The Ministry of Tribal Affairs is running Janjatiya Gaurav Pakhwada from 1 to 15 November 2026. It ends on Janjatiya Gaurav Diwas (15 November), the birth anniversary of Bhagwan Birsa Munda, a day the Government designated in 2021. Among the launches planned for it is the National FRA Digital Platform, which will carry a forest-rights claim from the gram sabha to a digitally signed title on one system. The two laws behind such a platform are the Panchayats (Extension to Scheduled Areas) Act, 1996 and the Forest Rights Act, 2006. Both place the village assembly at the centre of tribal governance, and UPSC asked about them three times in its 2026 papers alone.
The Gap That PESA Filled
By Aditya Tiwari · Polity faculty, The Cavalier · Lawyer, 10 years teaching law and Polity
Our page on the special provisions and Schedules sets out the Fifth Schedule (Scheduled Areas in ten states, run by the Governor with a Tribes Advisory Council) and the Sixth Schedule (autonomous district councils in Assam, Meghalaya, Tripura and Mizoram). The story picks up where that page stops. When the 73rd Amendment of 1992 created the three-tier panchayat system in Part IX, Article 243M kept the Scheduled and tribal areas out of it. The reason was sound: a plains-style panchayat could override a tribe's own village institutions. But it left a large tribal population with no panchayats at all.
Parliament was allowed to extend Part IX to the Fifth Schedule areas with "exceptions and modifications". A committee of MPs and experts under Dileep Singh Bhuria, set up in 1994 and reporting in 1995, shaped the extension. Its central idea was that the village, in the tribal sense of a hamlet or group of hamlets with its own customs, and not the panchayat office, should hold the power. Parliament passed the PESA Act in 1996, and it came into force on 24 December 1996, a date now marked as PESA Day.
The Bhuria Committee (1995) led to PESA. The Scheduled Areas and Scheduled Tribes Commission, appointed in 2002 and reporting in 2004 under the same Dileep Singh Bhuria, is a separate body. It was the second such commission, after the Dhebar Commission (appointed 1960, report 1961).
PESA, 1996: The Gram Sabha Takes Charge
PESA applies only to the Fifth Schedule areas, which exist in ten states: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan. Sixth Schedule areas and the non-scheduled plains are outside it.
- The village is defined by the community. A village is a habitation or group of habitations or hamlets comprising a community that manages its affairs by its own traditions and customs.
- The gram sabha is the base. Every village has a gram sabha of all persons on the electoral roll. It must safeguard the people's traditions and customs, cultural identity, community resources and customary mode of dispute resolution. State laws must be in line with customary law.
- Higher bodies may not take over. State laws must ensure that a panchayat at a higher level does not assume the powers of a lower panchayat or of the gram sabha.
- Tribal representation is built in. Seats are reserved for Scheduled Tribes in proportion to population, but never less than one-half of the seats, and all chairperson posts at every level go to Scheduled Tribes. The state may nominate Scheduled Tribes without representation at the intermediate or district level, up to one-tenth of the members.
| Subject | What PESA gives the gram sabha or the panchayat at the appropriate level |
|---|---|
| Plans and money | Approves plans, programmes and projects before the village panchayat takes them up; identifies beneficiaries of poverty-alleviation schemes; certifies that funds were used properly |
| Land | Consultation before land is acquired for development projects and before displaced people are resettled; power to prevent alienation of tribal land and to restore land that was wrongly taken |
| Minerals | Recommendation is mandatory before a prospecting licence or mining lease for minor minerals, and before minor minerals are auctioned |
| Forest produce and water | Ownership of minor forest produce; planning and management of minor water bodies |
| Social controls | Power to enforce or restrict the sale and consumption of intoxicants; manage village markets; control money-lending to Scheduled Tribes; supervise institutions in social sectors |
Notice the wording on minerals: PESA covers minor minerals only. Major minerals such as coal, iron ore and bauxite are not in its list, and that gap is behind many of the disputes in tribal districts. For district-level panchayats, the state is told to follow the pattern of the Sixth Schedule.
PESA is administered by the Ministry of Panchayati Raj, but the states do the work, and implementation has been uneven. Recent efforts include a PESA portal and PESA-GPDP planning portal, a set of PESA indicators and training modules in tribal languages. The Ministry held the PESA Mahotsav on 23-24 December 2025 at Visakhapatnam, around PESA Day. For the wider panchayat structure, see our page on local governance.
PESA = Part IX, modified for the ten Fifth Schedule states, with the gram sabha above everyone. It does not declare Scheduled Areas: the President does.
