⚡ Key Takeaways for Examination
- Two-day PESA Mahotsav (Utsav Lok Sanskriti Ka) held on December 23–24, 2025 in Visakhapatnam, Andhra Pradesh by Ministry of Panchayati Raj.
- Marks the anniversary of the Panchayats Extension to Scheduled Areas (PESA) Act, 1996 — enacted on 24 December 1996.
- Tribal population of India: ~8.6% of total population.
- Scheduled Areas designated by the President under Article 244 of the Constitution.
- PESA extends Panchayati Raj provisions (73rd Amendment, 1993) to Fifth Schedule Areas.
- Currently 10 states have Fifth Schedule Areas; 8 have framed PESA Rules (Odisha & Jharkhand have draft rules).
- Total villages under Fifth Schedule: 77,564 | Panchayats: 22,040 | Districts: 63.
Enacted
24 December 1996
PESA Act came into force
Constitution Article
Article 244
Basis for Scheduled Areas designation
Parent Amendment
73rd Amendment (1993)
Added Part IX + 11th Schedule
States Covered
10 States
With Fifth Schedule / Scheduled Areas
Tribal Population (India)
~8.6%
Of total Indian population
11th Schedule Subjects
29 Subjects
Powers devolved to Panchayats
01 Introduction — Tribal Governance in India
Tribal communities in India account for about 8.6% of the population. Areas with significant tribal populations are designated as Scheduled Areas by the President of India under Article 244 of the Constitution, allowing tribal communities control over local resources, development, and social life.
The Fifth Schedule (not to be confused with the Sixth Schedule which covers Assam, Meghalaya, Tripura and Mizoram) empowers the government to establish Scheduled Areas in all other states where Scheduled Tribes reside.
📌 Constitutional Provisions — Quick Reference
- Article 244(1): Fifth Schedule applies to Scheduled Areas in states other than Assam, Meghalaya, Tripura and Mizoram.
- Article 244(2): Sixth Schedule applies to Assam, Meghalaya, Tripura and Mizoram.
- Fifth Schedule: President designates Scheduled Areas; Governor gives annual report to President on administration.
- Sixth Schedule: Autonomous District Councils (ADCs) — stronger autonomy for North-East tribes.
02 73rd Constitutional Amendment, 1992 (Came into Force 1993)
The 73rd Constitutional Amendment Act, 1992 (enforced April 24, 1993) was a landmark legislation that added Part IX (Articles 243–243O) and the Eleventh Schedule to the Constitution. It institutionalised decentralised democracy through Panchayati Raj Institutions (PRIs).
Three-Tier Structure of Panchayati Raj
District
Zilla Parishad
District level — chairperson indirectly elected
↕
Block
Panchayat Samiti
Intermediate / block level (group of villages) — chairperson indirectly elected
↕
Village
Gram Panchayat
Village level — Sarpanch may be directly or indirectly elected
Key Features of 73rd Amendment
| Feature | Detail |
|---|---|
| Constitutional Part Added | Part IX (Articles 243–243O) |
| Schedule Added | Eleventh Schedule — lists 29 subjects |
| Gram Sabha | Body of all voters in a village within Gram Panchayat area; powers determined by state legislature |
| Reservation | Seats reserved for SC/ST in proportion to population at every level; not less than 1/3 for women |
| Finance Commission | State Finance Commission constituted every 5 years to review financial position of Panchayats |
| State Election Commission | Superintendence of elections to Panchayats vested in State Election Commission |
| Exceptions | Did NOT automatically apply to Scheduled Areas — necessitating PESA Act 1996 |
Eleventh Schedule — 29 Subjects (Selected Important Ones)
Subject 1Agriculture including agricultural extension
Subject 2Land improvement, soil conservation
Subject 3Minor irrigation, water management
Subject 4Animal husbandry, dairying, poultry
Subject 5Fisheries
Subject 6Social forestry, farm forestry
Subject 7Minor forest produce
Subject 8Small-scale industries including food processing
Subject 9Rural housing
Subject 10Drinking water
Subject 11Fuel and fodder
Subject 12Roads, culverts, bridges, ferries
Subject 13Non-conventional energy sources
Subject 14Poverty alleviation programmes
Subject 15Education including primary & secondary schools
Subject 16Technical training & vocational education
Subject 17Adult and non-formal education
Subject 18Libraries
Subject 19Cultural activities
Subject 20Markets and fairs
Subject 21Health and sanitation
Subject 22Family welfare
Subject 23Women and child development
Subject 24Social welfare (disabled & mentally retarded)
Subject 25Welfare of weaker sections & STs
Subject 26Public distribution system
Subject 27Maintenance of community assets
Subject 28Khadi, village & cottage industries
Subject 29Other rural development programmes
03 PESA Act, 1996 Most Important
The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) extended the Panchayati Raj provisions of the 73rd Amendment to tribal-dominated Fifth Schedule Areas. It came into force on 24 December 1996.
