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Jharkhand Cabinet Notifies PESA Rules to Empower Gram Sabhas in Fifth Schedule Areas
The Jharkhand Cabinet approves and notifies PESA rules, providing Gram Sabhas wider administrative and decision-making powers in the state’s 5th Schedule areas. The development is relevant as it operationalises PESA provisions for tribal-dominated regions in Jharkhand through state rules.
Panchayats Extension to Scheduled Areas Act (PESA), 1996:
| Dimension | Key Details |
|---|---|
| Current Trigger | Jharkhand Cabinet approves PESA rules empowering Gram Sabhas in 5th Schedule areas of the state. |
| PESA Act: Coverage | The Panchayati Raj system or the 73rd Constitutional Amendment provisions to tribal-dominated 5th Schedule Areas. |
| Additional Powers | Authorises Gram Sabhas and Panchayats in 5th Schedule areas with additional powers to maintain their traditional governance systems. |
| Purpose | Decentralised governance, empowerment of Gram Sabhas, and protection of tribal traditions, resources, and rights. |
| Characterisation | PESA Act (1996) is called a “Constitution within the Constitution”. |
| Recommendation Basis | Bhuria Committee (1995) provides for recommending extension of Panchayati Raj to tribal areas, which leads to the PESA Act, 1996. |
| Applicability (States) | Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Telangana. |
| Gram Sabha: Powers | Safeguarding culture, resources, and traditional dispute resolution; approves development plans; identifies beneficiaries; certifies fund utilisation. |
| Exclusive Rights | Comprises consultation in land acquisition and rehabilitation; planning and management of minor water bodies; recommendations for mining licenses and concessions. |
| Authority to Regulate | Regulates sale/consumption of intoxicants; ownership of minor forest produce (MFP); prevention of land alienation and restoration of alienated land; management of village markets; control over money lending to the Scheduled Tribes; oversight of social sector institutions and local plans. |
| Representation Provisions | Mandates chairperson at every Panchayat level from the Scheduled Tribes; provides for at least 50% reservation of seats for STs in the Scheduled Areas. |
| Government Initiatives: Training | Training of over 1 lakh participants in PESA provisions (2024–25). |
| Digital Portal | Launch of PESA-Gram Panchayat Development Plan Portal for resource allocation and monitoring. |
| Capacity Building | Manuals translated into tribal languages: Santhali, Gondi, Bhili, Mundari. |
| Centres of Excellence | Established in universities, including Indira Gandhi National Tribal University, Amarkantak. |
| PESA Day | December 24, 2024, by the Ministry of Panchayati Raj. |