Scheduled & Tribal Areas — Fifth Schedule, PESA
GS Paper: GS Paper II | Subject: Polity
Prelims
PESA Act & Post-Maoism Bastar (The Hindu, 04-06-2026)
- India officially declared Maoist-free: March 31, 2026
- Home Minister press conference in Jagdalpur, Chhattisgarh, May 19, 2026
- Next milestone: 2031 — full integration of Bastar Adivasis into mainstream
- PESA = Panchayats (Extension to Scheduled Areas) Act, 1996
- Applies to: Fifth Schedule Areas (Art. 244) — Adivasi-majority tribal regions
- Core unit: Gram Sabha — granted decisive powers
- Gram Sabha powers: Manage community resources; customary law dispute resolution; consent on land/livelihood matters
- Implementation: Left to States — record described as "dismal"
- Key concern: jal, jungle, zameen (water, forest, land) — core Adivasi demands
- 2022: Chhattisgarh govt proposed replacing "consent" with "consultation" in PESA — would have diluted Gram Sabha's veto (proposal dropped under pressure)
- Fifth Schedule (Art. 244): Governor has special responsibilities for tribal welfare in Scheduled Areas; Tribes Advisory Council mandatory
Mains
PESA Act — Post-Maoism Governance Challenge (The Hindu, 04-06-2026)
- Tactical vs structural victory: Defeating Maoism militarily is only half the battle. Adivasis turned to Maoism because of land dispossession, forest rights denial, and governance vacuum. Without addressing these, insurgency can recur
- PESA as the constitutional promise: PESA elevates Gram Sabha above government-appointed officials in tribal governance — if implemented in letter and spirit, it delivers self-governance to Adivasis (decentralized governance + cultural recognition)
- Why implementation fails: (1) States interpret PESA narrowly to retain control; (2) Revenue officials bypass Gram Sabha for project clearances; (3) Development projects (mining, dams) override Gram Sabha consent; (4) Forgery of Gram Sabha resolutions
- Consent vs consultation dilution: Replacing "consent" with "consultation" would make Gram Sabha a rubber stamp. Gram Sabha consent is the anti-exploitation firewall for Adivasis — diluting it defeats PESA's purpose
- Constitutional basis: Art. 244 + Fifth Schedule + PESA form a triangulated protection framework. Forest Rights Act (2006) adds another layer — Gram Sabha must consent to forest diversion
- UPSC angle: PESA is asked directly in Mains. Key angle: "Why has PESA failed to protect tribal rights despite 30 years?" Answer: State-level implementation gaps, inadequate Gram Sabha empowerment, development vs. rights tension