Three Decades of PESA and Tribal Self Governance

Background of the PESA Act

Three Decades of PESA and Tribal Self Governance: The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) was enacted to extend the Panchayati Raj system to tribal-dominated Fifth Schedule Areas. It was framed under Article 244 of the Constitution to address the governance gap in Scheduled Areas.

The Act completed 30 years in December 2025, marking a significant milestone in India’s tribal governance framework. Its core objective is to ensure self-rule for tribal communities through empowered local institutions.

Static GK fact: The Fifth Schedule of the Constitution deals with the administration of Scheduled Areas and Scheduled Tribes, excluding Assam, Meghalaya, Tripura, and Mizoram.

Panchayati Raj and Constitutional Status

The 73rd Constitutional Amendment Act, 1993 granted constitutional status to Panchayati Raj Institutions (PRIs). These institutions were designed to function at village, block, and district levels.

However, PRIs were not automatically applicable to Scheduled Areas. Hence, PESA was introduced to fill this constitutional vacuum and tailor local governance to tribal socio-cultural conditions.

PESA applies to Scheduled Areas across 10 states including Andhra Pradesh, Chhattisgarh, Gujarat, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Telangana, and Himachal Pradesh.

Static GK Tip: Panchayats are listed under the Eleventh Schedule, which contains 29 subjects for local governance.

Gram Sabha as the Cornerstone

A defining feature of the PESA Act is the central role of the Gram Sabha. It makes Gram Sabha consent mandatory for activities involving land acquisition, development projects, and natural resource management.

Gram Sabhas have authority over minor forest produce, minor minerals, water bodies, and village-level planning. This strengthens community control over livelihood resources.

The Act also empowers Gram Sabhas to safeguard tribal customs, traditions, and identity.

Regulatory and Protective Powers

Under PESA, Gram Sabhas and Panchayats can regulate or prohibit intoxicants, control money-lending practices, and manage village markets. These provisions directly address historical exploitation of tribal populations.

The Act also provides protection against land alienation, a major cause of tribal displacement.

Importantly, PESA gives legal supremacy to tribal self-governance by overriding conflicting state laws in Scheduled Areas.

Static GK fact: Tribal land alienation has been a major policy concern since the colonial era, leading to protective land laws in many states.

Implementation Gaps and Challenges

Despite its progressive intent, PESA remains under-realized. One major issue is the absence of a mandatory timeline for states to frame rules.

Bureaucratic dominance often overshadows Gram Sabha authority. Additionally, there is inadequate devolution of funds, functions, and functionaries, weakening local governance.

Capacity constraints and lack of awareness among tribal communities further limit effective implementation.

Recent Initiatives to Strengthen PESA

To address these gaps, the Ministry of Panchayati Raj has initiated several reforms. The PESA-Gram Panchayat Development Plan Portal, launched in September 2024, supports participatory planning and monitoring.

A dedicated PESA Cell has been established to coordinate policy efforts. Centres of Excellence are being set up in central universities such as Indira Gandhi National Tribal University for capacity building.

Training manuals have been translated into regional and tribal languages including Santhali, Gondi, Bhili, and Mundari, improving grassroots outreach.

Way Forward

As PESA enters its fourth decade, its success depends on genuine empowerment of Gram Sabhas, timely rule-making by states, and institutional accountability.

Strengthening PESA is critical for inclusive development, cultural preservation, and constitutional justice in Scheduled Areas.

Static Usthadian Current Affairs Table

Three Decades of PESA and Tribal Self Governance: