C.9. Panchayats (Extension to Scheduled Areas) Act, 1996
The Government of India passed PESA as a law to protect “Scheduled Areas,” which are not protected by the 73rd Constitutional Amendment. The provisions of Part IX are expanded to the nation’s Scheduled Areas by this specific act. The Gram Sabha level was further lowered under PESA. The Panchayat Act gave the Gram Sabha a wide range of powers, including the ability to consult on land purchase, possess small forest products, and lease minor minerals.PESA went into effect as the Indian economy began to open all of its borders to foreign direct investment.
The mining industry, which is primarily found in the country’s scheduled regions where PESA operates, was made available to MNCs and the Indian corporate sector for the cheap exploitation of mineral resources. One of the standout aspects of PESA is its idea that every Gram Sabha should be capable of defending and preserving the people’s traditions and customs, their cultural identity, local resources, and the traditional means of resolving disputes.
The Gram Sabha or Panchayats at the appropriate level shall have the following powers:
- To be consulted for land acquisition and relocation issues.
- Concessions and prospecting licenses should be granted for the extraction of minor minerals.
- Planning and managing small bodies of water.
- The authority to impose prohibitions, regulate, or place restrictions on the sale and use of any intoxicants.
- Ownership of small-scale forest products.
- The ability to stop land alienation and restore any illegally alienated land belonging to a scheduled tribe.
- The ability to control local markets.
- The ability to exercise control over the lending of money to certain tribes.
- While granting Gram Sabhas or Panchayats such extensive powers, PESA has additionally mandated that States grant Panchayats the requisite powers and authority to enable them to function as institutions of self-government.