Key Terms & Concepts — UPSC Mains
PESA Act (1996)
"The Panchayats (Extension to Scheduled Areas) Act 1996, which extends panchayati raj institutions to Fifth Schedule tribal areas with special modifications to protect tribal rights and Gram Sabha powers."
The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) was enacted to extend the provisions of Part IX of the Constitution (73rd Constitutional Amendment, panchayati raj) to the Fifth Schedule Scheduled Areas covered in 10 states. Article 243M of the Constitution exempts Scheduled Areas and tribal areas from the automatic application of Part IX — PESA bridges this gap by providing a tailored panchayati raj framework that respects tribal customs and traditions. PESA's core philosophy is that the Gram Sabha is the foundation of tribal governance — it is the primary democratic institution at the village level. PESA mandates that states shall ensure the Gram Sabha is consulted before land acquisition in Scheduled Areas; the Gram Sabha must approve plans for exploitation of minor forest produce; the Gram Sabha has the power to manage natural resources; the Gram Sabha's recommendations are mandatory before granting mining leases in Scheduled Areas; and tribal customary law, social and religious practices, and community resources shall be respected in dispute resolution. The Act applies to 10 states: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana. However, implementation has been deeply inadequate — many states have enacted PESA rules only partially or with dilutions, mines have been granted without Gram Sabha consultation, and tribal customary laws are rarely recognised in official dispute resolution.
Important for UPSC GS2 on tribal governance, federalism, and Panchayati Raj. Also GS3 Environment for tribal land and forest rights. Distinguish PESA (Gram Sabha in Scheduled Areas) from FRA (Forest Rights Act — recognising individual and community forest rights) from Fifth Schedule (constitutional framework) from Sixth Schedule (Autonomous District Councils in northeastern states). PESA rules (2022) were notified by the Centre to guide states — a recent development. Key Supreme Court judgment: Samatha (1997) reinforced no mining leases to non-tribals in Scheduled Areas.
- 1 PESA 1996: extends Part IX (73rd Amendment) to Scheduled Areas of 10 states
- 2 Article 243M: normally exempts Scheduled Areas from panchayati raj — PESA bridges this
- 3 Gram Sabha: foundation of governance; must be consulted on land, resources, and development
- 4 Key PESA powers: land acquisition consultation, mining lease approval, minor forest produce management
- 5 Tribal customary law and traditions to be respected in dispute resolution
- 6 Applies to: AP, Chhattisgarh, Gujarat, HP, Jharkhand, MP, Maharashtra, Odisha, Rajasthan, Telangana
- 7 PESA Rules 2022: Centre notified model PESA rules to guide states
- 8 Implementation: weak — states have diluted Gram Sabha powers in practice
When a state government in central India proposed diverting forest land for a coal mine in a PESA-covered Scheduled Area, tribal Gram Sabhas passed resolutions opposing the project. The National Green Tribunal and High Court, citing PESA and FRA provisions, directed that no diversion could proceed without free, prior, and informed consent of the Gram Sabha.