PESA and Gram Sabhas in Scheduled Areas

The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996, commonly called PESA, extends the constitutional framework of Panchayati Raj to the Fifth Schedule Areas with safeguards for tribal self-government. It requires state Panchayat laws to recognise the Gram Sabha as a central institution for protecting community resources, approving local development and participating in decisions affecting land and displacement.

Constitutional and territorial basis

Article 243M permits Parliament to extend Part IX of the Constitution to Scheduled Areas subject to specified exceptions and modifications. PESA accordingly applies the Panchayati Raj framework to the Scheduled Areas referred to in Article 244(1), while requiring state laws to respect customary institutions and community control.

• State legislation on Panchayats in Scheduled Areas must be consistent with customary law, social and religious practices, and traditional management of community resources.
• Under PESA, a village may comprise a habitation, hamlet or group of hamlets whose community manages its affairs according to traditions and customs.
• Every such village has a Gram Sabha consisting of persons whose names are included in the electoral rolls for the village-level Panchayat.

Core authority of the Gram Sabha

• The Gram Sabha is competent to safeguard and preserve tribal traditions and customs, cultural identity, community resources and customary modes of dispute resolution.
• It must approve plans, programmes and projects for social and economic development before their implementation by the village-level Panchayat.
• It is responsible for identifying or selecting beneficiaries under poverty-alleviation and other programmes.
• The village-level Panchayat must obtain certification from the Gram Sabha regarding utilisation of funds for approved plans, programmes and projects.
• State laws must specifically endow Gram Sabhas and Panchayats at the appropriate level with powers concerning minor forest produce, prevention and restoration of unlawful land alienation, village markets, money-lending, social-sector institutions and local plans and resources.
• The recommendations of the Gram Sabha or Panchayat at the appropriate level are mandatory before grant of prospecting licences or mining leases for minor minerals and before concessions for exploitation of minor minerals through auction.

Land acquisition, resettlement and rehabilitation

PESA creates a right of prior consultation in development-induced displacement, rather than an express power of consent or veto under the Act itself.

• The Gram Sabha or Panchayat at the appropriate level must be consulted before land is acquired for development projects in Scheduled Areas.
• Such consultation must also occur before persons affected by those projects are resettled or rehabilitated in Scheduled Areas.
• PESA requires prior consultation, but its text does not state that acquisition needs the Gram Sabha's consent or that its views are legally binding as a veto.
• The actual planning and implementation of projects in Scheduled Areas are to be coordinated at the state level.
• Detailed procedures and institutional responsibilities are operationalised through the Panchayat laws and rules applicable in the concerned state.

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