Jharkhand Notifies PESA Rules After 25 Years, Reviving Debate on Tribal Self-Rule

Jharkhand Notifies PESA Rules After 25 Years, Reviving Debate on Tribal Self-Governance

Twenty-five years after attaining statehood, Jharkhand has finally notified rules under the Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA), a landmark legislation aimed at strengthening grassroots democracy in tribal regions. The long-delayed step has reopened constitutional, political, and social debates over the real authority of the Gram Sabha, the role of customary institutions, and the balance between self-rule and administrative control in Fifth Schedule Areas.

Delayed Implementation and Area Coverage

PESA was enacted by Parliament in 1996 to extend the Panchayati Raj system to Fifth Schedule Areas under Article 244 of the Constitution. While eight of India’s ten Fifth Schedule states framed rules earlier, Jharkhand notified them only now.

The rules apply fully in 13 of the state’s 24 districts , including Ranchi, Khunti, Gumla, Simdega, and West Singhbhum, and partially in Palamu, Garhwa, and Godda. According to the 2011 Census , Scheduled Tribes constitute 26.3 per cent of Jharkhand’s population, with more than half living in over 12,000 villages , underscoring the scale of impact of the new framework.

Powers and Status of the Gram Sabha

Under the notified rules, the Gram Sabha is declared the supreme institution in Scheduled Areas. Its president is to be chosen in accordance with local customary practices , reflecting tribal traditions. Gram Sabhas are empowered to manage community resources such as minor minerals and water bodies , adjudicate local disputes, and impose fines of up to ₹2,000 .

However, a contentious provision vests the district administration with the authority to notify and recognise Gram Sabhas and define their boundaries. Critics argue that this undermines the autonomy envisaged under PESA and places community institutions under bureaucratic oversight.

Political and Constitutional Contestation

Chief Minister Hemant Soren has described the notification as a historic corrective, asserting that it restores tribal control over jal, jangal, aur zameen (water, forests, and land).

Opposition leaders such as Babulal Marandi and Arjun Munda contend that the rules dilute the spirit of PESA by weakening Gram Sabha supremacy and marginalising customary law.

Jharkhand formally recognises traditional governance systems such as Manki–Munda and Majhi–Pargana , providing honorariums to over 28,500 customary functionaries , adding another layer to the governance debate.

Resource Control and Developmental Concerns

Tribal leaders and civil society groups caution that critical domains—such as forest resource management , District Mineral Foundation (DMF) funds , and Tribal Sub Plan (TSP) allocations —remain outside effective Gram Sabha control.

Despite possessing nearly 40 per cent of India’s mineral resources , Jharkhand continues to record poor tribal socio-economic indicators, including high poverty, widespread anaemia, and heavy dependence on wage labour. While some view PESA as a potential pathway to meaningful self-rule, others fear it may remain largely symbolic unless administrative dominance is reduced and customary governance is genuinely empowered .

Exam-Focused Points

• PESA, 1996