Why Was PESA Needed?
The 73rd Amendment created a uniform Panchayati Raj system across India but did not automatically apply to Fifth Schedule (tribal) areas. Tribal communities have unique traditional governance systems (e.g., village councils, customary laws) that needed protection. PESA bridged this gap by giving tribal Gram Sabhas additional powers while respecting their traditions.
Core Purpose of PESA
- ① Extend self-governance to tribal communities in Fifth Schedule Areas
- ② Protect tribal rights over land, water, forest, culture, and governance
- ③ Prevent alienation of tribal land and displacement of communities
- ④ Empower Gram Sabhas — the heart of PESA — with enhanced decision-making power
- ⑤ Recognise and protect traditional governance systems of tribal communities
Legislative Timeline
1992
73rd Constitutional Amendment passed — Panchayati Raj institutionalised nationally.
April 1993
73rd Amendment came into force; but excluded Scheduled Areas.
1994
Bhuria Committee constituted to examine extension of PRIs to tribal areas.
24 Dec 1996
PESA Act enacted — extending Panchayati Raj to Fifth Schedule (tribal) Areas.
2022–2024
States frame/update PESA Rules; National PESA Conference held (Sep 2024, Ranchi).
24 Dec 2024
Ministry of Panchayati Raj celebrates PESA Day — national event in Ranchi.
23–24 Dec 2025
PESA Mahotsav (Utsav Lok Sanskriti Ka) — Visakhapatnam, Andhra Pradesh.
04 Salient Features of PESA Act High Weightage
The enhanced powers of the Gram Sabha form the heart of the PESA Act. State legislatures cannot make any Panchayat law violating these features.
| Power / Right | Description |
|---|---|
| Gram Sabha as Self-Governing Unit | Gram Sabha is the primary unit of governance in tribal areas. Mandatory consultation before any development activity. State cannot reduce Gram Sabha powers. |
| Management of Natural Resources | Gram Sabha manages land, water bodies, and minor forest produce (MFP). Right to ownership of MFP is vested in tribal communities. |
| Prevention of Land Alienation | Gram Sabha's mandatory approval required before any land acquisition. State must restore alienated land to tribals. |
| Control over Money Lending | Gram Sabha empowered to regulate/prohibit money lending to Scheduled Tribes. |
| Control over Liquor | Gram Sabha has the power to enforce prohibition or regulate/restrict sale and consumption of intoxicants. |
| Minor Minerals | Gram Sabha must be consulted before grant of mining leases for minor minerals. Gram Sabha has ownership over minor minerals. |
| Market Management | Gram Sabha controls over local markets and fairs. |
| Social Sector Oversight | Gram Sabha controls institutions and functionaries in social sectors (health, education). |
| Planning & Development | Gram Sabha approves plans, programmes, and projects for social and economic development before implementation. |
| Mandatory Tribal Chairpersons | Chairpersons of Panchayats at all levels in Scheduled Areas shall be members of Scheduled Tribes. |
| Reservation in Panchayats | Not less than half the seats reserved for STs in every Panchayat in Scheduled Areas. |
| Traditional Practices | Gram Sabha to safeguard and preserve traditions, customs, cultural identity, community resources, and customary modes of dispute resolution. |
| Forest Department Consultation | Forest department must consult Gram Sabha before preparing any plan for harvesting of forest produce (per state PESA Rules). |
🔑 Exam Point: Overriding Provision
The PESA Act overrides ordinary Panchayati Raj laws. State legislatures cannot make any Panchayat law that violates the features of PESA. This makes PESA a special statute with overriding authority in Scheduled Areas.
