PESA Act and Governing of Scheduled Areas Flashcards
WHY IN NEWS?
Tribals in Chhattisgarh have been demanding the enactment of PESA rules for some time, as it would give them more power over their resources.
To fulfil this ,recently, the Chhattisgarh government has formulated draft rules under Panchayat Extension to Scheduled Areas (PESA) Act, 1996, terming it the Chhattisgarh Panchayat Provisions (Extension of the Scheduled) Rules, 2021.
ABOUT PESA ACT, 1996
The PESA Act was enacted to ensure self-governance through Gram Sabhas (village assemblies) for people living in the Scheduled Areas. It recognises the right of tribal communities, who are residents of the Scheduled Areas, to govern themselves through their own systems of self-government.
The Act empowers Gram Sabhas to play a key role in approving development plans and controlling all social sectors. This includes the processes and personnel who implement policies, exercising control over minor (non-timber) forest resources, minor water bodies and minor minerals, among other things.
Ten states — Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana — have notified Fifth Schedule areas that cover (partially or fully) several districts in each of these states.
After the PESA Act was enacted, the Union government circulated model PESA Rules. So far, six states have notified these Rules.
HISTORY AND BACKDROP OF PESA - WHY WAS IT NECESSARY?
To promote local self-governance in rural India, the 73rd constitutional amendment was made in 1992.
Through this amendment, a three-tier Panchayati Raj Institution was made into a law.
However, its application to the scheduled and tribal areas under Article 243(M) was restricted.
After the Bhuria Committee recommendations in 1995, PESA Act 1996 came into existence for ensuring tribal self-rule for people living in scheduled areas of India.
SCHEDULED AREAS AND ARTICLE 243(M)
Part 10 of the Indian Constitution entails the provisions related to Scheduled and Tribal Areas with Articles 244 – 244 A.
President is empowered to declare an area as Scheduled Area
With the consultation of the governor of the state, the President can alter, add, diminish the boundary of a Scheduled Area
Both the Centre and the State have their roles to play in the administration of the Scheduled areas. While the governor of the state has to report annually to the President over the management of such area, the Centre gives directions to the state regarding the administration of such areas.
A tribal advisory council is a must for the states having scheduled areas
It has 20 members (Three-Fourth of which are Scheduled Tribes’ representatives in that state legislative assembly.)
The power to decide whether any central or state legislation implies over the state having scheduled areas, lies in the hands of the Governor.
Governor can also repeal or amend any regulations w.r.t to the state having scheduled areas but only with the assent of the President of India
The first commission to report on the administration and welfare of the Scheduled Areas was established in 1960 and was headed by UN Dhebar
