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PESA Act & Special Provisions



Topic 04 of 5 · Chapter 12 · Indian Polity

PESA Act 1996 — Panchayats in Scheduled Areas

PESA Act 1996, 5th Schedule areas, tribal self-governance, Bhuria Committee, and special provisions for tribal areas.

📋 In This Article

  1. Background — Why PESA?
  2. Bhuria Committee (1994)
  3. PESA Act 1996
  4. Key Provisions of PESA
  5. 5th Schedule Areas
  6. Key Points for Exam

1. Background — Why PESA?

The 73rd Amendment (1992) gave constitutional status to Panchayati Raj. However, it did not automatically apply to the Scheduled Areas (tribal areas) covered by the 5th Schedule of the Constitution. These areas have special provisions for tribal self-governance.

💡 Key Idea: The 5th Schedule areas are tribal areas in States other than Assam, Meghalaya, Tripura, and Mizoram (which are covered by the 6th Schedule). The 73rd Amendment excluded these areas from its purview — hence the need for PESA.

2. Bhuria Committee (1994)

The Bhuria Committee (1994) was appointed to recommend measures for extending Panchayati Raj to tribal areas. Key recommendations:

  • Panchayati Raj should be extended to Scheduled Areas with modifications
  • Gram Sabha should have more powers in tribal areas
  • Tribal communities should have control over natural resources
  • Traditional tribal governance systems should be respected

3. PESA Act 1996

The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) was enacted to extend Panchayati Raj to the Scheduled Areas with special provisions for tribal self-governance.

⭐ Exam Fact: PESA applies to 10 States with 5th Schedule areas: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan.

4. Key Provisions of PESA

  • Gram Sabha: Gram Sabha has more powers in tribal areas — it must be consulted before any development project
  • Natural resources: Gram Sabha has control over minor forest produce, minor water bodies, minor minerals
  • Land acquisition: Gram Sabha must be consulted before land acquisition in Scheduled Areas
  • Money lending: Gram Sabha can regulate money lending to prevent exploitation
  • Liquor: Gram Sabha can regulate or prohibit manufacture and sale of liquor
  • Reservation: Chairpersons of Panchayats at all levels must be from Scheduled Tribes
  • Traditional governance: State laws must be in conformity with customary law, social and religious practices, and traditional management practices of community resources

5. 5th Schedule Areas

The 5th Schedule of the Constitution provides for the administration of Scheduled Areas and Scheduled Tribes in States other than Assam, Meghalaya, Tripura, and Mizoram. Key features:

  • The Governor of the State has special powers in Scheduled Areas
  • The Governor can direct that any Act of Parliament or State Legislature shall not apply to Scheduled Areas
  • Tribes Advisory Council (TAC) advises the Governor on matters relating to welfare of Scheduled Tribes
✅ Remember: 5th Schedule: Tribal areas in most States (PESA applies). 6th Schedule: Tribal areas in Assam, Meghalaya, Tripura, Mizoram (Autonomous District Councils). These are different provisions for different tribal areas.

6. Key Points for Exam

🔑 Must-Remember Facts

  • PESA: Panchayats (Extension to Scheduled Areas) Act, 1996
  • PESA applies to: 10 States with 5th Schedule areas
  • Bhuria Committee (1994): Recommended extension of PR to tribal areas
  • PESA: Gram Sabha has more powers — control over natural resources
  • Chairpersons of Panchayats in Scheduled Areas: Must be from Scheduled Tribes
  • 5th Schedule: Tribal areas in most States (except Assam, Meghalaya, Tripura, Mizoram)
  • 6th Schedule: Tribal areas in Assam, Meghalaya, Tripura, Mizoram
  • 6th Schedule: Autonomous District Councils
  • Tribes Advisory Council (TAC): Advises Governor on tribal welfare
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