Model Answer
0 min readIntroduction
The Indian Constitution recognizes the unique socio-cultural and economic fabric of Scheduled Areas, inhabited predominantly by Scheduled Tribes. To safeguard their rights and promote their development, the Constitution provides special provisions. The Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) and the Sixth Schedule are two such mechanisms designed to ensure self-governance and protect tribal interests. While both aim at empowering tribal communities, they differ significantly in their scope, application, and the extent of autonomy granted. PESA extends the provisions of the 73rd Constitutional Amendment to Scheduled Areas, while the Sixth Schedule provides for autonomous districts and regional councils in certain states.
Understanding the PESA Act, 1996
The PESA Act, enacted in 1996, was a response to decades of experience with tribal development programs that often failed to address the specific needs and aspirations of tribal communities. It aims to promote self-governance through Gram Sabhas and Panchayats in Scheduled Areas, as defined in Article 244(1) of the Constitution. Key features of PESA include:
- Organization of Gram Sabhas: PESA mandates the organization of Gram Sabhas in villages within Scheduled Areas, empowering them to self-govern in matters relating to their traditions and customs.
- Powers of Gram Sabhas: Gram Sabhas are granted significant powers, including the authority to approve plans for social and economic development, manage minor forest produce, and regulate local trade.
- Reservation and Representation: The Act provides for reservation of seats for Scheduled Tribes in Panchayats at all levels.
- Prohibition of certain Acts: Any Act of the State Legislature or Parliament applying to Scheduled Areas must be consistent with the customs and traditions of the tribes.
The Sixth Schedule: Autonomous Administration
The Sixth Schedule, enshrined in Articles 244(2) and 244A of the Constitution, provides for the administration of tribal areas in Assam, Meghalaya, Mizoram, and Nagaland. It allows for the creation of Autonomous Districts and Regional Councils with varying degrees of autonomy. The key features of the Sixth Schedule are:
- Autonomous Districts: The Governor can declare certain areas as Autonomous Districts, based on the composition of the population, the area’s topography, and administrative convenience.
- Regional Councils: These councils are formed within the Autonomous Districts and are vested with legislative, administrative, and judicial powers.
- Powers of Regional Councils: The councils can make laws on matters like land and revenue administration, forest management, inheritance, social and religious practices, and village administration.
- Composition of Councils: The councils are composed of elected members and nominated members representing various tribes.
A Comparative Analysis: PESA vs. Sixth Schedule
The following table highlights the key differences between PESA and the Sixth Schedule:
| Feature | PESA Act, 1996 | Sixth Schedule |
|---|---|---|
| Geographical Application | Scheduled Areas (as defined in Article 244(1)) across all states. | Specific states: Assam, Meghalaya, Mizoram, Nagaland. |
| Focus | Extending the 73rd Amendment to Scheduled Areas, strengthening Gram Sabhas. | Creating Autonomous Districts and Regional Councils with legislative powers. |
| Level of Autonomy | Relatively lower; focuses on participatory governance within the existing framework. | Higher; grants legislative, administrative, and judicial powers to Regional Councils. |
| Legislative Powers | Gram Sabhas can approve plans and regulate local matters, but legislative power remains with the State Legislature. | Regional Councils can make laws on specified subjects. |
| Judicial Powers | Limited; traditional dispute resolution mechanisms are recognized. | Regional Councils can establish village courts and adjudicate disputes. |
| Implementation | Dependent on State Governments enacting enabling legislation. Implementation has been uneven. | Directly implemented through the Constitution; more consistent implementation. |
Challenges and Limitations
Both PESA and the Sixth Schedule face challenges in their implementation. PESA’s success is hampered by a lack of awareness among tribal communities, inadequate capacity building of Gram Sabhas, and resistance from state bureaucracies. The Sixth Schedule, while providing greater autonomy, has been criticized for fostering regionalism and conflicts between different tribes. Moreover, the effectiveness of both provisions is often undermined by corruption, lack of accountability, and inadequate funding.
Conclusion
Both the PESA Act and the Sixth Schedule represent significant constitutional efforts to empower tribal communities and protect their interests. While PESA aims to strengthen self-governance at the grassroots level, the Sixth Schedule provides a more robust framework for autonomous administration. However, effective implementation of both provisions requires sustained political will, adequate resource allocation, and genuine participation of tribal communities. Addressing the existing challenges and ensuring greater accountability are crucial for realizing the full potential of these constitutional safeguards and fostering inclusive development in tribal areas.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.