Polity & Governance
PESA Act 1996: Gram Sabha Powers, Fifth Schedule and Implementation — UPSC Notes
By Shivam Singh, Founder & Mentor, Minimalist IAS
· 10 min read
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The Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) extends Part IX of the Constitution to the Fifth Schedule areas of ten States and makes the gram sabha the centre of tribal self-governance. Every gram sabha is competent to safeguard tribal customs, cultural identity, community resources and customary dispute resolution. Scheduled Areas cover 77,564 villages (Lok Sabha Standing Committee, 2026).
Why in news: According to reports, Chhattisgarh gram sabhas are citing PESA to bar pastors and converts and to refuse community land for Christian burials, as the State tightens its conversion law (2026). Courts have settled only part of where a gram sabha’s power ends.
Syllabus mapping
Prelims: ‘Indian Polity and Governance — Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.’
GS Paper II: ‘devolution of powers and finances up to local levels and challenges therein’.
GS Paper I: ‘Salient features of Indian Society, Diversity of India’. Related: forest rights and tribal consent.
Why was the PESA Act needed?
The syllabus shows where PESA sits; a gap in the 73rd Amendment explains why it exists.
Gap: Part IX (73rd Amendment, 1992) excluded Scheduled Areas under Article 243M(1).
Enabling clause: Article 243M(4)(b) lets Parliament extend Part IX to them with modifications.
Fifth Schedule fell short: it works from the top (Governor, Tribes Advisory Council) and creates no village-level body.
Bhuria Committee: appointed in 1994, it reported in 1995; its design became the 1996 Act.
Aim: extend panchayats without disturbing tribal customary set-ups; MoPR calls it a ‘Constitution within the Constitution’.
Key features of the PESA Act
The Act builds no new institution; it rewrites what a gram sabha can do inside the panchayat system.
Coverage: Scheduled Areas of 10 States: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Telangana. No State panchayat law may be inconsistent with Section 4.
Core competence (Section 4(d)): each gram sabha, based on a hamlet managing its affairs by custom, safeguards traditions, cultural identity, community resources and customary dispute resolution.
Approves plans and projects before the panchayat acts; selects beneficiaries; certifies fund use.
Land and resources: consulted before land acquisition; prevents land alienation; owns minor forest produce; recommendation mandatory for minor-mineral licences, leases and auctions.
Social control: regulates intoxicants, village markets and money-lending to Scheduled Tribes.
Representation: at least half the seats, and every chairperson post, reserved for STs.
How does PESA work?
These features operate as a chain of authority, and each link must fit the one above it.
Layer 1, Constitution: Part III rights bind everyone; Article 243M(4)(b) is PESA’s source.
Layer 2, PESA: Section 4 sets the features State law must carry.
Layer 3, State law and Rules: Panchayati Raj Acts, subject laws and PESA Rules supply procedure and remedies.
Layer 4, gram sabha: its resolution stands only if consistent with the layers above.
Analogy: zoning. The Constitution draws the boundary, PESA gives a bigger plot, State Rules mark its lines, and the gram sabha builds inside them.
Takeaway: the power is real but derived, and bounded by Part III.
Fifth Schedule vs Sixth Schedule: what PESA covers
PESA works only inside Fifth Schedule areas, a boundary aspirants often blur with the Sixth Schedule.
Feature | Fifth Schedule | Sixth Schedule |
|---|---|---|
Article | Article 244(1) | Article 244(2) |
Where | Scheduled Areas in 10 States | Tribal areas of Assam, Meghalaya, Tripura, Mizoram |
Declared by | President, by order (paragraph 6) | Governor sets up autonomous districts |
Run by | State government; Governor reports yearly to the President; advisory Tribes Advisory Council (up to 20, about three-fourths ST MLAs) | Autonomous District Councils (up to 30: 26 elected, 4 nominated), law-making |
Key power | Governor can modify or exclude laws; curb land transfer | Councils legislate on land, forests, marriage, inheritance; village courts |
Panchayats | Part IX extended by PESA | Councils instead |
Significance of the PESA Act
Seen against that structure, the Act matters in three ways.