05 Fifth Schedule Areas — 10 States
The Constitution's Fifth Schedule applies to 10 states. The Sixth Schedule (covering Assam, Meghalaya, Tripura and Mizoram) is excluded from PESA's ambit.
| # | State | Villages | Panchayats | Blocks | Districts (Full) | Districts (Partial) | PESA Rules |
|---|---|---|---|---|---|---|---|
| 1 | Andhra Pradesh | 1,586 | 588 | 36 | 0 | 5 | ✓ Framed |
| 2 | Chhattisgarh | 9,977 | 5,050 | 85 | 13 | 6 | ✓ Framed |
| 3 | Gujarat | 4,503 | 2,388 | 40 | 4 | 7 | ✓ Framed |
| 4 | Himachal Pradesh | 806 | 151 | 7 | 2 | 1 | ✓ Framed |
| 5 | Jharkhand | 16,022 | 2,074 | 131 | 13 | 3 | Draft |
| 6 | Madhya Pradesh | 11,784 | 5,211 | 89 | 5 | 15 | ✓ Framed |
| 7 | Maharashtra | 5,905 | 2,835 | 59 | 0 | 12 | ✓ Framed |
| 8 | Odisha | 19,311 | 1,918 | 119 | 6 | 7 | Draft |
| 9 | Rajasthan | 5,054 | 1,194 | 26 | 2 | 3 | ✓ Framed |
| 10 | Telangana | 2,616 | 631 | 72 | 0 | 4 | ✓ Framed |
| TOTAL | 77,564 | 22,040 | 664 | 45 | 63 | 8 framed, 2 draft | |
★ States with framed PESA Rules: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Rajasthan, Telangana.
★ Draft PESA Rules: Odisha, Jharkhand.
06 Ministry Initiatives for PESA Implementation
Training & Capacity Building
MoPR and seven anchor states conducted two rounds of state-level master trainer training in 2024–25 to train elected representatives on all PESA provisions. Over 1 lakh participants at state, district, and block levels were trained.
PESA-GP Development Plan Portal
Launched during the National Conference on PESA Act in September 2024. The portal facilitates:
- Planning and monitoring of development activities aligned with tribal rights
- Hamlet- and village-wise resource allocation of Central Finance Commission grants
- State Finance Commission grants, Centrally Sponsored Schemes, State Schemes
- Enables Gram Panchayats to plan village-wise activities
PESA Cell & Documentation
The MoPR established a dedicated PESA Cell with ministerial team and consultants (Social Sciences, Legal and Finance sectors) for oversight and coordination.
Manuals on PESA were translated to: Telugu, Marathi, Gujarati, Odia and tribal languages — Santhali, Gondi, Bhili, Mundari (in collaboration with Ministry of Tribal Affairs).
Centres of Excellence (CoEs)
MoPR sent proposals to 16 universities for establishment of Centres of Excellence. The Indira Gandhi National Tribal University, Amarkantak signed an MoU on July 24, 2025 with MoPR and Govt. of Madhya Pradesh (Central govt. share: Rs. 8.01 crore for 5 years).
A 2025–26 Work Plan was approved focusing on: documentation of customs, dispute resolution models, training manuals, ICT materials on PESA in local/tribal languages, and 5 model PESA Gram Sabhas.
PESA Day (December 24)
Ministry of Panchayati Raj declared December 24 as PESA Day. First major observance was December 24, 2024, with the national event held in Ranchi, chaired by the Secretary, Ministry of Panchayati Raj.
PESA Mahotsav 2025 — Cultural Events
The 2025 Mahotsav (Dec 23–24, Visakhapatnam) will showcase:
Traditional Sports
Chakki Khel, Uppanna Barelu, Cholo & Puli Meka, Mallakhamba, Pithool, Gedi Doud, Sikor
Cultural Showcase
Tribal heritage, cultural performances, and traditional tribal cuisine
07 PESA Act — Success Stories
"PESA in Action: Stories of Strength and Self-Governance" — a compilation of 40 PESA Act success stories was published in July 2025.
📍 Khamdhogi Village, Kanker District, North Bastar, Chhattisgarh
Empowered Gram Sabha Increases Economic Activity
A village of 443 people where Gram Sabha was established under Chhattisgarh PESA Rules 2022. Initially community participation was low. After training into committees and making participation of one man and one woman per household mandatory, the Gram Sabha drove forest produce collection, fisheries, bamboo rafting, and other activities, boosting economic output and sustainable livelihoods.
