PESA in the Scheduled Areas of Chhattisgarh
Fifth Schedule areas of Chhattisgarh, PESA Act 1996, the CG PESA Rules notified on 8 August 2022, Gram Sabha powers and implementation issues for CGPSC.
Prerequisites
- Three-Tier Panchayati Raj in Chhattisgarh: the ordinary system that PESA modifies
- Tribes of Chhattisgarh: Gond, Halba, Oraon, Kanwar, Baiga and the other communities of the Scheduled Areas
- Local Government in India: Article 243M, which keeps Part IX out of Scheduled Areas unless Parliament extends it
The Hook: A Gram Sabha Under a Mahua Tree
In many villages of Kanker, Bastar or Surguja, the village assembly still meets the old way: under a big tree, with the village elders and every household present. For centuries such gatherings settled land disputes, fixed the dates of festivals and decided how the forest would be used. The ordinary panchayat law treated them as nothing more than a meeting of voters.
In August 2022, Chhattisgarh’s PESA Rules gave assemblies like these legal teeth. What can a Gram Sabha in a Scheduled Area now do that an ordinary Gram Sabha cannot?
Why it matters: about 30% of Chhattisgarh’s population is Scheduled Tribe (Census 2011), and most of the tribal north and south are Fifth Schedule areas. PESA is a Prelims favourite (dates, Gram Sabha powers) and a core Mains topic in the governance of Bastar and Surguja.
Step 1: The Fifth Schedule (पाँचवीं अनुसूची)
- Article 244(1) and the Fifth Schedule govern the administration of Scheduled Areas in all states except Assam, Meghalaya, Tripura and Mizoram (those four have the Sixth Schedule).
- The President declares Scheduled Areas (para 6). For Chhattisgarh the current notification is the Scheduled Areas (States of Chhattisgarh, Jharkhand and Madhya Pradesh) Order, 2003.
- The Governor has special powers (para 5). The Governor may direct that a law of Parliament or the state does not apply, or applies with changes, and may make regulations for peace and good government, especially to stop the transfer of tribal land and to regulate money-lending.
- A Tribes Advisory Council (जनजाति सलाहकार परिषद) of up to 20 members, three-fourths of them ST MLAs, advises on tribal welfare (para 4).
Chhattisgarh’s Scheduled Areas
| Aspect | Detail |
|---|---|
| Notifying order | Scheduled Areas Order, 2003 (for Chhattisgarh, Jharkhand and MP) |
| Fully scheduled districts in the 2003 Order | Included Surguja, Koriya, Bastar, Dantewada, Kanker, Korba and Jashpur (districts as they stood in 2003) |
| Partly scheduled (examples from the Order) | Marwahi and Gaurela blocks (then Bilaspur district); Dharamjaigarh, Lailunga and other blocks (Raigarh); Dondi (then Durg); Chauki, Manpur and Mohla (then Rajnandgaon) |
| Coverage today (Ministry of Panchayati Raj data, PIB, December 2025) | 13 districts fully and 6 partly scheduled; 85 blocks, 5,050 panchayats, 9,977 villages |
Step 2: PESA, 1996
Why it was needed
Article 243M says Part IX (the 73rd Amendment) does not apply to Fifth Schedule areas, but Parliament may extend it with exceptions and modifications (Art. 243M(4)(b)). The Bhuria Committee (1994–95), chaired by Dilip Singh Bhuria, recommended such an extension based on the tribal traditions of community self-rule. Parliament then passed the Panchayats (Extension to the Scheduled Areas) Act, 1996 (पंचायत उपबंध (अनुसूचित क्षेत्रों पर विस्तार) अधिनियम, 1996).
| Fact | Detail |
|---|---|
| Enacted | 24 December 1996 (Act No. 40 of 1996) |
| Applies to | Fifth Schedule areas of 10 states: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan |
| Method | Requires each state to amend its panchayat law in line with PESA’s Section 4 |
| Core idea | The Gram Sabha is the centre of self-governance, not the Gram Panchayat |
What PESA (Section 4) requires
1. Village and Gram Sabha
- A “village” is a habitation or a group of habitations, or a hamlet or a group of hamlets, that forms a community and manages its affairs according to its traditions and customs. It need not be a revenue village.
- Every such village has its own Gram Sabha.
- State laws must respect customary law, social and religious practices and traditional management of community resources.
2. Representation
- Seats are reserved in proportion to the community’s population, with at least half of all seats reserved for STs.
- Every chairperson post at all tiers (Sarpanch, Janpad Adhyaksh, Zila Adhyaksh) is reserved for STs.
- The state may nominate members of unrepresented STs to the intermediate and district tiers, up to one-tenth of the members.