Democratic: hamlet-level participatory democracy, with the gram sabha ahead of the elected panchayat.
Constitutional: devolution, not delegation; State law cannot dilute Section 4.
Livelihood and cultural: forest produce, land consultation and customary dispute resolution gain legal backing.
Issues and challenges
Significance on paper depends on rules and practice, and the official record shows the gap.
Late Rules (Standing Committee, July 2026): nine of ten States have notified Rules, Jharkhand last (January 2026); Odisha’s 2023 draft is unnotified, which the Committee says hurts field implementation.
Diluted State laws (MoPR, 2021): of six key subject laws (land, excise, forest produce, mines, markets, money-lending), only Gujarat reported all PESA-compliant; Andhra Pradesh and Telangana none.
Weak operation (2026): several powers are ‘inadequately operationalized’ for lack of awareness; MoPR ranks Odisha and Jharkhand ‘beginners’.
Consultation, not consent: Section 4 mandates consultation on land; prior consent comes from the 2013 land-acquisition law and a September 2025 MoPR advisory.
Overlaps: the Committee flagged fraudulent tribal land transfers and confusion between PESA, the Forest Rights Act and land laws.
Current relevance: can a gram sabha restrict religious activity?
The Chhattisgarh disputes test the last link in the chain above.
Direct answer: not beyond the Constitution. PESA lets a gram sabha safeguard customs and community resources, but that power is derived and stops at Part III; only forced, fraudulent or induced conversion may be prohibited, and by law.
Kanker hoardings: villages barred pastors and ‘converted Christians’, citing Section 4(d), the Fifth Schedule and the 2022 Rules. The Chhattisgarh High Court (October 2025, Digbal Tandi) held a general cautionary hoarding against illegal conversion not unconstitutional per se, said gram sabha powers must stay within the Constitution, and sent petitioners to Rule 14 (gram sabha, then SDO (Revenue)). The Supreme Court dismissed the challenge in February 2026.
Burial: Ramesh Baghel (January 2025): a split Supreme Court Bench ended with burial at a designated ground about 20 km away.
Prayer at home: High Court (April 2026, Badri Prasad Sahu): peaceful prayer at home needs no prior permission, subject to Article 25.
New law: Chhattisgarh’s 2026 Freedom of Religion law (assent April) needs advance declaration to the District Magistrate; up to life imprisonment for ‘mass conversion’.
Part III limits: Article 25 is subject to public order, morality and health; *Rev. Stainislaus* (1977): propagation excludes conversion by force, fraud or inducement. Articles 14, 19(1)(d) and 21 bar unequal treatment, restraint of movement and denial of dignity. Whether a gram sabha may exclude individuals or refuse burial land is unsettled.
Landmark judgments and milestones
In each case the courts have ranked the layers above.
Rev. Stainislaus (1977): upheld the MP and Orissa conversion laws; no fundamental right to convert another person.
Samatha v State of Andhra Pradesh (1997): Scheduled Area land cannot be leased to non-tribals or private firms for mining.
Union of India v Rakesh Kumar (2010): ST-only chairperson posts upheld under Article 243M(4)(b).
Niyamgiri (Orissa Mining Corporation v MoEF, 2013): gram sabhas to decide whether mining harms religious and cultural rights; a Forest Rights Act, not PESA, ruling.
Steps taken
The Centre has responded with capacity building rather than amendment.
PESA Cell in MoPR and seven training manuals (September 2024); 15,500+ dedicated staff under RGSA.
PESA–GPDP portal: about 96% of gram panchayats in PESA States made village-wise plans for 2025-26.
Consent advisory to all PESA States (September 2025).
Ranking and research: State ranking (December 2025) led by Maharashtra and Madhya Pradesh; Centre of Excellence at IGNTU (July 2025).
