PESA Act, 1996: Reclaiming Tribal Self-Governance through Gram Sabha Empowerment

22 Dec PESA Act, 1996: Reclaiming Tribal Self-Governance through Gram Sabha Empowerment

Posted at 22 Dec 2025 in Current Affairs by Ritik singh 0 Comments

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GS- 2- Polity- PESA Act, 1996: Reclaiming Tribal Self-Governance through Gram Sabha Empowerment

FOR PRELIMS

What is the PESA Act, 1996?

FOR MAINS

What powers does the PESA Act give to Gram Sabhas regarding land and forest resources?

Why in the News?

The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) has returned to national focus amid renewed policy attention on tribal self-governance and grassroots democracy, especially in the context of the implementation review of the PESA Act, increasing demands for effective empowerment of Gram Sabhas in Scheduled Areas, and recent government initiatives such as PM-JANMAN (Pradhan Mantri Janjati Adivasi Nyaya Maha Abhiyan) and Dharti Aaba Abhiyan, which seek to strengthen tribal rights over land, forests, and livelihoods.

Panchayati Raj System: Constitutional Framework

The 73rd Constitutional Amendment (1993) added Part IX and the Eleventh Schedule to the Constitution, laying the foundation for decentralised democracy.
Key Features:
Three-tier structure:
1. Gram Panchayat (village level)
2. Panchayat Samiti (block/intermediate level)
3. Zilla Parishad (district level)

29 subjects under the Eleventh Schedule for local governance.
Direct elections at all three levels.
Reservation of seats for SCs, STs, and women.
Gram Sabha as the basic unit of democracy, comprising all registered voters of a village.

PESA Act, 1996: Extending Democracy to Scheduled Areas

Aspect	PESA Act, 1996 – Key Provisions
Objective	Extend the Panchayati Raj system to Fifth Schedule (Scheduled) Areas while respecting tribal customs, traditions, and social practices
Core Principle	Gram Sabha as the pivot of governance, with primacy over Panchayats and administrative bodies
Legal Status of Gram Sabha	Powers of Gram Sabha override inconsistent State Panchayat laws
Land Acquisition & Rehabilitation	Mandatory consultation/consent of Gram Sabha for land acquisition, resettlement, and rehabilitation
Minor Forest Produce (MFP)	Gram Sabha empowered to manage, own, and safeguard minor forest produce
Minor Minerals	Gram Sabha consultation required before granting minor mineral concessions
Development Projects	Prior approval/consultation of Gram Sabha mandatory for developmental and welfare projects
Customary Laws	Protection of customary laws, cultural identity, and traditional dispute-resolution mechanisms
State Legislature’s Role	State laws must be in consonance with PESA; dilution of core provisions not permitted
Governance Model	Community-led, participatory, and bottom-up governance
Significance	Makes PESA a unique constitutional experiment in tribal self-rule and decentralised democracy

Scheduled Areas under the Fifth Schedule (India)

Aspect	Details
Total States with Fifth Schedule Areas	10 States
States Covered	Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Telangana

Administrative Coverage of Fifth Schedule Areas

Indicator	Coverage
Villages	77,564
Panchayats	22,040
Blocks	664
Districts (Fully Covered)	45
Districts (Partially Covered)	63

Status of PESA Rules Notification

Category	States
States with PESA Rules Notified	8 States
States with Draft PESA Rules	Odisha, Jharkhand

PESA Mahotsav 2025: Celebrating Tribal Self-Governance

The Ministry of Panchayati Raj (MoPR) will organise PESA Mahotsav 2025 in Visakhapatnam, Andhra Pradesh (23–24 December 2025), commemorating the enactment of the PESA Act.
Objectives:
1. Celebrate tribal culture, sports, and cuisine
2. Showcase traditional games such as Chakki Khel, Puli Meka, Mallakhamba, Gedi Doud
3. Promote awareness about tribal rights and self-governance
4. Provide a national platform for tribal communities to preserve and promote their heritage

Government Initiatives for Effective Implementation of PESA Act

Area of Intervention	Key Initiatives & Measures
Capacity Building	• National and regional PESA conferences conducted • Two rounds of Master Trainer programmes (2024–25) in 7 anchor states • Over 1 lakh elected representatives and officials trained
Digital Governance	• Launch of PESA–Gram Panchayat Development Plan (GPDP) Portal (September 2024) • Enables hamlet-wise planning and bottom-up governance • Facilitates convergence of Central & State Finance Commission grants, Centrally Sponsored Schemes, State schemes, and other funds
Institutional Support	• Establishment of a dedicated PESA Cell in the Ministry of Panchayati Raj (MoPR) • PESA manuals translated into regional and tribal languages (Santhali, Gondi, Bhili, Mundari) • Creation of Centres of Excellence (CoEs) in central universities • First CoE set up at Indira Gandhi National Tribal University, Amarkantak
Awareness Building	• 24 December declared as ‘PESA Day’ • National-level PESA event organised in Ranchi (2024)

PESA in Action: Success Stories and Best Practices

1. Empowered Gram Sabha and Livelihood Generation – Khamdhogi, Chhattisgarh
Formation of Gram Sabha under Chhattisgarh PESA Rules, 2022
Mandatory participation of one man and one woman from each household
Initiatives in forest produce, fisheries, bamboo rafting
Result: Increased incomes, collective action, and sustainable livelihoods
2. Integrating Customary Practices – Rarang, Himachal Pradesh
Community-led Chilgoza pine nut harvesting
Equal benefit-sharing among households
Forest department consultation made mandatory
Result: Preservation of traditions with economic equity
3. Minor Minerals Management – Vadagudem, Telangana
Tribal Sand Mining Cooperative Society
Rs. 40 lakh annual revenue
Funds invested in education, health, and infrastructure
Result: Economic empowerment and local development
4. Resisting Displacement – Bhim Talai, Rajasthan
Gram Sabha resolution against eviction from wildlife sanctuary
Legal backing under PESA and Panchayati Raj Act
Result: Protection of land rights and cultural continuity

Conclusion

The PESA Act represents a transformative shift from top-down development to community-led governance in India’s Scheduled Areas. Through initiatives such as PESA Mahotsav, capacity-building, digital planning tools, and institutional support, the Government of India particularly the Ministry of Panchayati Raj, is reinforcing the constitutional promise of tribal self-rule. By empowering Gram Sabhas, preserving traditional institutions, and promoting sustainable resource management, PESA strengthens inclusive development, social justice, and democratic deepening, ensuring that tribal communities remain active architects of their own future.

Prelims question:

Q. With reference to the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), consider the following statements:

1. PESA extends the provisions of the 73rd Constitutional Amendment to Fifth Schedule Areas with suitable modifications.
2. Under PESA, the Gram Sabha has primacy over Panchayats in matters related to land acquisition and minor forest produce.
3. State legislatures are free to dilute PESA provisions to suit local administrative requirements.
4. Consultation with Gram Sabha is mandatory before granting concessions for minor minerals in Scheduled Areas.
Which of the statements given above are correct?
(a) 1, 2 and 4 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2, 3 and 4

Answer: A

Mains Question:

Q. The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) is considered a landmark in tribal self-governance. Discuss its significance, key provisions, and the challenges in its effective implementation.

(250 words)

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