What is Panchayats (Extension to Scheduled Areas) Act (PESA)?
Historical Background
Key Points
9 points- 1.
Extends Part IX of the Constitution to Scheduled Areas with certain modifications
- 2.
Empowers Gram Sabhas to safeguard and preserve traditions, customs, cultural identity, community resources, and customary mode of dispute resolution
- 3.
Requires consultation with Gram Sabha in land acquisition, resettlement, and rehabilitation of displaced persons
- 4.
Grants Gram Sabha the power to manage natural resources, including land, water, and forests, within their traditional boundaries
- 5.
Ensures that a certain proportion of seats in Panchayats at all levels are reserved for Scheduled Tribes
- 6.
Provides for prior recommendation of the Gram Sabha for granting prospecting licenses or mining leases for any mineral in the Scheduled Areas
- 7.
Prevents alienation of land in Scheduled Areas and restores unlawfully alienated land to Scheduled Tribes
- 8.
Gives Gram Sabha control over local plans and resources for such plans including tribal sub-plans
- 9.
Mandates state legislation to be consistent with customary law, social and religious practices, and traditional management practices of community resources
Visual Insights
Evolution of PESA Act
Timeline showing the key events leading to the enactment and implementation of the PESA Act.
PESA was enacted to address historical injustices faced by tribal communities and to integrate traditional governance structures with modern Panchayati Raj Institutions. However, implementation has been uneven and faced challenges.
- 199273rd Constitutional Amendment Act: Provided for Panchayati Raj Institutions
- 1995Bhuria Committee Report: Recommended extension of Panchayati Raj to Scheduled Areas
- 1996PESA Act Enacted: Extended Part IX of the Constitution to Scheduled Areas
- 2010Several states framed rules under PESA, but implementation remained uneven
- 2015Debates on strengthening Gram Sabhas and their role in natural resource management
- 2020Discussions on amending PESA to address implementation gaps
- 2026Jharkhand's PESA Rules Face Opposition from BJP and Adivasi Groups
PESA Act: Key Components and Implications
Mind map illustrating the key components of the PESA Act and its implications for tribal governance and resource management.
PESA Act 1996
- ●Empowerment of Gram Sabhas
- ●Protection of Tribal Rights
- ●Natural Resource Management
- ●Challenges in Implementation
Recent Developments
5 developmentsSeveral states have framed rules under PESA, but implementation varies
Challenges in balancing traditional rights with development projects
Conflicts between Gram Sabhas and state governments over control of natural resources
Debate on the effectiveness of PESA in empowering tribal communities
Jharkhand's recent notification of PESA rules and subsequent opposition