30 Year's of PESA Act

The Ministry of Panchayati Raj recently organised PESA Mahotsav: Utsav Lok Sanskriti Ka in Visakhapatnam. The event marked the 30th anniversary of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA).

About the PESA Act

Origin: Enacted in 1996 following the Bhuria Committee (1995), which recommended tribal self-rule to correct the historical exclusion of Scheduled Areas from mainstream decentralisation.
Constitutional Gap: PESA was designed to cover Fifth Schedule Areas left outside the 73rd Constitutional Amendment (Part IX of the Constitution), ensuring self-governance.
Tribal Governance: The Act empowers Gram Sabhas and Panchayats in Fifth Schedule Areas to uphold traditional governance systems and exercise enhanced local authority.
State Legislature Role: State legislatures are expected to play a facilitative and advisory role.
Institutional Responsibility: The Ministry of Panchayati Raj (MoPR) acts as the nodal ministry.
Spatial Reach: Operates across 10 Fifth Schedule states, spanning ~77,500 villages and ~22,000 Panchayats, giving PESA national-scale relevance.

Significance of the PESA Act

Demographic Empowerment: Covers 8.6% of India’s population belonging to Scheduled Tribes, addressing governance in some of the most marginalised regions.
Gram Sabha Supremacy: Gram Sabha is the core institution of self-governance in Scheduled Areas, with authority over social, economic and cultural matters affecting the community.
Land Protection: Mandatory consultation and consent of Gram Sabha before land acquisition, resettlement or rehabilitation in Scheduled Areas, preventing arbitrary land alienation.
Forest Rights Control: Gram Sabhas have ownership and management rights over minor forest produce, strengthening livelihood security for tribal households.
Mining Regulation: Recommendation of Gram Sabha is required for granting leases for minor minerals.
Customary Law Recognition: Traditional customs, dispute resolution mechanisms and cultural practices of tribal communities are legally recognised and protected.
Social Regulation: Gram Sabhas are empowered to prevent intoxicant abuse and regulate money-lending practices to protect vulnerable households.

Salient Features of the PESA Act

Gram Sabha: Every village must have a Gram Sabha or village assembly composed of adults registered to vote in that village’s Panchayat.
Composition: Reserved seats for STs, SCs, and others must reflect actual population percentages in the Panchayat area; STs receive at least 50% of seats if their population is below 50%. Every Chairperson at all levels must be an ST.
Consonance with Customary Law: State laws must adhere to tribal laws, customs, and practices to protect traditional governance and cultural identity.
Mandatory Approval: Gram Sabha approval is mandatory before village Panchayats implement any development plans; it also decides who benefits from welfare programmes.
Village Defined: A village is defined as a habitation or group of habitations/hamlets that forms a community and shares traditions and customs, not by administrative boundaries.
Financial Certification Requirement: Village Panchayats must obtain a certificate from the Gram Sabha confirming that funds for plans or programmes were correctly used.
Gram Sabha’s Competence: Every Gram Sabha has the authority to protect its way of life, traditions, resources, and modes of dispute resolution.
Nomination of Unrepresented Tribes: If some ST groups do not have elected members, the state government can nominate them at the block or district levels to ensure representation.

Government Initiatives for PESA Act Implementation

Dedicated PESA Cell: Established in MoPR for focused coordination, monitoring & inter-state support.
Capacity Building: Two rounds of master-trainer programmes trained 1 lakh+ representatives.
Digital Enablement: PESA–Gram Panchayat Development Plan Portal for fund tracking.
Language Access: Translation of PESA manuals into tribal languages to improve comprehension.
Academic Support: Centres of Excellence set up in universities to document customs & best practices.
Knowledge Sharing: Publication of 40 PESA success stories to enable cross-state learning.

Key Issues in PESA Implementation

Uneven Rule Adoption: Only 8 out of 10 Fifth Schedule states have notified PESA Rules, creating legal uncertainty in Odisha and Jharkhand.
Diluted Authority: In the Hasdeo Arand coal blocks (Chhattisgarh), forest and mining clearances proceeded despite multiple Gram Sabha resolutions opposing mining.
Capacity Constraints: During MoPR-led assessments, more than 40% of elected representatives in PESA Panchayats were unable to explain the concept of Gram Sabha clearly.
Monitoring Gaps: Absence of a unified monitoring framework across ~63 Fifth Schedule districts weakens accountability and enforcement.
Administrative Resistance: In the Polavaram irrigation project (Andhra Pradesh), displacement continued under sectoral project laws even as PESA-mandated Gram Sabha consent was contested.

Way Forward

Law Convergence: Integrate PESA with the Forest Rights Act (2006) and Land Acquisition Act (2013) so Gram Sabha consent becomes a single, binding clearance.
Clear Role Allocation: Clearly demarcate responsibilities between MoPR and Ministry of Tribal Affairs; E.g., MoPR to handle governance processes, MoTA to safeguard land, forest and livelihood rights.
Uniform Rule Design: Develop model PESA Rules for adoption by all states; E.g., central templates with limited state flexibility to prevent dilution.
Continuous Capacity Support: Shift from one-time training to ongoing handholding; E.g., community paralegal and barefoot governance facilitator pilots.
Incentive Alignment: Link effective PESA compliance to funding incentives; E.g., higher untied grants for Panchayats demonstrating strong Gram Sabha-led governance.

Tribal self-governance under PESA requires empowered Gram Sabhas, clear laws, and sustained capacity-building; without these, development remains procedural. As PM Modi said, “Opportunities must reach tribal youth.”

Reference: PIB

PMF IAS Pathfinder for Mains – Question 475

Approach

Introduction: Write a concise introduction about the Panchayats (Extension to Scheduled Areas) Act, 1996.
Body: Examine the extent to which the PESA Act, 1996, has enabled genuine tribal self-governance, mention implementation gaps and way forward.
Conclusion: Focus on an empowered and accountable gram sabha for pro-tribal development.