PESA Rules Rolled Out in Jharkhand After Long Delay

Background of the decision

PESA Rules Rolled Out in Jharkhand After Long Delay: After nearly 25 years of statehood, Jharkhand has notified rules under the Panchayats (Extension to Scheduled Areas) Act.
The move is being presented as a long-pending reform to ensure self-governance in Scheduled Areas, which are predominantly inhabited by tribal communities.

The delay had been a major political and constitutional issue, especially because Jharkhand was carved out primarily to address tribal aspirations and autonomy.

Purpose of the PESA framework

PESA was enacted in 1996 to extend the principles of the 73rd Constitutional Amendment to Fifth Schedule areas.
Its core idea is to make the Gram Sabha the central authority in local governance, rather than the bureaucracy.

Static GK fact: Fifth Schedule areas are notified under Article 244 of the Constitution and relate to tribal-dominated regions.

The Act seeks to protect customary laws, community resources, and traditional dispute-resolution systems.

Extent of implementation in Jharkhand

The newly framed rules apply fully in 13 districts, including Ranchi, Khunti, Gumla, Simdega, Dumka and Singhbhum regions.
Partial implementation has begun in districts like Palamu and Garhwa.

Jharkhand has a tribal population of about 26.3%, spread across more than 12,000 villages, making the scale of implementation significant.

Static GK Tip: Jharkhand is home to 32 Scheduled Tribes, including 8 Particularly Vulnerable Tribal Groups (PVTGs).

Powers assigned to Gram Sabhas

Under the notified rules, the Gram Sabha is declared the supreme institution in Scheduled Areas.
Its head is to be chosen according to traditional customs, not electoral politics.

Gram Sabhas can manage minor minerals, small water bodies, community resources, and resolve local disputes.
They are also empowered to impose fines up to ₹2,000 for certain social offences.

However, the authority to officially notify Gram Sabha boundaries rests with the district administration.

Political and constitutional concerns

The state government has described the move as a historic step toward tribal self-rule.
The Chief Minister has argued that it restores tribal control over land, forests and water.

Opposition leaders and activists, however, claim the rules dilute the original spirit of PESA.
They argue that excessive powers retained by the administration weaken constitutional supremacy of the Gram Sabha.

Customary institutions and local resistance

Traditional governance systems such as Manki-Munda and Majhi-Pargana have expressed reservations.
They fear that codified rules may override customary decision-making practices.

Another major concern is the absence of clear Gram Sabha control over District Mineral Foundation funds and the Tribal Sub Plan, despite Jharkhand holding nearly 40% of India’s mineral wealth.

Resource wealth and ground realities

Jharkhand has around 29.5% forest cover and produces minerals worth nearly ₹15,000 crore annually.
Yet tribal communities continue to face poverty, malnutrition and livelihood insecurity.

Forest Rights Act data shows a high number of pending and rejected claims, limiting real empowerment.
Critics argue that without genuine financial and administrative autonomy, PESA may remain largely symbolic.

Static Usthadian Current Affairs Table

PESA Rules Rolled Out in Jharkhand After Long Delay: