Previous Year Question

The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 is commonly known as the PESA Act. It extended the Panchayati Raj provisions contained in Part IX of the Constitution to the Fifth Schedule Areas, subject to specified exceptions and modifications.

Providing self-government is an objective of PESA. The Act recognises the Gram Sabha as the central institution of local self-government in Scheduled Areas. The Gram Sabha is competent to safeguard the traditions, customs, cultural identity and community resources of the people, as well as their customary mode of dispute resolution.

Recognition of traditional rights is also an objective. State legislation concerning Panchayats in Scheduled Areas must be consistent with customary law, social and religious practices and traditional management practices concerning community resources.

Protecting tribal people from exploitation is also part of the PESA framework. For this purpose, the law provides for powers concerning the ownership of minor forest produce, management of village markets, control over moneylending and prevention of unlawful alienation of tribal land. Consultation with the Gram Sabha or the appropriate-level Panchayat is also required before land acquisition for development projects and the rehabilitation of affected persons in Scheduled Areas.

Creating autonomous regions is not an objective of PESA. The constitutional arrangement for autonomous districts and autonomous regions is principally contained in the Sixth Schedule. It provides for Autonomous District Councils and Autonomous Regional Councils in specified tribal areas of Assam, Meghalaya, Tripura and Mizoram.

PESA empowers Gram Sabhas and Panchayats in Fifth Schedule Areas; it does not create new autonomous territorial units on the pattern of the Sixth Schedule.