PESA Act, 1996
— The Provisions of the Panchayats (Extension to the Scheduled Areas) Act
🧭 Background – Why PESA was Needed
After the 73rd Constitutional Amendment (1992), Panchayati Raj became a uniform three-tier system across India.
But there was one issue:
👉 The 73rd Amendment (Part IX of the Constitution) did not automatically apply to the Scheduled Areas — i.e., areas covered under the Fifth Schedule of the Constitution.
Why? Because:
- These regions have distinct tribal traditions, customary laws, and community-based governance systems.
- A uniform Panchayati Raj model could have disrupted their traditional autonomy and tribal self-rule.
So, Parliament was given the power to extend the provisions of Part IX to the Scheduled Areas “with suitable modifications.”
Under this provision, the Parliament enacted the PESA Act in 1996 — officially called
“The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996”
Popularly known as the PESA Act or Extension Act.
📍 Applicability
At present, the Fifth Schedule Areas exist in 10 states:
👉 Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan.
All these states have amended their respective Panchayati Raj Acts to comply with PESA.
🎯 Objectives of the PESA Act
Let’s understand what the Act wanted to achieve — its core philosophy 👇
- To extend Part IX of the Constitution to the Scheduled Areas with suitable modifications.
- To promote self-rule for the tribal population — so that they govern their own affairs.
- To build participatory democracy where the Gram Sabha becomes the nucleus of all village activities.
- To harmonise governance with tribal customs and traditional practices.
- To preserve tribal culture, traditions, and community life.
- To empower Panchayats at every level with powers that suit tribal requirements.
- To prevent upper-level Panchayats from encroaching upon the powers of the lower-level Panchayats and the Gram Sabha.
In short, the aim was “self-governance with cultural respect.”
⚙️ Features / Provisions of the PESA Act
1. Harmony with Tribal Traditions
State laws relating to Panchayats in Scheduled Areas must be consistent with:
- Customary law,
- Social and religious practices, and
- Traditional management of community resources.
🗣️ This ensures that modern governance coexists with Adivasi traditions
2. Definition of a Village
A village means a habitation or group of habitations (hamlets) comprising a community that manages its affairs according to local customs.
So unlike the census-based definition, here the village is a social unit, not just a geographical unit.
3. Gram Sabha – The Core Institution
Every village has a Gram Sabha — consisting of all persons whose names are on the village electoral roll.
The Gram Sabha is empowered to safeguard and preserve:
- Traditions and customs,
- Cultural identity,
- Community resources, and
- Customary modes of dispute resolution.
So, the Gram Sabha is not just a political body — it is a cultural guardian too.
4. Powers of Gram Sabha in Development Activities
The Gram Sabha has two important powers in local development:
- It must approve plans, programmes, and projects before they are implemented.
- It must identify beneficiaries for government schemes like poverty alleviation.
Thus, it ensures that decisions reflect people’s consent and priorities.
5. Certification of Fund Utilisation
Before implementing any development work, the Panchayat at the village level must obtain a certificate from the Gram Sabha confirming proper use of funds.
This is a remarkable example of bottom-up accountability.
6. Reservation in Scheduled Areas
- Reservation of seats for various communities shall be in proportion to their population.
- However, at least half of all seats in every Panchayat must be reserved for Scheduled Tribes.
- All Chairperson posts at every level must also be reserved for STs.
This ensures tribal political dominance in their own areas.
7. Nomination for Unrepresented Tribes
If any tribe has no representation at the intermediate or district Panchayat level, the State Government may nominate members of that tribe.
But — this nomination cannot exceed one-tenth of the total elected members.
8. Land Acquisition & Rehabilitation
Before:
- Acquiring land in Scheduled Areas, or
- Resettling or rehabilitating affected persons,
the Gram Sabha or the Panchayat concerned must be consulted.
Planning and implementation of such projects, however, will be coordinated at the state level.
This protects tribal land rights and ensures community participation in developmental decisions.
9. Minor Water Bodies
The planning and management of minor water bodies (like tanks, ponds, etc.) shall be entrusted to the Panchayats at the appropriate level.
10. Control over Minor Minerals
- The recommendations of Gram Sabha or Panchayats are mandatory for granting mining leases or prospecting licences for minor minerals.
- Even for auction-based concessions, prior recommendation of the Gram Sabha or Panchayat is compulsory.
This is meant to prevent the exploitation of tribal lands by private mining interests.
11. Special Powers to Gram Sabha and Panchayats
The Act mandates that Panchayats and Gram Sabhas must be given specific powers, such as:
| Power | Purpose |
|---|---|
| (i) Regulate or prohibit sale of intoxicants | To control liquor trade and protect social order. |
| (ii) Ownership of minor forest produce | To give tribes economic control over forest resources. |
| (iii) Prevent alienation of tribal land | To protect land rights and restore illegally alienated lands. |
| (iv) Manage village markets | To control local trade and prevent exploitation. |
| (v) Control over money lending | To protect tribals from debt traps. |
| (vi) Control over institutions in social sectors | Like schools, health centres, and anganwadis — ensuring accountability to locals. |
| (vii) Control over local plans and resources | Including tribal sub-plans and local development schemes. |
🗣️ In short, PESA turns Gram Sabhas into mini-parliaments of tribal self-rule.
12. Safeguard Against Encroachment by Higher Panchayats
State laws must ensure that higher-level Panchayats cannot usurp the powers of lower-level ones or the Gram Sabha.
This maintains true decentralisation and prevents bureaucratic or political interference.
13. Following the Sixth Schedule Model
While designing administrative systems at the district level, states should follow the spirit of the Sixth Schedule — which governs Autonomous District Councils in the Northeast.
This ensures that tribal self-governance has constitutional similarity across India.
14. Continuance of Existing Laws
Any existing state law inconsistent with PESA will cease to operate one year after PESA received the President’s assent (i.e., by December 1997).
However, existing Panchayats would continue until their term expires.
This gave states time to amend their Panchayati Raj Acts accordingly.
🧠 Final Thought
“The 73rd Amendment brought democracy to the villages,
but PESA brought self-rule to the tribes.”
While the 73rd Amendment gave political empowerment,
PESA added cultural and economic empowerment, protecting the identity and autonomy of India’s tribal communities.
It may therefore be called as —
🪶 “The Constitution within the Constitution for India’s tribal heartlands.”