Polity
Local Government: 73rd and 74th Amendments
PESA, 1996 and Tribal Self-Rule
Fifth vs Sixth Schedule, Article 243M, the Bhuria Committee, PESA 1996 Section 4 Gram Sabha powers, states' PESA rules, FRA 2006 link and implementation issues.
Prerequisites
- The 73rd Amendment: Panchayati Raj Institutions: Article 243M, which keeps Part IX out of Scheduled Areas
- Centre–State Relations: Article 244 and the special administration of Scheduled and tribal areas
- Tribes of Chhattisgarh: the communities for whom PESA matters most in this state
The Hook: Twelve Gram Sabhas Against a Mine
Connect
In 2013, on the orders of the Supreme Court, twelve Gram Sabhas of Dongria Kondh and other forest-dwelling villages in Odisha’s Niyamgiri hills were asked whether bauxite mining would affect their religious and cultural rights. Every one of them said no to the mine. A multinational project stopped because village assemblies spoke.
Chhattisgarh’s Bastar and Surguja raise the same questions every year over mines, roads and land. What powers does the law give a Gram Sabha in a Scheduled Area, and why is it still so hard to use them?
Why it matters: PESA’s date, its ten states and its list of Gram Sabha powers are Prelims favourites. Mains asks whether PESA has delivered tribal self-rule. This page is the national framework; Chhattisgarh’s own PESA Rules (2022) are covered in PESA in the Scheduled Areas of Chhattisgarh.
Step 1: Two Constitutional Models for Tribal Areas
Article 244 provides special administration for tribal regions in two ways.
| Feature | Fifth Schedule (Art 244(1)) | Sixth Schedule (Arts 244(2), 275(1)) |
|---|---|---|
| Areas | Scheduled Areas (अनुसूचित क्षेत्र) in ten states (listed below) | Tribal areas of Assam, Meghalaya, Tripura, Mizoram (“AMTM”) |
| Declared by | President (after consulting the Governor); can alter, increase or rescind | Listed in the Schedule; Governor can create or reorganise autonomous districts |
| Self-government body | Ordinary panchayats, modified by PESA (1996) | Autonomous District Councils (स्वायत्त ज़िला परिषद): 10 in all (Assam 3, Meghalaya 3, Mizoram 3, Tripura 1) |
| Legislative power | No local legislature. The Governor can stop or modify Acts of Parliament or the state legislature, and make regulations on land transfer, land allotment and money-lending (with the President’s assent, after consulting the TAC) | ADCs make laws on land, forests, shifting cultivation, village administration, inheritance, marriage and social customs (with the Governor’s assent) |
| Advisory body | Tribes Advisory Council (TAC): up to 20 members, about three-fourths ST MLAs | Not applicable |
| Reporting | Governor reports annually to the President | — |
| Strength of autonomy | Weaker | Stronger: councils with legislative, executive, judicial and taxation powers |
Why the gap mattered
In 1993, Article 243M kept Part IX out of both kinds of area, because a uniform elected panchayat could override customary tribal institutions. Sixth Schedule areas already had their councils. Fifth Schedule areas had nothing in between. PESA was enacted to fill that gap, using the power in Art 243M(4)(b) that lets Parliament extend Part IX to Scheduled Areas with exceptions and modifications.
Step 2: The Bhuria Committee and the Act
- Bhuria Committee (1994–95), chaired by Dilip Singh Bhuria, recommended extending Panchayati Raj to Scheduled Areas while respecting customary law and making the Gram Sabha the core of self-rule.
- Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA, पेसा): Act 40 of 1996, in force 24 December 1996.
- Nodal ministry: Ministry of Panchayati Raj (with the Ministry of Tribal Affairs closely involved).
- Nature: a short central Act; it does not run panchayats itself but directs state legislatures to make their panchayat laws conform to it.
The ten PESA states (Fifth Schedule states)
Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Telangana.
