PESA Act, 1996: Panchayats in Fifth Schedule Areas, Gram Sabha Powers and Implementation Gaps (UPSC Notes + PYQs)

UPSC has already asked about this. Read the story with these questions in mind.
- Prelims 2012In the areas covered under the Panchayat (Extension to the Scheduled Areas) Act, 1996, what is the role/power of Gram Sabha?Solve it below ↓
- Prelims 2013The Government enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996. Which one of the following is *not* identified as its objective?Solve it below ↓
Background: why Part IX could not simply be extended
When the 73rd Amendment created three-tier panchayats in 1992, Article 243M kept the Scheduled Areas of the Fifth Schedule outside its reach. These areas have their own customs, community resources and traditional ways of settling disputes, and a uniform panchayat model could have overridden them. Article 243M(4)(b) allowed Parliament to extend Part IX to these areas with exceptions and modifications. Parliament set up the Dilip Singh Bhuria Committee in 1994 to recommend how. Its report shaped the Panchayats (Extension to the Scheduled Areas) Act, 1996, known as PESA, which came into force on 24 December 1996. Its central idea is that the gram sabha, the assembly of all voters in a village, is the heart of self-rule, and that State laws must respect customary law, social and religious practices and traditional management of community resources.
Why a separate law
Article 243M kept Scheduled Areas out of the 73rd Amendment, because a uniform panchayat model could override customary tribal self-rule. The Dilip Singh Bhuria Committee (1995) proposed a law that respects custom and gives the village assembly real powers. Parliament passed PESA in December 1996.
Where it applies
Fifth Schedule areas in ten States: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana. Sixth Schedule areas of the North-East have autonomous district councils instead.
- LandConsulted before acquisition and resettlement
- Forest produceOwnership of minor forest produce
- MineralsRecommends minor mineral leases
- MarketsManages village markets
- LiquorCan regulate or ban sale
- MoneyControls moneylending
Gram sabha powers
- Safeguard traditions, community resources and customary dispute resolution.
- Approve plans and identify beneficiaries.
- Be consulted before land acquisition and resettlement.
- Recommend before grant of leases for minor minerals.
- Ownership of minor forest produce.
- Control over money-lending, liquor sale, village markets, and restoration of alienated land.
- Seats for STs in proportion, at least half; chairpersons at all levels to be STs.
The Niyamgiri moment
In 2013 the Supreme Court in Orissa Mining Corporation v. Ministry of Environment asked the gram sabhas of the Niyamgiri hills to decide whether bauxite mining would affect the Dongria Kondh’s religious and cultural rights. All twelve sabhas said no. It showed what PESA and the Forest Rights Act could mean together. The Samatha judgment (1997) had earlier barred transfer of tribal land in Scheduled Areas to private mining companies in Andhra Pradesh.
- 1Article 243M exempts Scheduled Areas
- 2Bhuria Committee report (1995)
- 3PESA Act passed (1996)
- 4State panchayat laws amended
- 5State PESA rules notified
- 6Gram sabha exercises powers
PESA and the Forest Rights Act
| Point | PESA, 1996 | Forest Rights Act, 2006 |
|---|---|---|
| Area | Fifth Schedule Areas in ten States | All forest land across India |
| Central unit | Gram sabha of a habitation or group of habitations | Gram sabha that starts the rights recognition process |
| Main powers | Consultation on land acquisition, ownership of minor forest produce, control of village markets and moneylending | Recognition of individual and community forest rights |
| Nodal ministry | Ministry of Panchayati Raj | Ministry of Tribal Affairs |
| Implementation | Through State panchayat laws and PESA rules | Through district and sub-divisional committees |
Why it is still weak
States were slow to frame rules: several took over two decades, and State laws on land, mining and excise often still override gram sabha consent. “Consultation” is read as a formality. Officials, not sabhas, control funds. The Ministry of Panchayati Raj has pushed model rules and training, but the gap between the text and the village is the main Mains theme.
The ten PESA States
The Fifth Schedule areas, and hence PESA, cover ten States: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana. The Sixth Schedule areas of Assam, Meghalaya, Tripura and Mizoram are governed by Autonomous District Councils and do not fall under PESA. Each State had to amend its panchayat law within a year to bring it in line with PESA and frame rules. Several States took decades to notify rules, and in many the rules dilute powers that the Act gives to the gram sabha, for example by making consultation advisory rather than binding, or by vesting minor forest produce in State corporations. A strong answer notes that the gap is not in the central law but in State follow-through.
Fifth Schedule vs Sixth Schedule
| Point | Fifth Schedule | Sixth Schedule |
|---|---|---|
| States | Ten States in central and western India | Assam, Meghalaya, Tripura, Mizoram |
| Institution | Tribes Advisory Council; Governor’s special powers | Autonomous District and Regional Councils |
| Law-making | Governor can modify or bar application of laws | Councils make laws on land, forests, customs |
| Local self-rule | Through PESA gram sabhas | Through the Councils themselves |
| Key Article | Article 244(1) | Articles 244(2) and 275(1) |
How to frame a Mains answer
A question on PESA usually asks you to judge whether tribal self-rule has worked. Start with the constitutional logic: Scheduled Areas were kept out of Part IX to protect distinct customs, and PESA was meant to give them a stronger, not weaker, form of local democracy. Then show the gap between law and practice with three or four points: delayed State rules, consultation treated as a formality, minor forest produce controlled by State agencies, and gram sabhas with little staff or money. Use examples such as Niyamgiri, where the Supreme Court asked gram sabhas to decide on religious and cultural rights before mining clearance, and Samatha, which protected tribal land from transfer to private miners. Conclude with reforms: binding consent for land and mining decisions, funds placed directly with gram sabhas, training of village functionaries, and convergence with the Forest Rights Act and the Tribal Sub-Plan. Linking PESA with Article 21, Article 244 and the idea of Gram Swaraj gives the answer depth.
