Jharkhand Government's PESA Act Controversy

Exam-Focused Notes on Jharkhand's Panchayat Extension Scheduled Areas (PESA) Act Rules

1. Background:

   • The Panchayat Extension Scheduled Areas (PESA) Act was enacted by the Congress-led central government in 1996 to bolster the traditional practices of over 700 tribal groups across India.

2. Recent Developments:

   • The Jharkhand government notified rules related to the PESA Act on January 2, 2026, after approval from the state cabinet on December 23, 2025.
   • Babulal Marandi, the State President of the Bharatiya Janata Party (BJP) in Jharkhand, criticized the new rules as detrimental to the tribal community's traditional systems.

3. Constitutional References:

   • Section 4(a) of the PESA Act, 1996 stipulates that any state law concerning Panchayats must align with the customary laws, social, and religious practices of the tribal communities.
   • Emphasis on the role of customary law indicates that community beliefs and worship are integral to governance in tribal areas.

4. Tensions around the Rules:

   • Marandi labeled the revisions as a betrayal of tribal rights, asserting that the new rules omitted the term "customary laws", which could weaken the preservation of tribal customs and traditions.
   • The rules empower Gram Sabhas to manage local resources, including minor forest produce and water resources, reflecting a system of decentralized governance.

5. Key Features and Responsibilities of Gram Sabhas:

   • Authority over local area development plans.
   • Management of natural resources, highlighting community-led governance.

6. Political Context:

   • Criticism from Marandi extended to the Congress party for straying from its foundational goals regarding tribal laws.
   • There are claims that individuals without connections to traditional beliefs may be given leadership roles within Gram Sabhas, which contradicts the essence of the PESA Act.

7. Calls for Action:

   • Marandi demanded the Jharkhand government amend the rules to accurately reflect the language of the PESA Act.
   • There are threats of legal action, aimed at defending tribal rights if the government does not reconsider the changes.

8. Internal Party Responses:

   • Rameshwar Oraon, a Congress legislator, also highlighted the lack of mention of customary laws in the new rules and intends to write to Chief Minister Hemant Soren about the concerns raised.

9. Conclusion:

   • The ongoing discourse indicates significant political and social ramifications regarding governance, tribal rights, and the adherence to the PESA Act in Jharkhand, calling for careful scrutiny of law-making processes affecting tribal communities.

10. Implications:

    • The situation emphasizes the broader theme of balancing traditional rights with contemporary governance structures in regions with significant tribal populations, thus impacting future legislation and political strategies related to tribal affairs.

This summary captures the vital aspects concerning the PESA Act and the recent developments surrounding it in Jharkhand, which are crucial for understanding the implications for governance, tribal rights, and state policy.