30 Years Since Implementation Of PESA (The Provisions Of The Panchayats (Extension To The Scheduled Areas) Act, 1996)

Garima Shree, KIIT School of Law, Bhubaneshwar

INTRODUCTION:

Since it was enacted thirty years ago, the Panchayats (Extension to the Scheduled Areas) Act, 1996's provisions have continued to reflect India's determined effort to strengthen grassroots democracy in tribal areas. It was created after the 73rd Constitutional Amendment and aimed to integrate the traditional self-governance practices of the Adivasi groups in the Fifth Schedule territories with the formal Panchayati Raj institutions. It acknowledges the Gram Sabha as the primary decision-making body and moves government toward a participatory framework based on local customs, collective consent and community stewardship of natural resources.

PESA was enacted following the recommendations of the Bhuriya Committee (1995), which examined how Panchayati Raj institutions could be adapted to the socio-cultural context of Scheduled Areas. The Act derives its constitutional basis from Article 243M(4)(b) of the Constitution, which authorised Parliament to extend Panchayati Raj provisions to Scheduled Areas with suitable modifications.

Thirty years after it was put into effect, the legislation gives tribal groups the power to manage their local resources, protect their culture, control village markets, and take part in development plans that impact their lands and means of subsistence. Instead of only being passive recipients of governmental policy, it has made it possible for these communities to actively participate in their lives. PESA serves as a reminder that significant decentralization necessitates ongoing institutional commitment. At thirty, PESA stands not as a completed project but as an ever- evolving experiment in democratic self-governance for India’s tribal communities.