Jharkhand Implements PESA After 25 Years, Sparks Tribal Debate

Twenty-five years after attaining statehood, Jharkhand has notified rules under the Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA), promising enhanced self-governance for tribal communities in Fifth Schedule Areas. The long-delayed move has reopened constitutional, political and social debates over the authority of the Gram Sabha, the role of customary law and the extent of administrative control.

Delayed Implementation and Coverage

PESA was enacted by Parliament in 1996 to extend grassroots self-governance to Scheduled Areas. While eight of India’s ten Fifth Schedule states implemented it earlier, Jharkhand acted only now. The rules apply fully in 13 of the state’s 24 districts, including Ranchi, Khunti, Gumla, Simdega and West Singhbhum, with partial implementation in Palamu, Garhwa and Godda. As per the 2011 Census, Scheduled Tribes constitute 26.3 per cent of Jharkhand’s population, with over half residing in more than 12,000 villages.

Powers Granted to the Gram Sabha

Under the notified rules, the Gram Sabha is designated as the supreme institution in Scheduled Areas. Its president will be selected according to prevailing customary practices. Gram Sabhas are empowered to manage community resources, including minor minerals and water bodies, resolve local disputes and impose fines up to Rs 2,000. However, recognition and notification of Gram Sabhas and their boundaries rest with the district administration, a provision that has drawn criticism.

Political and Constitutional Contestation

Chief Minister Hemant Soren has described the move as historic, asserting it restores tribal control over land, forests and water. Opposition leaders such as Babulal Marandi and Arjun Munda argue that the rules dilute the spirit of PESA by weakening Gram Sabha supremacy and sidelining customary law. Jharkhand formally recognises traditional systems like Manki-Munda and Majhi-Pargana, paying honorariums to over 28,500 functionaries.

Imporatnt Facts for Exams

• PESA applies to Fifth Schedule Areas under Article 244 of the Constitution.
• Jharkhand implemented PESA rules 25 years after statehood.
• Gram Sabha is the core institution under PESA.
• Jharkhand has 28 ST-reserved seats in its 81-member Assembly.

Concerns Over Resources and Outcomes

Customary leaders and activists warn that key rights over forest resources, District Mineral Foundation funds and Tribal Sub Plan allocations remain outside Gram Sabha control. Jharkhand holds nearly 40 per cent of India’s mineral resources, yet tribal social indicators remain poor, with high poverty, anaemia and dependence on wage labour. While some leaders see PESA as a potential pathway to genuine self-rule, others fear it may remain symbolic unless administrative dominance is curtailed and customary governance meaningfully empowered.