Panchayats (Extension to Scheduled Areas) Act (PESA), 1996
Indian Polity & Governance
- PYQs8
- Articles1
Background
PESA is a cornerstone of tribal self-governance, decentralization, and protection of tribal rights, directly relevant to GS2 (Polity, Governance, Social Justice) and GS1 (Tribal issues). Its implementation challenges highlight issues of federalism and administrative will, crucial for understanding inclusive development and internal security.
The Panchayats (Extension to Scheduled Areas) Act, 1996, is a crucial Indian law enacted to extend the provisions of Part IX of the Constitution relating to Panchayats to the Fifth Schedule Areas, with certain modifications and exceptions. Its primary objective is to ensure self-governance for tribal populations through traditional Gram Sabhas.
Facts & tables
- Purpose
- Extends Part IX of the Constitution to Fifth Schedule Areas to empower tribal self-governance.
- Key Authority
- Elevates the Gram Sabha as the cornerstone of local self-governance in Scheduled Areas.
- Powers Granted
- Grants decisive powers to Gram Sabhas over community resources (jal, jungle, zameen), minor forest produce, and dispute resolution.
- Implementation Status
- Dismal record of implementation across Fifth Schedule Area States, often diluted by state governments.
| Area of Control | Specific Power |
|---|---|
| Resource Management | Ownership of minor forest produce |
| Development Planning | Approval of plans, projects, and schemes for social and economic development |
| Social Justice | Control over local markets, money lending, and social institutions |
| Land & Water | Consultation on land acquisition, control over minor water bodies |
| Type | Reference |
|---|---|
| Conceptual area | Indian Polity & Governance |
| Conceptual area | Social Justice |
| Body | Role |
|---|---|
| Gram Sabha | Empowered body |
| State Governments | Implements |
Prelims angle
Prelims angle: Factual recall
Prelims angle: Conceptual understanding
- Extends Part IX of Constitution to Fifth Schedule Areas.
- Empowers Gram Sabhas for tribal self-governance.
- Grants control over 'jal, jungle, zameen' and minor forest produce.
- Implementation challenges due to state variations and dilution attempts.
- Crucial for Adivasi trust and addressing structural issues.
Check if created by Constitution or by Parliament.
| Year | Framing tags |
|---|---|
| 2025 | Multi-statement analysis, Factual recall |
| 2024 | Factual recall, Institutional roles and functions |
| 2023 | Statement-based questions, Institutional roles and functions |
| 2022 | Multi-statement analysis, Institutional roles and functions |
| 2022 | Conceptual understanding, Institutional roles and functions |
| 2021 | Statement-based questions, Factual recall |
| 2015 | Conceptual understanding, Purpose or function of a policy tool |
| 2013 | Factual recall, Conceptual understanding |
Timeline
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Indian Polity & Governance
Conceptual area
-
Social Justice
Conceptual area
-
Prelims 2013
Factual recall, Conceptual understanding
-
Prelims 2015
Conceptual understanding, Purpose or function of a policy tool
-
Prelims 2021
Statement-based questions, Factual recall
-
Prelims 2022
Multi-statement analysis, Institutional roles and functions
-
Prelims 2022
Conceptual understanding, Institutional roles and functions
-
Prelims 2023
Statement-based questions, Institutional roles and functions
-
Prelims 2024
Factual recall, Institutional roles and functions
-
Prelims 2025
Multi-statement analysis, Factual recall
-
After Maoism, the next battle is for Adivasi trust
PESA 1996 extends Panchayati Raj to Fifth Schedule Areas, empowering Gram Sabhas with control over resources and development to ensure tribal self-rule and protect their identity, despite facing significant implementation challenges.
See also
Past papers
2013–2025 · 8 questions
In the news
After Maoism, the next battle is for Adivasi trust
PESA 1996 extends Panchayati Raj to Fifth Schedule Areas, empowering Gram Sabhas with control over resources and development to ensure tribal self-rule and protect their identity, despite facing significant implementation challenges.
Try these PYQs
The Government enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996. Which one of the following is not identified as its objective?
* PESA doesn't deal with the creation of autonomous regions in tribal areas. * The Sixth Schedule provides for the administration of certain tribal areas as autonomous entities. The provisions of the sixth schedule are provided under Articles 244(2) and 275(1) of the Indian Constitution.
Consider the following statements:
With reference to the Constitution of India, if an area in a State is declared as Scheduled Area under the Fifth Schedule,
I. the State Government loses its executive power in such areas and a local body assumes total administration.
II. the Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the Governor.
Which of the statements given above is/are correct?
When an area is declared a Scheduled Area under the Fifth Schedule of the Constitution, it continues to be administered by the State Government, but with special powers granted to the Governor for tribal welfare. ❌ Statement I: Incorrect The State Government does not lose its executive powers. There is no provision for a local body to take over full administration. ❌ Statement II: Incorrect The Union Government cannot take over total administration of Scheduled Areas under the Fifth Schedule, even on the Governor’s recommendation.
If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it?
The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes residing in any State other than the States of Assam, Meghalaya, Tripura, and Mizoram. The governor can make regulations for the peace and good government of a scheduled area after consulting the tribes' advisory council. Such regulations may prohibit or restrict the transfer of land by tribal to non tribal members or among members of the scheduled tribes, and regulate the allotment of land to members of the scheduled tribes. Option B is incorrect. According to the provisions of Paragraph 4, under Article 244(1) of the Fifth Schedule of the Constitution of India, the Tribes Advisory Councils (TAC) shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas. The tribal advisory council is an advisory body, not a governing body. Option C is incorrect. Bringing any particular area under the Fifth Schedule of the Constitution of India does not convert the area into a Union Territory. Option D is incorrect. Bringing any particular area under the Fifth Schedule of the Constitution of India does not get declared as a Special Category State.
