Source: TOI
Context:
In January 2026, Jharkhand notified rules under the Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA)—25 years after the state’s formation and nearly three decades after the law was enacted.
This finally operationalises tribal self-governance in Jharkhand’s Fifth Schedule areas.
What is PESA?
- PESA (1996) extends Part IX of the Constitution (Panchayati Raj) to Fifth Schedule tribal areas.
- It recognises the Gram Sabha as the primary authority over:
- Local governance
- Land and forests
- Community resources
- Enacted on 24 December 1996 to realise tribal self-rule in Scheduled Areas across nine States, including Jharkhand.
Why Was PESA Needed?
1. Colonial Dispossession
- British forest and land laws alienated tribal communities from customary lands.
- Traditional governance systems were weakened or destroyed.
2. Constitutional Gap
- Fifth Schedule (Article 244) aimed to protect tribal areas.
- But without local self-governance, protections remained weak.
3. 73rd Constitutional Amendment (1992)
- Introduced Panchayati Raj nationwide.
- Scheduled Areas were excluded due to their special status.
4. Bhuria Committee (1994–95)
- Recommended Gram Sabha–centric governance.
- Emphasised tribal control over natural resources and development.
5. Enactment of PESA (1996)
- Legalised direct democracy in tribal villages.
Key Features of PESA
1. Gram Sabha as Supreme Authority
- Village assemblies are the foundation of governance in Scheduled Areas.
- Bureaucratic control is subordinate to community decisions.
2. Protection of Customary Law & Culture
- Governance must respect:
- Tribal customs
- Religious practices
- Traditional dispute-resolution systems
3. Control Over Natural Resources
- Gram Sabhas exercise rights over:
- Minor forest produce (MFP)
- Village water bodies
- Community lands
4. Land Acquisition Safeguards
- Mandatory consultation with Gram Sabhas before land acquisition.
- Restoration of illegally transferred tribal land.
5. Local Economic & Social Regulation
- Powers to regulate:
- Village markets
- Money-lending
- Liquor
- Authority to identify beneficiaries of government schemes.