Step 3: What PESA Requires (Section 4)
The philosophy
| Clause | Requirement |
|---|---|
| 4(a) | State law on panchayats must be in harmony with customary law, social and religious practices and traditional management of community resources |
| 4(b) | A village is a habitation or group of habitations (or a hamlet) whose community manages its affairs by tradition, not a revenue village drawn on a map |
| 4(c) | Every village has a Gram Sabha of the persons on the electoral rolls |
| 4(d) | The Gram Sabha is competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution |
Powers of the Gram Sabha and panchayats
| Clause | Power |
|---|---|
| 4(e) | Approve plans, programmes and projects before implementation; identify beneficiaries of poverty alleviation programmes |
| 4(f) | Issue the utilisation certificate for funds spent on those plans |
| 4(i) | Be consulted before land acquisition for development projects and before resettlement of affected people |
| 4(j) | Planning and management of minor water bodies |
| 4(k) | Recommendation mandatory before a prospecting licence or mining lease for minor minerals |
| 4(l) | Recommendation mandatory before granting concessions for exploitation of minor minerals by auction |
| 4(m)(i) | Enforce prohibition or regulate or restrict the sale and consumption of any intoxicant |
| 4(m)(ii) | Ownership of minor forest produce (लघु वनोपज) |
| 4(m)(iii) | Prevent alienation of land in Scheduled Areas and restore unlawfully alienated tribal land |
| 4(m)(iv) | Manage village markets (haats) |
| 4(m)(v) | Control money-lending to Scheduled Tribes |
| 4(m)(vi) | Control over institutions and functionaries in all social sectors |
| 4(m)(vii) | Control over local plans and resources, including tribal sub-plans |
Representation and structure
| Clause | Requirement |
|---|---|
| 4(g) | Seats reserved in proportion to each community’s population, but STs get at least one-half of the seats; all chairpersons at all levels reserved for STs |
| 4(h) | The state may nominate members of STs with no representation at the intermediate or district level, up to one-tenth of the members |
| 4(n) | Higher-level panchayats must not assume the powers of lower panchayats or the Gram Sabha |
| 4(o) | At the district level, states should endeavour to follow the Sixth Schedule pattern of administration |
Section 5: state laws inconsistent with PESA continue for at most one year from the Act unless amended or repealed earlier.
States’ PESA rules (as of early 2026)
| Year notified | States |
|---|---|
| 2011 | Himachal Pradesh, Rajasthan, Andhra Pradesh |
| 2014 | Maharashtra |
| 2016 | Telangana |
| 2017 | Gujarat |
| 2022 | Madhya Pradesh, Chhattisgarh (8 August 2022) |
| January 2026 | Jharkhand |
| Not yet notified | Odisha (draft rules framed; final notification pending) |
So, nine of the ten PESA states have operational rules as of early 2026, most of them decades after the Act.
Step 4: PESA and the Forest Rights Act
| PESA, 1996 | Forest Rights Act, 2006 | |
|---|---|---|
| Full name | Panchayats (Extension to the Scheduled Areas) Act | Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act |
| Area | Only Fifth Schedule areas | All forest areas in India |
| Gram Sabha role | Approves plans, consulted on land acquisition, owns minor forest produce | Initiates claims for individual and community forest rights; manages community forest resources |
| Landmark case | Samatha v. State of Andhra Pradesh (1997): transfer of tribal land in Scheduled Areas to private mining companies held void | Orissa Mining Corporation v. MoEF (2013, Niyamgiri): Gram Sabhas to decide whether mining affected their rights |
The two laws work together. PESA gives the Gram Sabha governance powers; FRA gives it property rights in forests.
Analysis for Mains: Has PESA Delivered?
Achievements
- Recognised the Gram Sabha, not the elected panchayat, as the core of tribal self-government: an idea of direct democracy unique in Indian law.
- Put customary law and community resources into a statute.
- ST reservation of at least half the seats and all chairpersons.
- Combined with FRA, gave tribal communities real legal leverage (Niyamgiri).
Problems
- Delayed state rules: most states took 15 to 25 years to notify rules (see the table); Odisha’s were still pending in early 2026.
- Dilution in state laws: many states transferred the words of PESA but not its powers. Key matters (land, mining, forests, excise) remain under departmental laws that were never amended.
- “Consultation” is not “consent”: for land acquisition, PESA only requires the Gram Sabha to be consulted. The later Right to Fair Compensation (LARR) Act, 2013 (Section 41) requires the prior consent of the Gram Sabha for acquisition in Scheduled Areas, but disputes over how such resolutions are obtained are frequent.
- Minor vs major minerals: PESA covers only minor minerals; the valuable coal, iron ore and bauxite are major minerals outside its scope.
- Bureaucratic and political resistance: forest and revenue departments retain control; Gram Sabhas lack secretariats and funds.
- Left-wing extremism and security operations have narrowed democratic space in parts of central India.
- No urban counterpart: Part IXA has never been extended to Scheduled Areas (a proposed municipal extension law has not been enacted, as of 2026), so tribal towns fall outside PESA.
Way forward
- Amend subject laws (land revenue, excise, forest, mining) to match PESA.
- Free, prior and informed consent rather than consultation for major projects.
- Independent Gram Sabha secretariats, funds and training; PESA coordinators at block level.
- Active role for Governors under the Fifth Schedule, with annual reports actually discussed.
- Strict timelines for remaining states’ rules and periodic social audit.