3. Powers of the Gram Sabha
| Power | What it means |
|---|---|
| Approve plans and beneficiaries | Plans, programmes and projects need Gram Sabha approval before the panchayat implements them; the Gram Sabha also identifies the beneficiaries of poverty-alleviation schemes |
| Utilisation certificates | The panchayat must get a certificate from the Gram Sabha for funds it has spent |
| Land acquisition | The Gram Sabha or panchayat must be consulted before land is acquired for development projects and before displaced people are resettled |
| Minor minerals | Recommendation is mandatory before prospecting licences or mining leases for minor minerals are granted |
| Minor forest produce | Ownership of minor forest produce (tendu leaves, mahua, sal seeds and others) |
| Intoxicants | Power to prohibit or regulate the sale and consumption of liquor |
| Land alienation | Prevent the alienation of tribal land, and restore land unlawfully transferred |
| Village markets | Manage village markets (haat-bazaars) |
| Money-lending | Control over money-lending to STs |
| Social sector | Control over local institutions and functionaries, and over local plans including tribal sub-plans |
| Water bodies | Planning and management of minor water bodies |
Step 3: Chhattisgarh’s PESA Rules, 2022
PESA does not work on the ground until each state frames rules. Chhattisgarh’s rules came 26 years after the Act.
| Date | Event |
|---|---|
| 7 July 2022 | State cabinet approves the draft PESA rules |
| 8 August 2022 | Rules published in the Gazette; in force from this date |
| 9 August 2022 | CM Bhupesh Baghel announces them at the World Indigenous Peoples’ Day (विश्व आदिवासी दिवस) programme |
Key features (as reported at notification):
- Gram Sabhas at the village or hamlet level, recognising the traditional community as defined by PESA.
- Tribal-majority quorum: half of the Gram Sabha members needed for a meeting must be from tribal communities, and one-fourth of those must be women.
- Gram Sabhas get the right to take decisions on village development and to settle local disputes through their own committees.
- Gram Sabha consent or consultation on land, minor minerals, minor forest produce, markets and intoxicants, following Section 4 of PESA.
Analysis for Mains: Has PESA Delivered?
Gains
- Legal recognition of traditional self-rule: the Gram Sabha, not an official, is the primary decision-maker on resources.
- Political representation: every chairperson post in the Scheduled Areas is held by an ST representative.
- Livelihood link: ownership of minor forest produce matters in a state where tendu leaves, mahua and sal seeds support forest households.
- Works with other laws: the Forest Rights Act, 2006 also puts the Gram Sabha at the centre of recognising individual and community forest rights.
Problems
- Delay: rules came only in 2022, 26 years after the Act. For two decades PESA existed mostly on paper.
- “Consultation” vs “consent”: PESA says the Gram Sabha must be consulted on land acquisition, which is weaker than consent. Disputes over how Gram Sabha resolutions were obtained, for example over coal blocks in the Hasdeo Arand forest of Surguja and Korba, have been widely reported and contested.
- Conflict with sectoral laws: forest, excise, mining and land revenue laws were not always amended to match PESA.
- Capacity and awareness: many Gram Sabhas lack records, staff and information. Officials, not villagers, often drive the agenda.
- Left-Wing Extremism: in parts of south Bastar, insecurity long limited regular Gram Sabha functioning (the Union government declared Bastar Naxal-free on 19 May 2026; de-mining and rebuilding services are now the focus).
Judicial support: In Samatha v. State of Andhra Pradesh (1997) the Supreme Court protected Scheduled Area land from transfer to private mining companies. In the Niyamgiri case (2013) it left the decision on bauxite mining in Odisha to the local Gram Sabhas.
Way forward: amend sectoral laws, treat Gram Sabha consent as binding for land and minerals, give Gram Sabhas staff and funds, record customary boundaries, and monitor through the Governor’s annual report under the Fifth Schedule.
Memory Tricks
Don’t Confuse
| This | vs | That |
|---|---|---|
| Fifth Schedule: Scheduled Areas in Chhattisgarh and 9 other states | Sixth Schedule: tribal areas of Assam, Meghalaya, Tripura, Mizoram (not Chhattisgarh) | |
| Art. 243M: Part IX excluded from Scheduled Areas | Art. 243ZC: Part IXA (municipalities) excluded from Scheduled Areas | |
| PESA Act: 24 December 1996 (Parliament) | CG PESA Rules: 8 August 2022 (state) | |
| Consultation: land acquisition | Mandatory recommendation: minor mineral leases | |
| Ownership: minor forest produce | Major minerals and timber: not given to the Gram Sabha | |
| Bhuria Committee (1994–95): PESA | Balwant Rai Mehta (1957) and Ashok Mehta (1977): general Panchayati Raj |
Common Mistakes
Practice
These are original practice questions in CGPSC style, not previous-year questions.
Level 1: Foundation
- PESA was enacted on ________ 1996.
- Chhattisgarh’s PESA Rules were published in the Gazette on ________.
- Part IX of the Constitution is kept out of the Scheduled Areas by Article ________.
Answers
- 24 December
- 8 August 2022
- 243M
Level 2: Prelims MCQs
Q1. Consider the following statements regarding PESA, 1996:
- It extends Part IX of the Constitution to Fifth Schedule areas with modifications.
- It reserves all chairperson posts of panchayats at every level in the Scheduled Areas for Scheduled Tribes.