The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to -
The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are made to protect the interests of Scheduled Tribes. Fifth Schedule: Applies to all states except Assam, Meghalaya, Tripura, and Mizoram. It focuses on Management and administration of Scheduled Areas: These are areas with a high concentration of tribal populations. The schedule grants them some autonomy and safeguards their traditional rights over land and resources. Establishment of Tribes Advisory Councils: These councils advise the Governor on matters related to the welfare and development of Scheduled Tribes. Sixth Schedule: Applies to the four aforementioned northeastern states with significant tribal populations. It provides greater autonomy compared to the Fifth Schedule by Creation of Autonomous District Councils (ADCs): These councils have a greater degree of administrative and legislative power within their designated areas. Special provisions for administration of tribal areas: This includes protection of customary law, inheritance practices, and social customs of the tribes.
With reference to 'Scheduled Areas' in India, consider the following statements:
1. Within a State, the notification of an area as Scheduled Area takes place through an Order of the President.
2. The largest administrative unit forming the Scheduled Area is the District and the lowest is the cluster of villages in the Block.
3. The Chief Ministers of the concerned States are required to submit annual reports to the Union Home Ministry on the administration of Scheduled Areas in the States.
How many of the above statements are correct?
* Statement 1 is correct: As per Article 244(1) of the Constitution's Fifth Schedule, Scheduled Areas are areas that the President may declare to be such by order after consultation with the Governor of that State. * Statement 2 is correct: District is considered as the largest administrative unit which forms the Scheduled Area while the lowest administrative unit is the cluster of villages in the Block. * Statement 3 is incorrect: The Fifth Schedule to the Constitution of India states in para 3 that the Governor of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the Administration of the said areas.
Show 3 more PYQs
Consider the following statements:
1. The Governor of the Reserve Bank of India (RBI) is appointed by the Central Government.
2. Certain provisions in the Constitution of India give the Central Government the right to issue directions to the RBI in public interest.
3. The Governor of the RBI draws his power from the RBI Act.
Which of the above statements are correct?
Statement 1 is correct. The Governor of RBI is appointed by the Central Government under the RBI Act, 1934. The Appointments Committee of the Cabinet (ACC), led by the Prime Minister, finalizes the selection. The tenure is typically four years, but the government has the authority to extend or terminate the term. Statement 2 is incorrect. The Constitution of India does not have any direct provision allowing the Central Government to issue directions to the RBI. However, Section 7 of the RBI Act, 1934, gives the Central Government the power to issue directions to the RBI in the public interest, but this is a statutory provision, not a constitutional one. Statement 3 is correct. The powers, functions, and responsibilities of the RBI Governor come from the Reserve Bank of India Act, 1934. The Act defines the Governor's role, monetary policy responsibilities, and overall authority over banking regulations.
In India, what is the role of the Coal Controller's Organization (CCO)?
1. CCO is the major source of Coal Statistics in Government of India.
2. It monitors progress of development of Captive Coal/Lignite blocks.
3. It hears any objection ' to the Government's notification relating to acquisition of coal-bearing areas.
4. It ensures that coal mining companies deliver the coal to end users in the prescribed time.
Select the correct answer using the code given below:
The Coal Controller's Organisation (CCO) is a subordinate office of the Ministry of Coal, having its headquarters at Kolkata and field offices at Dhanbad, Ranchi, Bilaspur, Nagpur, Sambalpur, Kothagudem and Asansol. It collects and maintains coal production data of all private and public sector coal mines in the country. The information is collected every month. Statement 1 is correct. Under the Collection of Statistics Act, 2008 Coal Controller has been made the statistical authority concerning coal and lignite statistics. Entrusted with the responsibility of carrying out the Annual Coal & Lignite survey and publishing of Provisional Coal Statistics and Coal Directory of India. Statement 2 is correct. It is entrusted with the task of monitoring captive mines. Work such as permission for the opening and reopening of coal mines has been entrusted to the CCO. Statement 3 is correct. Under the Coal Bearing Area (Acquisition and Development) Act, 1957- the Coal Controller is the competent authority under this act to hear any objection to the Central Government's Notification relating to the acquisition of coal-bearing land and to furnish his reports to the Central Govt. Statement 4 is incorrect. Ensuring that coal mining companies deliver the coal to end users in the prescribed time is not the function of the Coal Controller's Organization (CCO).
The North Eastern Council (NEC) was established by the North Eastern Council Act, 1971. Subsequent to the amendment of NEC Act in 2002, the Council comprises which of the following members?
1. Governor of the Constituent State
2. Chief Minister of the Constituent State
3. Three Members to be nominated by the President of India
4. The Home Minister of India
Select the correct answer using the code given below :
The North Eastern Council (NEC) was established under the *North Eastern Council Act, 1971* to ensure the balanced and coordinated development of the North Eastern Region. After the North Eastern Council (Amendment) Act, 2002, the structure and composition of the Council were modified. As per Section 3(1) of the *NEC Act, 1971 (as amended)*, the Council shall consist of the following members: 1. The Chief Ministers of the Constituent States
2. The Governors of the Constituent States
3. Three Members to be nominated by the President of India These are the only members of the Council as defined by the Act. Further, Section 3(2) specifies that:
“The Union Home Minister shall be the ex officio Chairman of the Council, and the Minister of the Central Government in charge of the Ministry of Development of North Eastern Region (DoNER) shall be the ex officio Vice-Chairman of the Council.” Thus, while the Union Home Minister serves as the ex officio Chairman, he does not form part of the Council as a member under Section 3(1). Similarly, the Minister of DoNER is the ex officio Vice-Chairman, but not a member of the Council.