 1996 extends Panchayati Raj provisions under Part IX to Fifth Schedule areas, recognizing tribal autonomy while ensuring constitutional governance').
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