In the areas covered under the Panchayat (Extension to the Scheduled Areas) Act, 1996, what is the role/power of Gram Sabha?

1. Gram Sabha has the power to prevent alienation of land in the Scheduled Areas.
2. Gram Sabha has the ownership of minor forest produce.
3. Recommendation of Gram Sabha is required for granting prospecting license or mining lease for any mineral in the Scheduled Areas.

Which of the statements given above is/are correct?

1. 1 only
2. 1 and 2 only
3. 2 and 3 only
4. 1, 2 and 3

Explanation

Statements 1 and 2 are correct

• The provisions of Part IX of the constitution relating to the Panchayats are not applicable to the Fifth Schedule areas. To address this gap, the Panchayats (Extension to the Scheduled Areas) Act, 1996 was enacted by Parliament. Popularly known as the PESA Act, it extends the provisions of Part IX of the Constitution of India to the Scheduled Areas, with certain modifications to safeguard the customs, traditions, and rights of tribal communities.
• The following powers & functions have been provided to the Gram Sabhas under the Act:
  • Right to mandatory consultation in land acquisition, resettlement and rehabilitation of displaced persons.
  • Protection of traditional beliefs and the culture of the tribal communities
  • Ownership of minor forest products
  • Resolution of the local disputes
  • Prevention of land alienation
  • Management of village markets
  • Right to control production, distillation, and prohibition of liquor
  • Exercise of control over money-lending
  • Any other rights involving the Scheduled Tribes.

Statement 3 is incorrect

• The recommendations of the Gram Sabha or the Panchayats at the appropriate level shall be mandatory for grant of prospecting licence or mining lease for minor minerals (not all minerals) in the Scheduled Areas.

Answer: (b) 1 and 2 only; Difficulty Level: Hard