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Home/Anthropology/Mains PYQ/2018/Paper II/Tribal Development, Policy & Safeguards
UPSC MainsAnthropology Optional Paper II 2018 15 Marks Model Answer Available

PESA Act 1996 and the Sixth Schedule — 2018 Paper II

Question · 2018 · Paper II · 15 Marks

Discuss the salient features of PESA Act of 1996 and attempt a comparison with the features of the VI Schedule.

Model Answer

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Approach

  • Demand of Question: Explain the major provisions of PESA, 1996 and compare its model of tribal self-governance with constitutional autonomy under the Sixth Schedule.
  • Structuring the Response: Present PESA’s Gram Sabha powers first, then contrast territorial scope, institutions and legislative-administrative authority with the Sixth Schedule.
  • Key Dimensions to Cover: Fifth Schedule, Gram Sabha, customs, MFP, land alienation, mining, reservation, Autonomous District Councils, legislative powers and self-governance.

Model Answer

Introduction: The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) extended Part IX of the Constitution to Scheduled Areas under Article 244(1) with modifications intended to protect tribal traditions and self-governance. The Sixth Schedule, by contrast, provides constitutionally entrenched Autonomous District and Regional Councils in tribal areas of Assam, Meghalaya, Tripura and Mizoram.

Salient features of PESA

  1. Gram Sabha as the foundation

PESA gives the Gram Sabha a central position in tribal self-government.

It is empowered to safeguard:

  • traditions;
  • customs;
  • cultural identity;
  • community resources;
  • customary modes of dispute resolution.

Thus:

Customary community → Gram Sabha → Local self-governance

  1. Custom-sensitive legislation

State Panchayat laws applicable to Scheduled Areas should remain consistent with:

  • customary law;
  • social practices;
  • religious practices;
  • traditional management of community resources.

This attempts to reconcile modern democratic governance with indigenous institutions.

  1. Development planning

Gram Sabhas are given important roles in:

  • approving local development plans;
  • identifying beneficiaries;
  • certifying utilization of funds.

This seeks to replace:

Top-down development → Participatory tribal development

  1. Control over natural resources

PESA provides important powers relating to:

  • minor forest produce;
  • minor water bodies;
  • village markets;
  • local plans and resources.

This is particularly significant because tribal subsistence frequently depends upon common resources.

  1. Prevention of land alienation

Panchayats and Gram Sabhas are to receive powers to:

  • prevent unlawful alienation of tribal land;
  • take appropriate action for restoration.

This addresses one of the oldest causes of tribal deprivation.

  1. Moneylending and markets

Local institutions may exercise control over:

  • moneylending to Scheduled Tribes;
  • village markets.

These provisions attempt to reduce exploitation by external intermediaries.

  1. Mining

Recommendation of the Gram Sabha or appropriate Panchayat is required before grant of certain concessions concerning minor minerals, strengthening local participation in resource decisions.

  1. Land acquisition and rehabilitation

PESA requires consultation of the Gram Sabha or appropriate Panchayat before land acquisition in Scheduled Areas and before resettlement and rehabilitation of affected persons.

  1. Political representation

PESA provides strong representation for Scheduled Tribes in Panchayats in Scheduled Areas, including reservation arrangements intended to ensure substantial tribal control over local governance.

Comparison with the Sixth Schedule

The Sixth Schedule establishes Autonomous District Councils and Regional Councils with constitutionally specified administrative powers in tribal areas of Assam, Meghalaya, Tripura and Mizoram.

Basis PESA, 1996 Sixth Schedule
Constitutional setting Fifth Schedule areas/Part IX extension Article 244(2) and Sixth Schedule
Core institution Gram Sabha and Panchayat Autonomous District/Regional Council
Geographical model Village-based decentralized governance Territorial autonomous districts/regions
Main philosophy Grassroots self-rule Regional tribal autonomy
Customary law Recognition/protection through state Panchayat laws Councils may make laws on specified customary and social matters
Natural resources Gram Sabha/Panchayat powers over specified local resources Councils possess wider powers over specified land, forests and local administration
Judicial role Customary dispute resolution recognized District/Regional Councils have specified judicial powers
Legislative power Limited; primarily powers through state legislation Substantive law-making powers over enumerated subjects
Financial powers Dependent substantially on Panchayat/state framework Councils possess specified taxation and financial powers
Institutional autonomy Comparatively limited Relatively stronger constitutional autonomy

Sixth Schedule: deeper autonomy

District and Regional Councils are constitutional corporate bodies, and administration of autonomous districts/regions is vested in these councils within the framework of the Schedule.

Their powers extend, subject to constitutional provisions, to matters such as:

  • land;
  • non-reserved forests;
  • shifting cultivation;
  • village administration;
  • social customs;
  • local taxation;
  • certain judicial functions.

Therefore:

PESA → Decentralized participatory self-government

whereas:

Sixth Schedule → Territorial-autonomous governance

Similarities

Both seek to:

  • protect tribal identity;
  • recognize customary institutions;
  • provide local control;
  • reduce externally imposed administration;
  • strengthen decision-making over local resources.

Major difference

The Sixth Schedule provides stronger institutional and legislative autonomy, whereas PESA operates largely by modifying the ordinary Panchayati Raj framework in Fifth Schedule areas.

Thus:

PESA = Empowered Gram Sabha within Panchayati Raj

Sixth Schedule = Autonomous Council with legislative-administrative authority

Critical assessment of PESA

The potential of PESA is often weakened by:

  • incomplete devolution by state laws;
  • bureaucratic dominance;
  • poor awareness of Gram Sabha powers;
  • conflict with sectoral laws relating to forests and mining;
  • weak implementation.

Hence:

Strong statutory principle ≠ Automatic self-rule

Conclusion

PESA represents a major attempt to introduce tribal self-governance from below through the Gram Sabha, while the Sixth Schedule provides a stronger system of territorial autonomy through constitutionally empowered councils. Both seek accommodation of tribal distinctiveness within the Indian state, but effective self-rule ultimately depends on genuine transfer of authority over land, resources and decision-making.

2026 Particularly Vulnerable Tribal Group (PVTG) of the islands. 2026 'Dharti Aaba Janjatiya Gram Utkarsh Abhiyan aims to meet some of the Sustainable Development Goals'. Discuss. 2026 Write an account on the contribution of Verrier Elwin in developing policies for the tribal populations in post-independent India. 2026 Article 371A of the Indian Constitution.

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