Provisions of the Panchayats (Extension to the Scheduled Areas) Act (PESA), 1996
Social Justice & Development
- PYQs8
- Articles1
Background
PESA is a crucial legal framework for tribal governance, self-determination, and the protection of their land and resource rights. Its implementation and challenges are vital for understanding tribal issues, federalism, and the effectiveness of constitutional provisions in India (GS2, GS1).
The Provisions of the Panchayats (Extension to the Scheduled Areas) Act (PESA), 1996, extends the provisions of the 73rd Constitutional Amendment to Fifth Schedule areas, granting special powers to Gram Sabhas in these regions to protect tribal self-rule, traditional resource management, and cultural identity.
Facts & tables
- Extension to Scheduled Areas
- Extends the 73rd Constitutional Amendment to the Fifth Schedule areas, recognizing the unique governance needs of tribal communities.
- Gram Sabha Powers
- Grants Gram Sabhas in Scheduled Areas significant powers, including mandatory prior informed consent for land acquisition, resettlement, and rehabilitation.
- Resource Control
- Empowers Gram Sabhas to control minor forest produce, minor water bodies, and approve plans for social and economic development.
- Bypassing of Provisions
- The Act's provisions are often bypassed by the state, leading to protests (e.g., Hasdeo Arand) and undermining tribal rights.
| Type | Reference |
|---|---|
| Conceptual area | Tribal Governance |
| Conceptual area | Indigenous Rights |
| Body | Role |
|---|---|
| Gram Sabhas (in Scheduled Areas) | Empowered body |
| State Governments | Implements/bypasses |
Prelims angle
Prelims angle: Factual recall
Prelims angle: Conceptual understanding
- PESA extends 73rd Amendment to Fifth Schedule areas.
- Grants Gram Sabhas powers over land, resources, development.
- Mandates prior consent for land acquisition, mining.
- Often bypassed by state, undermining tribal self-rule.
- Crucial for protecting tribal rights and traditional governance.
Check if created by Constitution or by Parliament.
| Year | Framing tags |
|---|---|
| 2026 | Multi-statement analysis, Factual recall |
| 2026 | Multi-statement analysis, Factual recall |
| 2026 | Multi-statement analysis, Factual recall |
| 2021 | Factual recall, Institutional roles and functions |
| 2019 | Factual recall, Conceptual understanding |
| 2014 | Factual recall, Multi-statement analysis |
| 2013 | Factual recall, Conceptual understanding |
| 2013 | Factual recall, Institutional roles and functions |
Timeline
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Tribal Governance
Conceptual area
-
Indigenous Rights
Conceptual area
-
Prelims 2013
Factual recall, Conceptual understanding
-
Prelims 2013
Factual recall, Institutional roles and functions
-
Prelims 2014
Factual recall, Multi-statement analysis
-
Prelims 2019
Factual recall, Conceptual understanding
-
Prelims 2021
Factual recall, Institutional roles and functions
-
Prelims 2026
Multi-statement analysis, Factual recall
-
Prelims 2026
Multi-statement analysis, Factual recall
-
Prelims 2026
Multi-statement analysis, Factual recall
-
Yes and no: On the erosion of India’s grassroots democracy
PESA, 1996, extends the 73rd Amendment to Scheduled Areas, empowering Gram Sabhas with significant control over land, resources, and development to protect tribal self-rule. However, the article highlights that these powers, particularly regarding prior consent for land acquisition and mining, are routinely bypassed by the state, leading to conflicts and undermining the Act's intent.
See also
No related topics linked yet.
Past papers
2013–2026 · 8 questions
In the news
Yes and no: On the erosion of India’s grassroots democracy
PESA, 1996, extends the 73rd Amendment to Scheduled Areas, empowering Gram Sabhas with significant control over land, resources, and development to protect tribal self-rule. However, the article highlights that these powers, particularly regarding prior consent for land acquisition and mining, are routinely bypassed by the state, leading to conflicts and undermining the Act's intent.
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 about the provisions pertaining to the Scheduled Castes and the Scheduled Tribes in India :
1. Provisions regarding the administration of the Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram are given in the Fifth Schedule of the Constitution of India.
2. Some tribes of India are entitled to exemption from paying Income Tax on certain incomes.
3. The Constitution of India provides for reservation of seats in Panchayats for women belonging to the Scheduled Castes and the Scheduled Tribes.
Which one of the following conclusions based on the above statements is correct ?
Statement 1 is Incorrect: The Sixth Schedule (Article 244(2)) of the Indian Constitution specifically governs the administration of Tribal Areas in the four northeastern states of Assam, Meghalaya, Tripura, and Mizoram. The Fifth Schedule (Article 244(1)) applies to the administration and control of Scheduled Areas and Scheduled Tribes in states other than these four. Statement 2 is Correct: Under Section 10(26) of the Income Tax Act, 1961, members of Scheduled Tribes residing in specified regions (including Tripura, Mizoram, Manipur, Nagaland, Arunachal Pradesh, and Ladakh) are exempt from paying income tax on income generated from sources within those areas, as well as on dividends or interest on securities. Statement 3 is Correct: Article 243D of the Constitution mandates the reservation of seats in Panchayats for Scheduled Castes (SCs) and Scheduled Tribes (STs). Furthermore, Article 243D(2) explicitly requires that not less than one-third of the seats reserved for SCs and STs must be reserved for women belonging to the Scheduled Castes or Scheduled Tribes. Since Statements 2 and 3 are correct, there are exactly two correct statements, which include Statement 2. Therefore, the correct conclusion is that there are two correct statements, that include statement 2.
Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?
The Fifth Schedule of the Indian Constitution deals with the administration and governance of Scheduled Areas, which are regions with a significant tribal population. It aims to safeguard the rights, culture, and land of tribal communities while preventing their exploitation. Under this Schedule, the Governor of a state with Scheduled Areas has special powers, including the authority to: - Declare any law related to the transfer of tribal land as null and void if it is found to violate the interests of the tribal population. - Prohibit or regulate the transfer of tribal land to non-tribals, ensuring that tribal communities retain control over their ancestral land and resources. These provisions act as a protective mechanism, preventing tribal communities from being forced or manipulated into selling their land for activities like mining, industries, or large-scale projects without adequate safeguards.
Which of the following statements with regard to the persons with disabilities in India is/are correct ?
1. The Rights of Persons with Disabilities Act, an Act passed by the Parliament of India in 2018, mandates reservation in education and employment, places a legal duty on Governments to ensure accessibility and non-discrimination.
2. The Sugamya Bharat Abhiyan focuses on achieving universal accessibility for Persons with Disabilities across three key domains — built infrastructure, transport systems and information and communication technology.
3. The National Divyangjan Finance and Development Corporation (NDFDC) is a public sector organisation set up by the Ministry of Corporate Affairs as a not-for-profit company to promote entrepreneurship among Persons with Disabilities (PwDs).
Select the answer using the code given below :
Statement 1 is Incorrect: The Rights of Persons with Disabilities (RPwD) Act was passed by the Parliament of India in 2016, not 2018. It aligns with the UN Convention on the Rights of Persons with Disabilities and places a legal obligation on governments to ensure non-discrimination and accessibility. It also mandates reservations for PwDs, such as increasing the quota to 4% in government employment and 5% in higher education. Statement 2 is Correct: The Sugamya Bharat Abhiyan (Accessible India Campaign) was launched in 2015 by the Department of Empowerment of Persons with Disabilities (DEPwD). It focuses on achieving universal accessibility for Persons with Disabilities across three key domains: built infrastructure (barrier-free public buildings), transport systems (accessible railways, airports, and roads), and information and communication technology (accessible government websites and digital ecosystems). Statement 3 is Incorrect: The National Divyangjan Finance and Development Corporation (NDFDC) is a Central Public Sector Undertaking registered as a not-for-profit company to provide concessional financial assistance to promote entrepreneurship, self-employment, and higher education among PwDs. However, it was set up under the aegis of the Ministry of Social Justice and Empowerment, not the Ministry of Corporate Affairs. Therefore, the correct option is B.
At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006?
At the national level, the Ministry of Tribal Affairs is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
Show 3 more PYQs
Under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, who shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both?
Under the Forest Rights Act, 2006, the Gram Sabha has been assigned to initiate the process for determining the nature and extent of individual or community forest rights or both that may be given.
Programme/ Project Ministry
1. Drought-Prone Area Programme: Ministry of Agriculture
2. Desert Development Programme: Ministry of Environment and Forests
3. National Watershed Development Project for Rainfed Areas: Ministry of Rural Development
Which of the above pairs are correctly matched?
Pair 1 is not correct: The drought prone area programme comes under Ministry of Rural Development. This programme aims to mitigate the impacts of droughts on crop production, livestock, land and water resources. Pair 2 is not correct: The Desert Development Programme comes under Ministry of Rural Development. The basic objective of the Desert Development Programme is to minimise negative effect of drought and control desertification. Pair 3 is not correct: The national watershed project for rainfed areas implemented by Ministry of Agriculture is an umbrella scheme under Pradhan Mantri Krishi Sinchayi Yojana.
Which of the following statements with respect to the Revamped Rashtriya Gram Swaraj Abhiyan (RGSA) is/are correct ?
1. The period of its implementation is 1st April, 2021 to 31st March, 2026.
2. The key objective of the Revamped RGSA is to develop the governance capabilities of the Panchayati Raj Institutions to deliver on the Sustainable Development Goals.
3. The share of the Central funding for the Revamped RGSA is 100% for all States and Union Territories.
Select the answer using the code given below :
Statement 1 is Incorrect: The Revamped Rashtriya Gram Swaraj Abhiyan (RGSA) was approved by the Cabinet Committee on Economic Affairs for implementation from 1st April 2022 to 31st March 2026 (co-terminus with the 15th Finance Commission period), not from 1st April 2021. Statement 2 is Correct: The primary objective of the revamped scheme is to develop and enhance the governance capabilities of Panchayati Raj Institutions (PRIs) so they can effectively deliver on the Sustainable Development Goals (SDGs). It focuses on the localization of SDGs at the grassroots level through inclusive local governance. Statement 3 is Incorrect: The Revamped RGSA is a Centrally Sponsored Scheme, meaning the funding is shared between the Centre and the States. It is not 100% centrally funded for all States and UTs. The sharing pattern is 60:40 (Centre:State) for general category States, and 90:10 for North-Eastern States, Hilly States, and the Union Territory of Jammu & Kashmir. 100% Central funding applies only to other Union Territories and specific Central components of the scheme. Therefore, option B is the correct answer.