PESA
PESA
PESA, the Panchayats (Extension to the Scheduled Areas) Act of 1996, extends panchayat law to Scheduled Areas with tribal self-rule built in. Jharkhand notified its PESA rules only recently, about twenty-five years after the central Act.
Central Act — PESA, 1996 | Applies in Scheduled Areas | State rules notified about 25 years later
What PESA is
- Full name — Panchayats (Extension to the Scheduled Areas) Act, 1996
- It extends Part IX of the Constitution to Scheduled Areas with modifications
- Its core idea is that the gram sabha is the primary institution, not a subordinate body
- It recognises customary law, social and religious practice and traditional resource management
- It applies only in areas declared as Scheduled Areas under the Fifth Schedule
- State governments must frame their own rules for it to work on the ground
Powers given to the gram sabha
- Approve village development plans and identify beneficiaries of schemes
- Manage minor forest produce within village boundariesबार-बार पूछा जाता है
- Control minor water bodies and, subject to law, minor minerals
- Be consulted before land acquisition and resettlement in the area
- Regulate the sale and consumption of intoxicants locally
- Prevent alienation of land and act to restore land unlawfully transferred
- Resolve local disputes by customary methods and act against social evils
PESA in Jharkhand
- The central Act is of 1996, but Jharkhand framed its rules only much later
- Under the notified rules PESA applies fully in 13 districts and partly in 3
- The delay was itself a long-running political and tribal grievance
- PESA sits alongside the CNT and SPT Acts and the Forest Rights Act
- It gives constitutional weight to the slogan of jal, jangal and zameen
PESA compared with ordinary panchayat law
| Point | Ordinary panchayat law | PESA in Scheduled Areas |
|---|---|---|
| Position of the gram sabha | One tier among others | The primary institution |
| Minor forest produce | Regulated by the forest department | Ownership recognised for the gram sabha |
| Land acquisition | Consultation not mandatory in this form | Gram sabha consultation required |
| Chairperson posts | General reservation rules | Reserved for Scheduled Tribes |
| Customary law | Not specially recognised | Expressly recognised |
Points that get asked
- Full form of PESA — Panchayats (Extension to the Scheduled Areas) Act
- Year of the Act — 1996
- Primary institution under PESA — the gram sabha
- Resources under gram sabha control — minor forest produce, minor water bodies, minor minerals
- Constitutional base — the Fifth Schedule
PESA का पूरा नाम है पंचायत (अनुसूचित क्षेत्रों तक विस्तार) अधिनियम 1996। यह ग्राम सभा को प्राथमिक संस्था मानता है, जो साधारण पंचायत कानून से इसका सबसे बड़ा अंतर है।
Memory hook — Ek saal, teen sansadhan — 1996, aur gram sabha ke paas laghu vanopaj, laghu jal srot, laghu khanij. Teen 'laghu' yaad rahe to PESA yaad rahega.
Yahan confuse hote hain — PESA aur saadharan panchayat kanoon alag hain.
✗ PESA applies to the whole state | ✓ PESA applies only in Scheduled Areas
✗ PESA me gram sabha ek saadharan star hai | ✓ PESA me gram sabha prathmik sanstha hai, ek saadharan star nahi
Exam pointer — JPSC ka ye sabse important polity topic hai — Prelims me poora naam aur saal, Mains me 'PESA lagu hone me deri kyun hui aur uska asar kya' type prashn. JSSC CGL aur JKCE me seedha — PESA kis saal ka, gram sabha ko kya adhikar. Paanchvi Anusuchi ke turant baad ise padho.
Ek nazar me
- PESA, 1996 — Panchayats (Extension to the Scheduled Areas) Act
- Applies only in Scheduled Areas
- Extends Part IX with modifications
- Gram sabha is the primary institution
- Gram sabha controls minor forest produce
- Also minor water bodies and minor minerals subject to law
- Consultation required before land acquisition
- Can regulate intoxicants and prevent land alienation
- In Jharkhand the rules apply fully in 13 districts, partly in 3
- Works alongside CNT, SPT and the Forest Rights Act
Ab rajvyavastha aur prashasan par prashn ExamAtlas mock test me practice karo — JPSC aur JSSC dono pattern me.