- It extends Part IXA (municipalities) to the 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 and explanation
Q2. Match List-I (Subject) with List-II (Role of the Gram Sabha under PESA):
| List-I | List-II |
|---|---|
| A. Minor forest produce | 1. Consultation |
| B. Land acquisition for projects | 2. Ownership |
| C. Prospecting licence for minor minerals | 3. Prohibit or regulate sale |
| D. Intoxicants | 4. Mandatory prior recommendation |
(a) A-2, B-1, C-4, D-3 (b) A-1, B-2, C-4, D-3 (c) A-2, B-4, C-1, D-3 (d) A-3, B-1, C-4, D-2
Answer and explanation
Q3. Chhattisgarh’s PESA Rules were notified in the Gazette on:
(a) 24 December 1996 (b) 1 November 2000 (c) 8 August 2022 (d) 15 November 2022
Answer and explanation
Q4. The committee whose recommendations led to PESA, 1996 was chaired by:
(a) Balwant Rai Mehta (b) Ashok Mehta (c) Dilip Singh Bhuria (d) L. M. Singhvi
Answer and explanation
Level 3: Mains Answer Writing
Q1. What is PESA, and why did Chhattisgarh’s PESA Rules of 2022 matter? (60 words)
- PESA, 1996: extends Part IX to Fifth Schedule areas (Art. 243M), following the Bhuria Committee. It makes the traditional Gram Sabha the centre of self-rule.
- Gram Sabha powers: ownership of minor forest produce, control over land alienation, markets, money-lending and liquor.
- 2022 Rules (notified 8 August): made these powers operational in Chhattisgarh’s Scheduled Areas after 26 years, with a tribal-majority Gram Sabha quorum.
Q2. “PESA promised tribal self-rule, but implementation has lagged.” Examine with reference to Chhattisgarh. (150–200 words)
Intro: Most of Chhattisgarh’s tribal north (Surguja belt) and south (Bastar belt) are Fifth Schedule areas: 85 blocks and 9,977 villages (MoPR, December 2025). PESA, 1996 aimed to give their Gram Sabhas control over land, forests and local institutions.
Promise:
- The Gram Sabha at habitation level, respecting customary law.
- ST chairpersons at every tier; ownership of minor forest produce; checks on land alienation and money-lending.
Lag:
- State rules came only on 8 August 2022.
- “Consultation” on land acquisition is weaker than consent; disputes over Gram Sabha resolutions, for example in Hasdeo Arand, show the gap.
- Sectoral forest, excise and mining laws were not fully aligned.
- Low capacity, official dominance and the legacy of LWE insecurity in south Bastar (declared Naxal-free 19 May 2026).
Way forward: binding consent for land and minerals, convergence with the Forest Rights Act, staff and untied funds for Gram Sabhas, and active use of the Governor’s Fifth Schedule powers.
Conclusion: The 2022 rules are a start. PESA succeeds only when Gram Sabhas actually decide.
Quick Revision Table
| Fact | Detail |
|---|---|
| Fifth Schedule | Art. 244(1); President declares Scheduled Areas; Governor’s special powers; Tribes Advisory Council |
| CG notification | Scheduled Areas (Chhattisgarh, Jharkhand and MP) Order, 2003 |
| Coverage (MoPR, Dec 2025) | 13 districts fully, 6 partly; 85 blocks; 5,050 panchayats; 9,977 villages |
| Exclusion article | 243M (panchayats); 243ZC (municipalities) |
| Committee | Dilip Singh Bhuria (1994–95) |
| PESA Act | 24 December 1996; Act 40 of 1996; 10 states |
| Reservation | At least half the seats for STs; all chairpersons STs; nomination up to one-tenth |
| Gram Sabha powers | MFP ownership, intoxicants, land alienation, money-lending, markets, plans, land-acquisition consultation, minor-mineral recommendation |
| CG PESA Rules | Cabinet 7 July 2022; Gazette 8 August 2022; announced 9 August 2022 |
| CG quorum rule | Half of the quorum from tribal communities; one-fourth of those women |
Key Takeaways
- Article 243M keeps Part IX out of Fifth Schedule areas. PESA (24 December 1996) extends it with tribal-friendly changes.
- Under PESA the Gram Sabha is supreme. It owns minor forest produce, controls land alienation, money-lending, markets and liquor, and is consulted on land acquisition.
- In Scheduled Areas, STs get at least half the seats and every chairperson post.
- Chhattisgarh’s PESA Rules were notified on 8 August 2022, after a 26-year gap.
- The Mains debate: consultation vs consent, conflicting sectoral laws, capacity, and Hasdeo-type disputes.
What’s Next
- Urban Local Bodies in Chhattisgarh: the 74th Amendment, and why it has no PESA equivalent
- Tribes of Chhattisgarh: the communities PESA serves
- Forests, Wildlife, National Parks and Sanctuaries: minor forest produce and the forests of the Scheduled Areas
- Social Aspects of Chhattisgarh: the Mains GS-IV angle on tribal society