Pesa Act: UPSC angle
For UPSC CSE
Prelims: year, States covered, gram sabha powers (minor forest produce, minor minerals). Mains GS-II: tribal self-governance, PESA with FRA, displacement and consent.
Pesa Act UPSC PYQs (Prelims)
Questions UPSC has actually asked, from the official papers. Pick an option to check yourself.
In the areas covered under the Panchayat (Extension to the Scheduled Areas) Act, 1996, what is the role/power of Gram Sabha?
– 1. Gram Sabha has the power to prevent alienation of land in the Scheduled Areas.
– 2. Gram Sabha has the ownership of minor forest produce.
– 3. Recommendation of Gram Sabha is required for granting prospecting licence or mining lease for any mineral in the Scheduled Areas.
Which of the statements given above is/are correct?
Under PESA, the Gram Sabha (and the panchayat) has power to prevent land alienation and holds ownership of minor forest produce. For prospecting licences and mining leases, the Act requires the recommendation of the Gram Sabha or the panchayat at the appropriate level, so the role is not exclusively the Gram Sabha’s, and UPSC’s key leaves out 3. Answer as per the official UPSC key · Battle IAS PYQ bankAnswer (b) & why
The Government enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996. Which one of the following is *not* identified as its objective?
PESA extends panchayats to Fifth Schedule areas to give tribal communities self-governance, respect customary rights and protect them from exploitation (land alienation, money-lending). Autonomous district councils are a Sixth Schedule feature, not part of PESA. Answer as per the official UPSC key · Battle IAS PYQ bankAnswer (c) & why
Mains PYQs on this topic
No UPSC Mains question from 2023-2026 is directly on this topic. Older papers (2013-2022) will be added as the Mains bank grows.
Quick quiz
PESA extends Part IX to
Ten States.Answer (b)
Under PESA, ownership of minor forest produce lies with
A key power.Answer (b)
PESA followed the recommendations of the
1995.Answer (c)
FAQs
In how many States does PESA apply?
Ten States with Fifth Schedule areas.
Does PESA apply in the North-East?
No. Sixth Schedule areas have autonomous councils.
What is the role of the gram sabha in land acquisition under PESA?
It must be consulted before acquisition and resettlement; the actual weight of consultation depends on State laws.
Which Article excludes Scheduled Areas from Part IX?
Article 243M.
Which committee recommended PESA?
The Dilip Singh Bhuria Committee, set up in 1994, whose report formed the basis of the 1996 Act.
Who is the nodal ministry for PESA?
The Ministry of Panchayati Raj, which issues model rules and monitors State implementation.
What was the Samatha judgment?
In 1997 the Supreme Court held that land in Scheduled Areas of Andhra Pradesh could not be leased to private non-tribal companies for mining.
Spotted an error? Tell us. We correct within 48 hours.
Image: Shashank Deora, Wikimedia Commons, CC BY-SA 4.0
How to use this in Mains
If asked: Why has PESA remained weakly implemented? Suggest measures. (GS-II)
Quote: “States were slow to frame rules: several took over two decades, and State laws on land, mining and excise often still override gram sabha consent.”
Use it: Your central argument in the body.
In the news

Supreme Court: no prior approval under Section 17A needed to probe a bribe demand
In a judgment of 16 October 2026, a Supreme Court Bench of Justices S.V.N. Bhatti and N.V. Anjaria held that investigating a bribe demand by a public servant does not need prior approval under Section 17A of the Prevention of Corruption Act. Asking for a bribe, the court said, is not part of discharging official duties.
19 Oct 2026
CCPA acts against online sale of explosives: 3,940 sellers delisted from seven platforms
The Central Consumer Protection Authority (CCPA) said on 19 October 2026 that 3,940 sellers of regulated explosives such as ammonium nitrate, picric acid and PETN have been delisted from seven online platforms after its action. It has fined Dial4Trade and ExportersIndia ₹10 lakh per order, and other cases are under hearing or investigation.
19 Oct 2026
India to host 61st CIML meeting on legal metrology in New Delhi, 26–28 October
India will host the 61st meeting of the International Committee of Legal Metrology (CIML) for the first time, in New Delhi from 26 to 28 October 2026. The Department of Consumer Affairs is organising it with the International Organization of Legal Metrology (OIML), and more than 100 delegates are expected, PIB said on 19 October.
19 Oct 2026
NMC withdraws MSMER-2023: medical colleges lose the fixed penalty rulebook, annual disclosure stays
The National Medical Commission (NMC) has de-notified the Maintenance of Standards of Medical Education Regulations, 2023 (MSMER-2023) by a notification dated 14 October 2026, published in the Gazette on 16 October. Its fixed penalties, including seat cuts and fines of up to ₹5 lakh for false records, go with it. The Annual Disclosure Report stays.
19 Oct 2026