Why in news?
The Jharkhand High Court in September 2025 ordered the state government to frame and enforce the PESA rules by early September, reflecting judicial activism to protect tribal rights and self-governance under the Act.

Overview

• PESA applies to Scheduled Areas defined under the Fifth Schedule of the Indian Constitution, predominantly inhabited by tribal populations.
• It extends the provisions of Part IX of the Constitution (relating to Panchayats) to Scheduled Areas, while uniquely respecting tribal customs and governance.
• The Act mandates Gram Sabhas (village assemblies) as the key decision-making bodies for local governance in tribal areas.

Key Features of PESA Act

• Establishes the Gram Sabha as the main decision-making body for local governance, responsible for protecting tribal traditions, resolving disputes, and managing common properties.
• Mandates that the Gram Sabha must be consulted before land acquisition or development projects.
• Grants powers to the Gram Sabha over minor forest produce, local markets, liquor control, and tribal welfare activities.
• Ensures Gram Sabhas control local development plans and funds.
• Seeks to protect tribal land rights and cultural identity.
• Requires states with Scheduled Areas to amend Panchayati Raj Acts to incorporate PESA provisions.

Objectives and Rationale

• Enable greater tribal self-rule and autonomy in Fifth Schedule areas.
• Protect the rights of tribal communities against exploitation and displacement.
• Promote decentralized decision-making based on traditional governance practices.
• Preserve tribal culture, social justice, and natural resources management.

Challenges

• Limited awareness among tribal communities about their rights under PESA.
• Conflicts with other laws like Forest Rights Act and Wildlife Protection Act complicate implementation.
• Political interference and lack of trained personnel hinder full enforcement.
• Coverage limited only to Scheduled Areas, excluding many tribal populations outside these zones.

Relationship with Other Laws

• Works in conjunction with the Fifth Schedule and the Forest Rights Act (2006) focusing on protection and governance by Gram Sabhas.
• Unlike the 73rd Amendment, which makes transfer of powers to Panchayats optional, PESA mandates certain powers be transferred to local tribal institutions.

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