पंचायत (अनुसूचित क्षेत्रों तक विस्तार) अधिनियम, 1996 (PESA)

The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) extends Part IX of the Constitution relating to Panchayats to the Scheduled Areas. Its aim is to empower tribal communities and ensure their self-governance. The constitutional basis lies in the need to provide a framework for local self-governance in areas with a predominantly tribal population, recognizing their unique social and cultural practices.

The key provisions of PESA include: * Extending Part IX of the Constitution to Scheduled Areas. * Empowering Gram Sabhas to safeguard and preserve traditions and customs. * Requiring Gram Sabha consent for land acquisition. * Giving Gram Sabhas control over minor forest produce, water bodies, and mineral resources. * Ensuring reservation of seats for Scheduled Tribes in Panchayats.

• •Extending Part IX of the Constitution to Scheduled Areas
• •Empowering Gram Sabhas to safeguard and preserve traditions and customs
• •Requiring Gram Sabha consent for land acquisition
• •Giving Gram Sabhas control over minor forest produce, water bodies, and mineral resources
• •Ensuring reservation of seats for Scheduled Tribes in Panchayats

Important legal frameworks related to PESA include: Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA), Part IX of the Constitution (The Panchayats), and Article 243G (Powers, authority and responsibilities of Panchayats).

Challenges in the effective implementation of PESA include: Debates on devolution of powers to Gram Sabhas and concerns about encroachment on tribal lands despite PESA.

In practice, PESA aims to empower Gram Sabhas in Scheduled Areas to manage their resources and govern themselves according to their traditions. Gram Sabha consent is required for land acquisition, and they have control over minor forest produce and water bodies. However, effective implementation varies across states, and challenges remain in ensuring genuine devolution of power.

PESA is significant in Indian democracy as it promotes decentralization and empowers tribal communities, ensuring their participation in governance and protecting their rights over natural resources. It strengthens local self-governance and recognizes the unique cultural identity of tribal populations.

Suggested reforms for PESA include strengthening the capacity of Gram Sabhas, ensuring greater awareness among tribal communities about their rights, and promoting better coordination between government departments to avoid overlapping jurisdictions. Some experts also suggest clarifying the definition of 'minor forest produce' to avoid ambiguity.

Limitations of PESA include: Inconsistent implementation across states, lack of clarity on the extent of powers devolved to Gram Sabhas, and continued encroachment on tribal lands despite the law. The effectiveness of PESA also depends on the political will of state governments.

Frequently asked aspects of PESA in UPSC include its objectives, key provisions related to Gram Sabhas, challenges in implementation, and its significance in empowering tribal communities. Questions often focus on the law's impact on decentralization and tribal rights.

PESA extends the provisions of Part IX of the Constitution to Scheduled Areas, with modifications to suit the unique needs and traditions of tribal communities. Unlike the general Panchayati Raj system, PESA emphasizes the role of Gram Sabhas in safeguarding tribal customs, managing natural resources, and consenting to land acquisition. PESA prioritizes tribal self-governance and cultural preservation.

The devolution of powers to Gram Sabhas under PESA is a positive step towards empowering tribal communities and recognizing their rights over natural resources. However, the effectiveness of this devolution depends on the political will of state governments and the capacity building of Gram Sabhas. Genuine empowerment requires adequate resources, awareness, and support from the administration.

PESA was enacted in 1996 to extend the provisions of Panchayats to Scheduled Areas. Since then, there have been debates and discussions on its effective implementation and the extent of devolution of powers to Gram Sabhas. Various amendments to state laws have been made to align with PESA, but challenges remain in ensuring genuine empowerment of tribal communities.