Chhattisgarh angle
Chhattisgarh’s PESA Rules were notified on 8 August 2022. Disputes over Gram Sabha resolutions for coal blocks in the Hasdeo Arand forest show both the power and the fragility of the Gram Sabha. Use these in Mains; the details are in PESA in the Scheduled Areas of Chhattisgarh.
Memory Tricks
The ten PESA states: 'GHAT ROJ C + MM'
Gujarat · Himachal Pradesh · Andhra Pradesh · Telangana · Rajasthan · Odisha · Jharkhand · Chhattisgarh · Madhya Pradesh · Maharashtra
Sixth Schedule: AMTM (Assam, Meghalaya, Tripura, Mizoram). Note that no Sixth Schedule state is a PESA state.
Gram Sabha powers: 'LIMB MAP'
Land (prevent alienation, restore) · Intoxicants · Minor forest produce · Beneficiaries (identify) · Money-lending · Acquisition (consulted) · Plans approved + minor minerals
Don’t Confuse
| This | vs | That |
|---|---|---|
| Fifth Schedule — Scheduled Areas, 10 states, President declares, TAC | vs | Sixth Schedule — tribal areas of AMTM, Autonomous District Councils with law-making power |
| Art 243M — Part IX exemption for Scheduled and tribal areas | vs | Art 243ZC — Part IXA exemption for the same areas |
| PESA — governance powers; Fifth Schedule areas only | vs | FRA 2006 — forest rights; all forest areas |
| Minor minerals — Gram Sabha recommendation mandatory (PESA) | vs | Major minerals (coal, iron ore, bauxite) — outside PESA |
| Bhuria Committee (1994–95) — PESA | vs | Balwant Rai Mehta Committee (1957) — three-tier Panchayati Raj |
| Samatha (1997) — land transfer to private miners void | vs | Niyamgiri (2013) — Gram Sabhas decide under FRA |
Common Mistakes
MCQ traps
- “PESA applies to the Sixth Schedule areas of the North-East.” False. It covers only Fifth Schedule areas in ten states.
- “PESA requires the Gram Sabha’s consent for land acquisition.” False. PESA says consulted. Consent provisions come from the LARR Act, 2013 and FRA, not PESA itself.
- “PESA gives Gram Sabhas ownership of all minerals.” False. Only minor minerals (recommendation) and minor forest produce (ownership).
- “PESA was a constitutional amendment.” False. It is an ordinary Act of Parliament passed under Art 243M(4)(b).
- “Only the Sarpanch’s post is reserved for STs in Scheduled Areas.” False. All chairpersons at all levels are reserved for STs.
Practice
All questions below are original practice questions written in CGPSC style. They are not previous-year questions.
Level 1: Foundation
- PESA came into force on ______ 1996.
- Under PESA, at least ______ of seats in panchayats of Scheduled Areas are reserved for Scheduled Tribes.
- Which Article allows Parliament to extend Part IX to Scheduled Areas?
Answers
- 24 December.
- One-half.
- Article 243M(4)(b).
Level 2: Prelims MCQs
Q1. Consider the following statements regarding the PESA Act, 1996:
- It applies to the tribal areas of Assam, Meghalaya, Tripura and Mizoram.
- It vests ownership of minor forest produce in the Gram Sabha or panchayats at the appropriate level.
- It requires that all chairpersons of panchayats at all levels in Scheduled Areas be reserved for Scheduled Tribes.
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 3 only
- (d) 1, 2 and 3
Answer and explanation
(b) 2 and 3 only. AMTM are Sixth Schedule states, outside PESA. Section 4(m)(ii) confers ownership of minor forest produce, and Section 4(g) reserves all chairpersons’ posts for STs.
Q2. Match List I with List II:
| List I | List II |
|---|---|
| A. Bhuria Committee | 1. Forest rights of forest dwellers |
| B. Samatha judgment | 2. Recommended extension of panchayats to Scheduled Areas |
| C. Forest Rights Act | 3. Autonomous District Councils |
| D. Sixth Schedule | 4. Transfer of tribal land to private miners void |
- (a) A-2, B-4, C-3, D-1
- (b) A-4, B-2, C-1, D-3
- (c) A-2, B-1, C-4, D-3
- (d) A-2, B-4, C-1, D-3
Answer and explanation
(d) A-2, B-4, C-1, D-3. The Bhuria Committee (1994–95) led to PESA; Samatha (1997) voided transfers of tribal land in Scheduled Areas to private mining companies; FRA (2006) recognises forest rights; the Sixth Schedule creates Autonomous District Councils.
