Previous Year Question

The formal name of the law is The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996, commonly known as the PESA Act, 1996. It is Act No. 40 of 1996, with an enactment date of 24 December 1996.

The 73rd Constitutional Amendment introduced Part IX relating to Panchayats, but the provisions of Part IX did not automatically apply to Scheduled Areas. Article 243M(4)(b) empowered Parliament to extend these provisions to Scheduled Areas by law, subject to specified exceptions and modifications.

PESA was enacted under this constitutional framework. Section 3 extended the provisions of Part IX relating to Panchayats to Scheduled Areas, while Section 4 prescribed several modifications and safeguards suited to the special social and tribal conditions of these areas.

Under PESA, the Gram Sabha has a particularly important position. Every Gram Sabha is empowered to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and customary mode of dispute resolution. I

The Gram Sabha is also given a role in approving plans, programmes and projects for social and economic development before their implementation and in identifying or selecting beneficiaries under poverty alleviation and other programmes. I

The distinction between 1993 and 1996 is important: the 73rd Constitutional Amendment became effective on 24 April 1993, whereas the special PESA legislation for Scheduled Areas was enacted on 24 December 1996.