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The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) extends Panchayati Raj to Fifth Schedule areas with modifications to protect tribal self-governance, but implementation gaps persist due to State-level resistance, capacity constraints, and conflicts with forest/environment laws.
- True
- False
Answer: True
PESA federal-tribal interface: (a) Constitutional basis: Fifth Schedule (Article 244(1)) for tribal areas in States except Northeast; PESA Act, 1996 operationalizes self-governance, (b) Key provisions: (i) Gram Sabha as primary unit with powers over land, resources, customs, (ii) Consultation with Gram Sabha for land acquisition, mining leases, (iii) Protection of tribal customs, community resources, traditional management, (c) Implementation challenges: (i) State laws diluting PESA provisions: Some States enacted rules limiting Gram Sabha powers, (ii) Bureaucratic resistance: Officials reluctant to devolve powers to tribal communities, (iii) Capacity gaps: Tribal communities need training, resources for effective governance, (iv) Legal conflicts: PESA vs. Forest Conservation Act, Mines and Minerals Act — overlapping jurisdictions create confusion, (d) Federal dimension: States responsible for implementation; Union monitors through Ministry of Tribal Affairs; judicial intervention (e.g., Samata case) reinforces tribal rights, (e) Applications: (i) Success stories: Some States (e.g., Andhra Pradesh, Odisha) implemented PESA effectively, empowering tribal communities, (ii) Challenges: Mining projects, land acquisition often bypass Gram Sabha consultation, violating PESA spirit, (f) Illustrates asymmetric federalism: Special arrangements for tribal autonomy within constitutional framework; effectiveness depends on political will, capacity building, and respect for tribal agency.