Way forward
The Standing Committee’s July 2026 report points to the fixes.
Complete the legal base: notify Odisha’s Rules; review all State Rules for conformity.
Make consent operational: guidelines on consultation and consent for land and mining, with social audit.
Record resolutions digitally, so quorum and procedure can be checked.
Harmonise laws: PESA, the Forest Rights Act, land laws and State Acts.
Build capacity: training in tribal languages, State PESA cells, an independent performance index.
Protect rights: a time-bound grievance route (as Rule 14) and neutral policing.
PESA makes the gram sabha the primary unit of tribal self-rule; thirty years on, its strength rests on notified Rules, aligned State laws and trained gram sabhas, within the limits of Part III.
Using PESA in a Mains answer
Introduction: PESA (1996), under Article 243M(4)(b), makes the gram sabha the unit of tribal self-rule in Fifth Schedule areas.
Body: design (Section 4(d), land, forest produce, minerals); gaps (late Rules, diluted State laws, consultation vs consent); rights balance (Article 25, *Stainislaus*, Rule 14).
Way forward and conclusion: notified Rules, digital records, consent guidelines; autonomy and liberty are layers, not rivals.
Related PYQs
UPSC CSE Prelims 2023:
With reference to ‘Scheduled Areas’ in India, consider the following statements:
1. Within a State, the notification of an area as Scheduled Area takes place through an Order of the President.
2. The largest administrative unit forming the Scheduled Area is the District and the lowest is the cluster of villages in the Block.
3. The Chief Ministers of the concerned States are required to submit annual reports to the Union Home Ministry on the administration of Scheduled Areas in the States.
How many of the above statements are correct?
(a) Only one
(b) Only two
(c) All three
(d) None
Answer: (b) Only two. Use: the President declares; the Governor, not the Chief Minister, reports.
UPSC CSE Mains 2026, GS Paper II:
“Does India’s tribal development policy reflect the aspirations for a socially grounded and equity-based governance ? Justify your answer.” (150 words; 10 marks)
Use: PESA as the self-governance strand; gaps from the data above.
See the detailed explanations: Prelims 2023 · Mains 2026 in the free PYQ vault, with year-wise analysis. Free to browse; free sign-up to download.
Mentor’s note
Don’t write that a gram sabha owns local resources or can veto projects. Section 4 says ‘consulted’ for land, ‘recommendation’ for minor minerals and ‘ownership’ only of minor forest produce.
Begin from Article 244(1). UPSC has tested the Fifth Schedule in Prelims 2019, 2022, 2023 and 2025, and in 2026 a statement placed the Sixth Schedule’s four States under it.
Treat Chhattisgarh as layering, not a verdict. The High Court held only that a general cautionary hoarding was not unconstitutional per se; do not say courts upheld bans on people.
Prelims traps and 60-second revision
Wrong schedule: PESA covers Fifth Schedule areas (Article 244(1)), not the Sixth Schedule’s.
Consent: Section 4 says ‘consulted’ on land; consent comes from the 2013 land law.
Minerals: the gram sabha’s mandatory recommendation covers minor minerals only.
Who declares: the President declares Scheduled Areas and the Governor reports, not the Chief Minister.
60-second revision
Q: Which Article let Parliament extend Part IX to Scheduled Areas? Article 243M(4)(b).
Q: Which committee shaped PESA? The Bhuria Committee (1994–95).
Q: Which State has no notified PESA Rules (July 2026)? Odisha.
Q: What does propagation exclude (Stainislaus, 1977)? Conversion by force, fraud or inducement.
Target Prelims MCQs
Consider the following statements about the PESA Act, 1996:
It was enacted under Article 243M(4)(b).
The gram sabha’s recommendation is mandatory before a mining lease for any mineral is granted in a Scheduled Area.
It requires the gram sabha’s prior consent before land is acquired in Scheduled Areas.
