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Home/Anthropology/Mains PYQ/2022/Paper II/Tribal Development, Policy & Safeguards
UPSC MainsAnthropology Optional Paper II 2022 15 Marks Model Answer Available

Tribal Council and Gram Sabha under PESA — 2022 Paper II

Question · 2022 · Paper II · 15 Marks

Compare the functioning of traditional ‘Tribal Council’ with that of ‘Gram Sabha’ under PESA.

Model Answer

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Approach

  • Demand of Question: Provide a structured institutional comparison between customary tribal councils and the statutory Gram Sabha established by PESA, analyzing their overlaps, differences, and intended convergence.
  • Structuring the Response: Define both institutions; structurally compare them across dimensions (authority, membership, jurisdiction, gender); explain how PESA harmonizes the two; highlight implementation challenges and recent updates; conclude.
  • Key Dimensions to Cover: Majhi-Pargana/Manki-Munda systems; customary law vs. statutory mandate; clan-based vs. universal adult franchise; PESA 1996 provisions (MFP, land, budget); women's participation; legal pluralism.

Model Answer

Introduction: Traditional tribal councils are ancient indigenous institutions of self-regulation rooted in kinship, territory, and unwritten customary law (e.g., the Manki-Munda system in Jharkhand). In contrast, the Gram Sabha under the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) is a modern, statutory democratic body designed to extend local self-government to Schedule V areas while respecting and integrating traditional tribal customs.

Comparative Functioning: Traditional Tribal Council vs. PESA Gram Sabha

  • 1. Source of Authority and Legitimacy:
    • Traditional Council: Derives authority from historical tradition, cultural beliefs, and customary law. Leadership is often hereditary or based on clan seniority.
    • PESA Gram Sabha: Derives authority from the Constitution of India and state-specific Panchayati Raj statutes. It enjoys formal, legally enforceable power.
  • 2. Membership and Inclusivity:
    • Traditional Council: Generally restricted to clan elders, village headmen, and specific families. It often suffers from patriarchal biases, severely limiting or barring the participation of women and marginalized sub-groups.
    • PESA Gram Sabha: Highly inclusive and democratic. It comprises every individual whose name is on the electoral roll of the village, ensuring universal adult franchise regardless of gender or clan hierarchy.
  • 3. Core Functions and Jurisdiction:
    • Traditional Council: Primarily functions as a socio-cultural and judicial body. It handles matters of marriage, inheritance, clan disputes, ritual obligations, and restorative justice based on community consensus.
    • PESA Gram Sabha: Functions as an executive and developmental body. Beyond safeguarding traditions, it holds statutory powers to approve socio-economic development plans, certify the utilization of government funds, manage village markets, and control institutions working in the social sector.
  • 4. Control over Resources:
    • Traditional Council: Regulates access to commons (forests, water) based on unwritten traditional boundaries and ecological taboos.
    • PESA Gram Sabha: Granted specific legal ownership over Minor Forest Produce (MFP), powers to prevent alienation of tribal land (and restore alienated land), and the mandate to be consulted before any land acquisition for development projects.

Interface and Legal Pluralism: PESA does not seek to dismantle traditional councils; rather, it institutionalizes legal pluralism. Section 4(a) of PESA mandates that State legislation must be in consonance with customary law, social and religious practices, and traditional management practices of community resources. In many regions, the traditional village headman (Majhi or Munda) is integrated into the Gram Sabha’s leadership to ensure cultural continuity.

Critical Perspective and Current Context: Despite this ideal design, convergence has been challenging. The lack of formalized state rules historically weakened PESA Gram Sabhas. However, with states like Madhya Pradesh, Chhattisgarh, and recently Jharkhand notifying their detailed PESA Rules, there is a renewed institutional push to formally harmonize the powers of line departments (forest, revenue) with the statutory authority of the Gram Sabha, curbing bureaucratic overreach.

Conclusion: Traditional tribal councils provide indispensable cultural continuity and social cohesion, while PESA Gram Sabhas supply inclusive, democratic, and legal authority. The genuine empowerment of tribal communities lies in the seamless convergence of both institutions, ensuring that indigenous traditions thrive without sacrificing modern constitutional rights and gender equity.

2026 Discuss the impact of democratic institutions on the tribal populations of India. 2026 Write an account on Development Action Plan for Scheduled Tribes (DAPST). 2026 What are the provisions given in the Constitution of India for the safeguard of the Scheduled Caste populations? 2026 Particularly Vulnerable Tribal Group (PVTG) of the islands.

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