📍 Rarang Gram Panchayat, Kinnaur District, Himachal Pradesh
Combining Traditional Practices with PESA (Chilgoza Pine Nuts)
Under Himachal Pradesh PESA Rules 2011, the forest department must consult Gram Sabha before any plan for forest produce harvesting. The Rarang Gram Panchayat implemented customary laws for Chilgoza pine nut harvesting — sale proceeds equally divided among households, forest plots pre-allocated to individual families, giving them complete control.
📍 Vadagudem Village, Godavari Basin
Management of Minor Minerals — Grassroots Transformation
Village formed a Tribal Sand Mining Cooperative Society. Gram Sabha approved sand mining rights from the Godavari river basin. The operation generates Rs. 40 lakh annually, channelled into village infrastructure, education, healthcare and livelihood support. The Panchayat also receives seigniorage charges for community development. 100 families became direct stakeholders.
📍 Bhim Talai Village, Udaipur District, Rajasthan (Phulwari Ki Naal Wildlife Sanctuary)
Fighting Displacement with the PESA Act
When the forest department tried to displace the Bhil tribal community by including their village in a 500 sq km wildlife sanctuary, the villagers organised a Gram Sabha under PESA. The Gram Sabha passed a unanimous resolution against evacuation, citing the Rajasthan Panchayati Raj Act 1999 which requires Gram Sabha approval before land acquisition. The Medi Gram Panchayat approved this resolution. The Bhil community continues to live securely on their ancestral land.
08 Comparison: 73rd Amendment vs PESA Act
| Dimension | 73rd Amendment (1993) | PESA Act (1996) |
|---|---|---|
| Scope | All areas of India (general) | Only Fifth Schedule (tribal) Areas |
| Year | 1992 (enforced April 1993) | 24 December 1996 |
| Constitutional Basis | Part IX (Art. 243–243O); 11th Schedule | Extension legislation under Art. 243M |
| Central Unit | Gram Panchayat | Gram Sabha (more empowered) |
| Structure | Three-tier PRIs mandatory | Three-tier + additional Gram Sabha powers |
| Land Rights | Not specifically addressed | Mandatory Gram Sabha approval for land acquisition; restoration of alienated land |
| Natural Resources | General devolution under 11th Schedule | Specific tribal ownership of MFP, minor minerals, water bodies |
| Traditional Governance | Not recognised | Explicitly recognised and protected |
| State Override | State laws can modify PRIs | State Panchayat laws CANNOT violate PESA provisions |
| Chairperson | No tribal-specific requirement | Chairpersons at all Panchayat levels in Scheduled Areas must be ST members |
| Reservation in Panchayats | Proportional to SC/ST population | Not less than half the seats for STs in Scheduled Areas |
| Ministry | Ministry of Panchayati Raj | Ministry of Panchayati Raj (+ Tribal Affairs) |
09 Probable Examination Questions & Answers
Click on any question to reveal the answer.
What is the PESA Act and when was it enacted?
The Panchayats (Extension to Scheduled Areas) Act, PESA, was enacted on 24 December 1996. It extends the Panchayati Raj provisions of the 73rd Constitutional Amendment to tribal-dominated Fifth Schedule Areas. It empowers tribal Gram Sabhas to self-govern and protects their rights over land, water, forest, culture, and traditional governance systems.
How many states have Fifth Schedule Areas and which states have framed PESA Rules?
10 states have Fifth Schedule Areas: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana.
8 states have framed PESA Rules: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Rajasthan, and Telangana. Odisha and Jharkhand have prepared only draft rules.
8 states have framed PESA Rules: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Rajasthan, and Telangana. Odisha and Jharkhand have prepared only draft rules.
What is the difference between the Fifth Schedule and Sixth Schedule?
Fifth Schedule (Article 244(1)): Applies to Scheduled Areas in all states except Assam, Meghalaya, Tripura, and Mizoram. The President designates Scheduled Areas; the Governor reports annually to the President. PESA Act applies here.
Sixth Schedule (Article 244(2)): Applies to Assam, Meghalaya, Tripura, and Mizoram. Provides for Autonomous District Councils (ADCs) with stronger legislative and judicial powers. PESA does NOT apply here.
Sixth Schedule (Article 244(2)): Applies to Assam, Meghalaya, Tripura, and Mizoram. Provides for Autonomous District Councils (ADCs) with stronger legislative and judicial powers. PESA does NOT apply here.
What constitutional amendment established Panchayati Raj in India? What was added to the Constitution?