Which of the statements given above is/are correct?
(a) 1 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1, 2 and 3
Answer: (a) 1 only
Explanation:
Statement 1 is correct: Article 243M(4)(b) is the enabling provision.
Statement 2 is incorrect: the mandatory recommendation covers minor minerals only.
Statement 3 is incorrect: the Act requires consultation; consent comes from the 2013 land-acquisition law.
Consider the following pairs:
Declaration of Scheduled Areas : President, by order
Ownership of minor forest produce in Scheduled Areas : Gram sabha and panchayats at the appropriate level
Reservation for STs in panchayats of Scheduled Areas : Not less than one-third of seats
How many of the pairs given above are correctly matched?
(a) Only one
(b) Only two
(c) All three
(d) None
Answer: (b) Only two
Explanation:
Pairs 1 and 2 are correct: the President declares Scheduled Areas (paragraph 6), and Section 4 gives ownership of minor forest produce.
Pair 3 is incorrect: ST reservation must be not less than one-half of seats.
Consider the following statements:
Statement-I: In Scheduled Areas, every chairperson post of panchayats at all levels is reserved for Scheduled Tribes.
Statement-II: Article 243M(4)(b) allows Parliament to extend Part IX to Scheduled Areas with exceptions and modifications.
Which one of the following is correct in respect of the above statements?
(a) Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
(b) Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
(c) Statement-I is correct, but Statement-II is incorrect
(d) Statement-I is incorrect, but Statement-II is correct
Answer: (a) Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
Explanation:
Both statements are correct: the Act reserves all chairperson posts for STs.
(a) is correct: Article 243M(4)(b) permits such modifications, as the Supreme Court held in Union of India v Rakesh Kumar (2010).
Mains practice questions
Nearly three decades after the PESA Act, 1996, gram sabhas in Scheduled Areas remain weakly empowered. Examine the reasons and suggest measures. (Answer in 150 words; 10 Marks)
Gram sabhas in Scheduled Areas are invoking PESA to restrict the entry of religious preachers and the use of community land. In the light of Articles 14 and 25, critically examine the limits of a gram sabha’s powers under PESA. (Answer in 250 words; 15 Marks)
Terms to know
MFP: minor forest produce, i.e. non-timber forest produce of plant origin.
RFCTLARR Act, 2013: the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act.
Frequently asked questions (FAQs)
What is the PESA Act?
The Panchayats (Extension to the Scheduled Areas) Act, 1996 extends Part IX to Fifth Schedule areas of ten States, making the gram sabha the centre of tribal self-governance over customs, resources and land.
What is the difference between the Fifth and Sixth Schedules?
The Fifth Schedule (Article 244(1)) governs Scheduled Areas in ten States through the Governor and a Tribes Advisory Council. The Sixth Schedule (Article 244(2)) gives autonomous councils to four North-Eastern States.
Can a gram sabha ban pastors or conversions under PESA?
No. A gram sabha’s PESA powers cannot override Part III. Article 25 protects practice; only forced or fraudulent conversion may be barred by law. The High Court allowed only general cautionary notices.
Is gram sabha consent mandatory before land acquisition?
PESA requires consultation. The 2013 land-acquisition law separately requires prior gram sabha consent in Scheduled Areas; MoPR advised States to follow it in September 2025.
Related reading
Great Nicobar Project and the Shompen: forest rights and tribal consent
Practise previous-year Polity and Fifth Schedule questions in the free PYQ vault
Revise the NCERT basics of local government in NCERT Foundations
Sources
Minimalist IAS static notes — by Shivam Singh.
Spotted an error or something outdated? Tell us — we correct it.
About the author
Shivam Singh
Founder & Mentor, Minimalist IAS
Shivam has been through every stage of the exam himself — Prelims, repeated Mains attempts across UPSC and state civil services, and the interview board. For 7 years he has mentored aspirants one-to-one, helping 100+ clear various stages of the exam, including final selections.
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