Explain in brief the main features of Panchayats (Extension to the Scheduled Areas) Act, 1996.

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Q. Explain in brief the main features of Panchayats (Extension to the Scheduled Areas) Act, 1996.

The Panchayats (Extension to the Scheduled Areas) Act, 1996, commonly referred to as the PESA Act, was enacted to extend the provisions of Part IX of the Constitution (related to Panchayats) to the Scheduled Areas of India. These Scheduled Areas are predominantly inhabited by tribal communities, and were earlier excluded from the 73rd Constitutional Amendment due to their unique social and cultural context.

The PESA Act was enacted by the Parliament on 24th December 1996, in compliance with Article 243M(4)(b) of the Constitution. Its main objective is to empower tribal communities in Scheduled Areas through self-governance, in line with their traditional customs and practices.

✅ Main Features of PESA Act, 1996

Here are the key features of the PESA Act, 1996:

1. Extension of Part IX to Scheduled Areas

The Act legally extends the 73rd Amendment to the Scheduled Areas listed under the Fifth Schedule of the Constitution, while respecting tribal customs, traditional practices, and community resources.

2. Gram Sabha as the Fundamental Unit of Self-Governance

  • The Gram Sabha is given supreme authority in decision-making within village areas.
  • It is empowered to safeguard and preserve:
    • Traditions and customs of the tribes
    • Cultural identity
    • Community resources
    • Customary mode of dispute resolution

This provision recognizes tribal self-rule at the grassroots level.

3. Consent and Consultation of Gram Sabha

The Gram Sabha must be consulted or give consent before taking decisions on:

  • Land acquisition and rehabilitation
  • Implementation of development projects
  • Use of minor forest produce
  • Leasing of land or mining rights in the Scheduled Areas
  • Re-settlement or displacement of tribal people

This ensures participatory and informed decision-making.

4. Control over Natural Resources

  • Panchayats and Gram Sabhas have the power to manage minor water bodies, collect and sell minor forest produce, and control over local markets.
  • The Act mandates that the tribal people have ownership rights over community resources.

This strengthens economic self-reliance and livelihood security of tribal communities.

5. Preservation of Traditional Rights and Justice System

  • PESA recognizes the customary laws, social and religious practices, and traditional modes of dispute resolution.
  • The Gram Sabha is empowered to function as a dispute resolution body, which reduces dependency on external legal systems.

6. Control over Local Institutions and Programmes

  • The Gram Sabha or Panchayats are authorized to control:
    • Local institutions like schools, health centres, and anganwadis
    • Social sectors like education, health, and nutrition
    • Selection of beneficiaries under poverty alleviation and other schemes

This ensures local accountability and better service delivery.

7. Prohibition on Land Alienation

  • PESA mandates that land in Scheduled Areas cannot be transferred to non-tribals.
  • Any such illegal transfer is declared null and void.
  • The Gram Sabha has the power to restore unlawfully alienated land to the tribal owner.

This protects tribal people from land dispossession and exploitation.

8. Reservation in Panchayati Raj Institutions

  • The Act ensures reservation for Scheduled Tribes in all tiers of Panchayati Raj Institutions (PRIs) within Scheduled Areas.
  • This strengthens political representation and leadership opportunities for tribal people.

9. Adaptation by States

  • States with Scheduled Areas are required to enact their own laws to implement the provisions of the PESA Act.
  • These laws must be in harmony with tribal customs and the intent of the Act.

However, in practice, the implementation has been uneven and slow, and many states have not fully empowered the Gram Sabhas as per the spirit of PESA.

✅ States Covered under PESA Act

The Act applies to 10 states that have Scheduled Areas:

  1. Andhra Pradesh
  2. Chhattisgarh
  3. Gujarat
  4. Himachal Pradesh
  5. Jharkhand
  6. Madhya Pradesh
  7. Maharashtra
  8. Odisha
  9. Rajasthan
  10. Telangana

✅ Conclusion

The Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) is a progressive law that recognizes the self-governing rights of tribal communities in Scheduled Areas. It empowers Gram Sabhas to act as decision-making bodies and custodians of local resources, ensuring tribal autonomy, cultural preservation, and grassroots democracy.

Despite its progressive intent, lack of political will, bureaucratic resistance, and weak implementation in many states have hindered its effectiveness. For the true empowerment of tribal populations, it is essential to strengthen the Gram Sabha, ensure effective devolution of powers, and build capacity at the local level.

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