Previous Year Question
In the areas covered under the Panchayat (Extension to the Scheduled Areas) Act, 1996, what is the role/power of the Gram Sabha?
Gram Sabha has the power to prevent alienation of land in the Scheduled Areas.
Gram Sabha has the ownership of minor forest produce.
Recommendation of Gram Sabha is required for granting prospecting licence or mining lease for any mineral in the Scheduled Areas.
Which of the statement(s) given above is/are correct?
Only 1
1 and 2
2 and 3
1, 2 and 3
Correct Answer: B
Detailed Solution
Statement 1 is correct. Under Section 4(m)(iii) of the PESA Act, 1996, State legislation must endow the Gram Sabha and Panchayats at the appropriate level with the power to prevent alienation of land in Scheduled Areas and to take appropriate action to restore land unlawfully alienated from a Scheduled Tribe.
This provision is important because the transfer of tribal land to non-tribal persons through debt, fraud, coercion or unlawful transactions has been a major problem in Scheduled Areas. PESA does not treat the Gram Sabha merely as a consultative institution; it assigns it a substantive role in protecting local resources and tribal rights.
Statement 2 is correct. Section 4(m)(ii) provides for the ownership of minor forest produce by the Gram Sabha and Panchayats at the appropriate level. Minor forest produce may include bamboo, tendu leaves, honey, wax, lac, medicinal plants, herbs and other non-timber forest products. This right is connected with tribal livelihoods and the traditional control of local communities over natural resources.
Statement 3 is incorrect. PESA does not make the prior recommendation of the Gram Sabha or the appropriate-level Panchayat mandatory for every category of mineral. Under Section 4(k), such recommendation is mandatory before granting a prospecting licence or mining lease for minor minerals in Scheduled Areas. Section 4(l) also requires a prior recommendation before granting a concession for the exploitation of minor minerals by auction.
The statement uses the expression “any mineral”, which may include both major and minor minerals. The relevant PESA provision is specifically restricted to minor minerals. Statement 3 is therefore incorrect.
PESA extends the Panchayat provisions of Part IX of the Constitution to Fifth Schedule Areas with necessary exceptions and modifications. Its purpose is to protect Gram Sabha-centred self-government, traditional rights and community resources.