Question

Which is/ are true regarding Panchayats (Extension to Scheduled Areas) Act, 1996 ?

1. It aims to safeguard and preserve the customs of tribals.
2. It aims to wake Gramsabha the nuclear of all activities.
3. It is applicable to nine states with scheduled areas.
4. Only two states have enacted legislation complaint with PESA provisions.

• A. None of these
• B. ii only
• C. i
• D. i, ii, iii

Answer 1

Answer:

D. i, ii, iii

The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA):

• Objective: To empower tribal communities by extending the provisions of Part IX of the Constitution (which deals with Panchayats) to the Scheduled Areas. It seeks to provide self-governance to tribal populations in accordance with their own customs and traditions.

• Key Provisions:

  • Safeguarding Customs: PESA explicitly aims to safeguard and preserve the distinct culture, customs, traditions, and heritage of tribal communities (Statement 1 is true).

  • Empowering Gram Sabha: It recognizes the Gram Sabha as the primary unit of governance, holding the power to manage minor forest produce, enforce prohibition, control local markets, and protect community resources. The Gram Sabha is intended to be the nucleus of all activities (Statement 2 is true).

  • Applicability: PESA is applicable to the 'Scheduled Areas' as notified under the Fifth Schedule of the Constitution. Currently, these areas are present in nine states: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan (Statement 3 is true).

  • State Legislation: While PESA was enacted in 1996, many states have been slow to enact compatible legislation. As of recent data, only a few states have fully aligned their Panchayat Acts with the spirit and letter of PESA. The statement that only two states have enacted compliant legislation (Statement 4 is false) is an understatement; the number is generally higher, though implementation varies greatly. For competitive exams, it's important to note that the *spirit* of PESA often requires states to adapt their existing laws substantially, which has been a slow process.

• Constitutional Basis: PESA is an extension of Article 243 to 243-O of the Constitution, specifically to areas not covered by the 73rd Constitutional Amendment Act, 1992, which brought Panchayats into the constitutional framework.