Scheduled Areas (PESA)

Chandrapur: Article 244 of the Indian Constitution includes provisions for “Scheduled Areas” under the Fifth and Sixth Schedules. According to Article 243M, the provisions of Part IX of the Constitution regarding Panchayats do not apply to Scheduled Areas. Under the Fifth Schedule, the Governor has the authority to administer, control, and apply, modify, or exempt laws made by Parliament and the State Legislature in Scheduled Areas. The power to declare, modify, or cancel Scheduled Areas rests with the President of India.

Background of Scheduled Areas

The Montagu-Chelmsford Committee (1918) was the first to deliberate on tribal issues and recommended excluding tribal areas from provincial governments. Fully excluded areas were small, while partially excluded areas were larger and placed under the joint responsibility of Governors and the Governor-General’s Council. The committee suggested that tribal-dominated areas should be excluded from proposed political reforms and administered by the respective Provincial Governors. Accordingly, the Government of India Act, 1919, categorized areas as fully or partially excluded.

Simon Commission (1928)

The Simon Commission (First Statutory Commission) addressed tribal issues, observing that the tribal population was not politically advanced and required protection for land ownership, livelihood, traditions, and customs. The Commission emphasized that missionary or individual efforts alone were insufficient for tribal welfare. It recommended reserved funds for educational and welfare activities and the categorization of areas as fully or partially excluded. Based on its recommendations, the Government of India Act, 1935, officially designated Scheduled Districts.

Scope of Scheduled Areas

The Fifth Schedule includes Scheduled Areas in 10 states: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana. The Sixth Schedule applies to four states: Assam, Meghalaya, Tripura, and Mizoram. In Maharashtra, Scheduled Areas span 13 districts: Pune, Thane, Palghar, Nashik, Dhule, Jalgaon, Nandurbar, Ahmednagar, Nanded, Amravati, Yavatmal, Chandrapur, and Gadchiroli.

Criteria for Scheduled Areas

• Tribal population should not be less than 50%
• Compactness and administrative viability (district, taluka)
• Economic backwardness compared to neighboring regions

Maharashtra’s Scheduled Areas were notified on December 2, 1985.

73rd Constitutional Amendment (1993)

The 73rd Amendment, effective from April 24, 1993, strengthened Panchayati Raj institutions. However, provisions of Part IX did not automatically apply to Scheduled Areas.

Dilip Singh Bhuria Committee (1994)

In June 1994, the Central Government formed a committee under MP Dilip Singh Bhuria to recommend how Panchayati Raj structures could be implemented in Scheduled Areas. The committee submitted its report in January 1995, recommending a three-tier self-governance model for tribal regions:

1. Gram Sabha for each habitation to control natural resources, resolve disputes, and manage local institutions.
2. Gram Panchayat, elected from Gram Sabha representatives, serving as an appellate authority.
3. Block/District level institutions as higher tiers.

Outcome

Based on Bhuria Committee’s recommendations and demands from tribal organizations, the Panchayats (Extension to Scheduled Areas) Act (PESA), 1996 was enacted to extend Part IX provisions of the Constitution to Scheduled Areas.

Key Provisions of PESA:

1. State laws on Panchayats must align with customary laws, social and religious practices, and traditional resource management.
2. Villages will be defined as habitations or clusters governed by their traditions.
3. Every village will have a Gram Sabha comprising all voters listed in electoral rolls.
4. Gram Sabhas will have authority to safeguard traditions, cultural identity, and community resources.
5. Gram Sabhas must approve plans and programs before implementation.
6. Panchayats must obtain utilization certificates from Gram Sabhas for allocated funds.
7. Reservation of seats in Panchayats will proportionally reflect the tribal population, not less than 50%, and all Panchayat chairperson posts will be reserved for Scheduled Tribes.
8. State Governments may nominate tribal members to higher-tier Panchayats where they are unrepresented.
9. Consent of Gram Sabha or Panchayat is mandatory before land acquisition or resettlement in Scheduled Areas.
10. Panchayats will be empowered to manage minor water bodies.
11. Prior recommendation of Gram Sabha/Panchayat is necessary before granting licenses for minor minerals.
12. Panchayat’s consent is mandatory before granting concessions for minor mineral exploitation.
13. Panchayats will be vested with powers over prohibition/regulation of intoxicants, ownership of minor forest produce, prevention of land alienation, management of local markets, control over money lending, institutions, and planning of socio-economic programs.
14. State laws will ensure higher-tier Panchayats do not usurp powers of lower-tier Panchayats or Gram Sabhas.
15. Administrative arrangements at the district level in Scheduled Areas will aim to follow Sixth Schedule patterns.

PESA Rules

Maharashtra framed The Maharashtra Gram Panchayats (Extension to Scheduled Areas) Rules, 2014 to operationalize PESA.