Nearly three decades ago, the Indian Parliament enacted a landmark law for tribal regions — the Panchayat (Extension to Scheduled Areas) Act, 1996, better known as PESA. This legislation sought to restore the traditional autonomy of tribal societies and empower them to use local resources according to their customs and needs. However, such decentralization never sat well with today’s developmental politicians, capitalists, and bureaucrats. The question therefore arises — what makes PESA so important?
In 2021, the Government of India declared November 15 as Tribal Pride Day, in memory of the birth anniversary of Bhagwan Birsa Munda (born November 15, 1875). This year, the celebration has been extended into a Tribal Pride Fortnight from November 1 to 15. The occasion is not merely commemorative — it is a moment to bring the tribal worldview and priorities to the centre of policymaking. It is time that the constitutional provisions designed for tribal self-governance are implemented with sincerity and integrity.
The central government enacted PESA under Part IX of the Constitution, related to Article 243. It came into effect on December 24, 1996, specifically for the Scheduled Areas, where the normal Panchayati Raj system could not be directly applied. The 73rd Amendment of 1992 provided a general framework for Panchayats, but explicitly excluded its application to Scheduled and Tribal Areas. Hence, there was a need for a separate law.
The Fifth Schedule of the Constitution governs the administration of Scheduled Areas and tribal communities. It empowers the President to make special provisions for these areas. Based on these constitutional principles, PESA was enacted to establish a strong foundation of local self-government in tribal regions — a historic step toward realizing the constitutional vision of self-rule and self-determination. State governments were thus mandated to empower Gram Sabhas (village assemblies) as the supreme decision-making bodies in such areas.
In Scheduled Areas, institutions such as Gram Sabhas and District Autonomous Councils are not merely administrative structures; they are instruments for protecting cultural identity, promoting self-determination, and ensuring sustainable development. The Gram Sabha has the right to decide on the use, management, and protection of land, water, and forest resources, to approve and monitor local development plans, and to exercise community control over minor forest produce, water sources, minerals, grazing lands, fuel, and fisheries. No land acquisition or transfer can occur without its consent, and no development project can begin without its mandatory consultation.
As Vijay Bhai of the Bharat Jan Andolan notes, the Fifth Schedule makes the Centre, the states, and governors the “benevolent custodians” of tribal areas — free to act at their discretion. In contrast, PESA replaces this discretionary model with one of self-rule and dignity. Yet, nearly 29 years after PESA came into force, several states have still not framed rules to implement it.
The essence of PESA is local self-governance. Under the Seventh Schedule of the Constitution, state legislatures are responsible for enacting necessary laws. But why did Parliament not make the detailed rules itself? Because under Paragraph 3 of the Fifth Schedule, PESA only directs the states to do so — it cannot go beyond this constitutional limit. In effect, Parliament extended Part IX of the Constitution to Scheduled Areas and instructed states to legislate accordingly. The question remains — why have states failed to act?
Some states made partial amendments linking their Panchayati Raj laws with PESA, and by 1997, ten states had created limited rules. However, the jurisdiction of the Gram Sabha remained narrow. While governments now appear willing to assign Gram Sabhas minor responsibilities, true PESA-based self-rule remains elusive because the Panchayati Raj Acts, not PESA, still form the legal foundation. Under the Panchayati Raj system, every provision uses the word “may” — meaning implementation depends on the state’s discretion.
In contrast, PESA uses the binding term “shall”, making its provisions mandatory. Therefore, while uniform Panchayati Raj institutions can function in general areas, Scheduled Areas require a separate framework tailored to their socio-cultural and traditional governance systems. However, bureaucratic manipulation diluted PESA’s binding force, turning it once again into a discretionary framework.
Under PESA, Gram Sabhas have decisive authority over land use, mining, liquor trade, market management, and minor forest produce. This naturally limits bureaucratic and political control, which explains the reluctance to implement it fully. India’s governance system works from top to bottom, while PESA inverts this model by empowering decision-making from the bottom up. Such empowerment threatens bureaucratic convenience and disrupts the economic interests tied to mining, forest produce, and land acquisition — areas dominated by state and private corporations.
Most states have either delayed or diluted PESA’s implementation. Even where rules exist, Gram Sabhas have been reduced to advisory bodies, not decision-making ones. To rescue PESA from the bureaucratic and political maze, a strong political will is needed to move from centralized to decentralized governance. State legislatures must discard the Panchayati Raj framework in Scheduled Areas and enact PESA-compliant laws that grant Gram Sabhas and District Councils true self-governing powers. Today’s Panchayati Raj laws merely create top-driven development agencies — not institutions of genuine self-rule.
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*Bargi Dam Displaced and Affected People’s Association
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