Q3. Under PESA, the prior recommendation of the Gram Sabha or panchayat is mandatory before:
- (a) Granting a mining lease for coal
- (b) Granting a prospecting licence or mining lease for minor minerals
- (c) Declaring an area as a Scheduled Area
- (d) Appointing the Governor’s nominee to the Tribes Advisory Council
Answer and explanation
(b). Section 4(k) makes the recommendation mandatory for minor minerals. Coal is a major mineral and lies outside PESA’s mining clauses; Scheduled Areas are declared by the President.
Q4. Which one of the following states has not been part of the Fifth Schedule / PESA framework?
- (a) Telangana
- (b) Himachal Pradesh
- (c) Tripura
- (d) Gujarat
Answer and explanation
(c) Tripura. It is a Sixth Schedule state with an Autonomous District Council. Telangana, Himachal Pradesh and Gujarat are among the ten Fifth Schedule (PESA) states.
Level 3: Mains Answer Writing
Q1. (60 words) Distinguish between the Fifth and Sixth Schedules of the Constitution.
Model answer outline
- Fifth (Art 244(1)): Scheduled Areas in ten states; declared by the President; Governor’s special powers and the Tribes Advisory Council; self-government through PESA-modified panchayats.
- Sixth (Art 244(2)): tribal areas of Assam, Meghalaya, Tripura, Mizoram; Autonomous District Councils with legislative, judicial and taxation powers.
- One line: the Sixth gives autonomy; the Fifth gives protection.
Q2. (150–200 words) “PESA promised tribal self-rule but delivered tribal consultation.” Critically examine.
Model answer outline
- Intro: PESA (24 December 1996), on the Bhuria Committee’s advice, extended Part IX to Fifth Schedule areas with the Gram Sabha at the centre.
- Promise: customary law; Gram Sabha approval of plans and beneficiaries; ownership of minor forest produce; control of land alienation, money-lending, intoxicants, village markets; at least half the seats and all chairpersons for STs.
- Delivery gaps: state rules delayed for decades (Odisha still pending in early 2026); subject laws not amended; consultation, not consent, on land acquisition; major minerals excluded; weak Gram Sabha capacity; LWE affecting democratic space.
- Positive signals: Niyamgiri (2013) showed Gram Sabha power when combined with FRA; Samatha (1997) protected tribal land.
- Chhattisgarh angle: PESA Rules notified 8 August 2022; Hasdeo Arand disputes show the gap between rules and practice.
- Way forward: align subject laws, free prior informed consent, Gram Sabha secretariats, active Governors.
- Conclusion: PESA’s design is radical; its implementation has been cautious. Self-rule needs states to give up control.
Quick Revision Table
| Fact | Detail |
|---|---|
| Constitutional basis | Art 244(1) Fifth Schedule; Art 243M(4)(b) |
| Committee | Dilip Singh Bhuria, 1994–95 |
| Act | PESA, Act 40 of 1996; in force 24 December 1996 |
| States | 10: AP, CG, Gujarat, HP, Jharkhand, MP, Maharashtra, Odisha, Rajasthan, Telangana |
| Village (4(b)) | Habitation or group of habitations managing affairs by custom |
| Reservation (4(g)) | STs at least 1/2 of seats; all chairpersons STs |
| Nomination (4(h)) | Up to 1/10 for unrepresented STs |
| Land acquisition (4(i)) | Gram Sabha consulted |
| Minor minerals (4(k), 4(l)) | Recommendation mandatory |
| Minor forest produce | Ownership with Gram Sabha / panchayat |
| District level (4(o)) | Follow Sixth Schedule pattern |
| Rules (early 2026) | 9 of 10 states; Jharkhand Jan 2026; Odisha pending |
| Sixth Schedule | AMTM; 10 Autonomous District Councils |
| Cases | Samatha 1997; Niyamgiri 2013 |
Key Takeaways
Key Takeaways
- PESA (24 December 1996) extended Part IX to Fifth Schedule areas in ten states using Art 243M(4)(b).
- The Gram Sabha is the heart of PESA: customs, community resources, plans, beneficiaries, minor forest produce, land alienation, money-lending.
- STs get at least half the seats and all chairpersons’ posts in Scheduled Areas.
- PESA covers minor minerals and requires consultation, not consent, on land acquisition.
- For Mains: radical design, weak implementation; pair PESA with FRA and cite Niyamgiri and a Chhattisgarh example.
What’s Next
- PESA in the Scheduled Areas of Chhattisgarh: the state’s 2022 Rules in detail
- Local Government in India — Quick Revision: the whole chapter on one page
- Social Legislation and Human Rights: FRA, SC/ST (Prevention of Atrocities) Act and related laws
- Tribes of Chhattisgarh: the people behind the Scheduled Areas
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