The 73rd Constitutional Amendment Act, 1992 (came into force April 24, 1993) established Panchayati Raj. It added:
• Part IX (Articles 243 to 243-O) — delegating power to village/district level Panchayats
• Eleventh Schedule — lists 29 subjects over which Panchayats have decision-making powers
• Created a three-tier structure: Gram Panchayat (village), Panchayat Samiti (block), Zilla Parishad (district)
• Part IX (Articles 243 to 243-O) — delegating power to village/district level Panchayats
• Eleventh Schedule — lists 29 subjects over which Panchayats have decision-making powers
• Created a three-tier structure: Gram Panchayat (village), Panchayat Samiti (block), Zilla Parishad (district)
What is the significance of the Gram Sabha under PESA? How is it different from a Gram Panchayat?
Gram Sabha is a body consisting of all persons registered in the electoral rolls of a village — essentially the entire adult village population. It is the primary democratic institution.
Gram Panchayat is the elected executive body that implements decisions.
Under PESA, the Gram Sabha has enhanced powers — approving development plans, managing natural resources, preventing land alienation, controlling money lending, managing minor minerals, etc. The Gram Sabha's powers under PESA cannot be reduced by state legislatures.
Gram Panchayat is the elected executive body that implements decisions.
Under PESA, the Gram Sabha has enhanced powers — approving development plans, managing natural resources, preventing land alienation, controlling money lending, managing minor minerals, etc. The Gram Sabha's powers under PESA cannot be reduced by state legislatures.
Where and when is PESA Mahotsav 2025 held? What does it celebrate?
PESA Mahotsav 2025 (officially titled PESA Mahotsav: Utsav Lok Sanskriti Ka) is held on December 23–24, 2025 in Visakhapatnam, Andhra Pradesh. It is organized by the Ministry of Panchayati Raj.
The event marks the anniversary of the PESA Act (enacted December 24, 1996) and celebrates tribal culture — showcasing traditional sports like Chakki Khel, Uppanna Barelu, Cholo, Puli Meka, Mallakhamba, Pithool, Gedi Doud, and Sikor, along with cultural heritage and tribal cuisine.
The event marks the anniversary of the PESA Act (enacted December 24, 1996) and celebrates tribal culture — showcasing traditional sports like Chakki Khel, Uppanna Barelu, Cholo, Puli Meka, Mallakhamba, Pithool, Gedi Doud, and Sikor, along with cultural heritage and tribal cuisine.
What are the key numbers associated with Fifth Schedule Areas in India?
• Total Villages: 77,564
• Total Panchayats: 22,040
• Total Blocks: 664
• Fully covered districts: 45
• Partially covered districts: 63
• States covered: 10
• Largest coverage by villages: Odisha (19,311 villages)
• Smallest coverage by villages: Himachal Pradesh (806 villages)
• Total Panchayats: 22,040
• Total Blocks: 664
• Fully covered districts: 45
• Partially covered districts: 63
• States covered: 10
• Largest coverage by villages: Odisha (19,311 villages)
• Smallest coverage by villages: Himachal Pradesh (806 villages)
What digital/institutional initiatives has MoPR taken for PESA implementation?
1. PESA-GP Development Plan Portal — launched Sep 2024; facilitates resource allocation and village-wise planning in Scheduled Areas
2. PESA Cell — dedicated cell with ministerial team and consultants in Social Sciences, Legal, and Finance
3. Master Trainer Training (2024–25) — over 1 lakh participants trained across state/district/block levels
4. Translations of PESA Manuals — Telugu, Marathi, Gujarati, Odia; tribal languages: Santhali, Gondi, Bhili, Mundari
5. Centres of Excellence — proposals sent to 16 universities; IGNTU Amarkantak signed MoU (July 24, 2025; Rs. 8.01 crore for 5 years)
6. PESA Day — December 24 declared as PESA Day; first observance Dec 24, 2024, Ranchi
2. PESA Cell — dedicated cell with ministerial team and consultants in Social Sciences, Legal, and Finance
3. Master Trainer Training (2024–25) — over 1 lakh participants trained across state/district/block levels
4. Translations of PESA Manuals — Telugu, Marathi, Gujarati, Odia; tribal languages: Santhali, Gondi, Bhili, Mundari
5. Centres of Excellence — proposals sent to 16 universities; IGNTU Amarkantak signed MoU (July 24, 2025; Rs. 8.01 crore for 5 years)
6. PESA Day — December 24 declared as PESA Day; first observance Dec 24, 2024, Ranchi