The Forest Rights Act, 2006: Recognising What Was Always There
The forest laws of the colonial period, chiefly the Indian Forest Act of 1927, declared most woodland to be state forest and turned people who had lived and farmed there for generations into encroachers. The Forest Rights Act, formally the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, was passed to undo that historical injustice. It came into force on 31 December 2007, with Rules notified on 1 January 2008. The verb matters: the Act recognises rights, and does not grant new land. (Our page on tribal revolts shows how forest control was the grievance behind the Munda, Santhal and Bastar uprisings.)
| Who qualifies | Test |
|---|---|
| Forest-dwelling Scheduled Tribe | A Scheduled Tribe in the area who primarily resided in forest or forest land and depended on it for bona fide livelihood needs before 13 December 2005 |
| Other Traditional Forest Dweller | Any member or community that primarily resided in and depended on the forest for at least three generations (75 years) before 13 December 2005. No tribe status is needed |
| Type of right | Examples |
|---|---|
| Title | Ownership of land already cultivated, up to 4 hectares per family, as occupied on 13 December 2005 |
| Use | Minor forest produce (collect, use, sell), grazing, fishing, seasonal resource access for nomads, water bodies |
| Community rights | Customary community uses (nistar), conversion of forest villages into revenue villages |
| Habitat rights | For Particularly Vulnerable Tribal Groups and pre-agricultural communities |
| Community Forest Resource (CFR) rights | Right to protect, regenerate, conserve and manage the traditional forest of the village. This is the most powerful right |
| Development facilities | Schools, dispensaries, anganwadis, roads, minor irrigation, using less than one hectare of forest land per project |
The gram sabha is the authority at the first step. It elects a Forest Rights Committee, which verifies claims on the ground. The gram sabha passes a resolution recommending who gets which rights, and the resolution is screened by a Sub-Divisional Level Committee and then a District Level Committee, both of which hear appeals. A State Level Monitoring Committee reviews the whole process. Each of these screening committees has government officials of the Forest, Revenue and Tribal Welfare departments along with elected members of local bodies. The Act also makes it the gram sabha's duty to protect wildlife, forest and biodiversity and to keep the habitat of forest-dwelling communities free of destructive practices.
1. FRA is not the same as PESA. FRA is administered by the Ministry of Tribal Affairs, and PESA by the Ministry of Panchayati Raj. 2. 13 December 2005 is the cut-off for occupation, not the year of the Act (2006). 3. The 4-hectare limit is for individual title only. 4. FRA applies to forest areas across the country, not just the Fifth Schedule states.
When the Gram Sabha Said No: Samatha, Niyamgiri and the Numbers
Samatha v. State of Andhra Pradesh (1997). The Supreme Court held that state government land in Scheduled Areas could not be leased to private mining companies. It declared such leases void, because the Fifth Schedule exists to protect tribal land. It was decided in July 1997, a few months after PESA, and began the court's line of protection for tribal land.
Niyamgiri (2013). Vedanta's proposed bauxite mine on the Niyamgiri hills of Odisha, sacred to the Dongria Kondh, was held up while the Supreme Court decided, on 18 April 2013, that the question of whether the mine would harm the community's religious and cultural rights must be put to the affected gram sabhas under the Forest Rights Act. Twelve gram sabhas in the mining area were consulted in July and August 2013. Every one voted against the mine, the last on 19 August 2013. It is the standard example of the gram sabha's right to say no.
| FRA claims, 31 August 2026 (Ministry of Tribal Affairs) | Figure |
|---|---|
| Claims received | About 54 lakh |
| Disposed | 43.56 lakh (80.64%) |
| Titles distributed | 25.42 lakh, over nearly 238 lakh acres |
| Pending | 10.45 lakh |
| Rejected | 18.13 lakh |
The Ministry has asked states to give a reasoned order to every rejected claimant, to preserve appeal rights and to review rejected claims. It is also pressing for more recognition of CFR rights and PVTG habitat rights, and for recognised rights to be entered in revenue records so that title-holders can reach schemes such as PM-KISAN. See also our articles on FRA claims in Parliament and PM-JANMAN.
| PESA, 1996 | FRA, 2006 | |
|---|---|---|
| Area | Only the ten Fifth Schedule states | All forest areas of the country |
| Who benefits | The whole gram sabha of a Scheduled Area village | Forest-dwelling STs and Other Traditional Forest Dwellers |
| What it does | Gives governance powers to the gram sabha | Recognises individual and community rights over forest land and produce |
| Minor forest produce | Gram sabha/panchayat owns it | Eligible people have the right to collect, use and sell it |
| Ministry | Panchayati Raj | Tribal Affairs |
How UPSC Has Asked It: Past Papers Solved
These are real CDS and NDA questions.
Consider the following statements regarding the PESA Act, 1996: I. Gram Sabhas have the power to declare Scheduled Areas. II. Gram Sabhas have the powers related to the management of community resources. III. The PESA applies to all States except areas under the Fifth Schedule. Which of the statements given above is/are not correct?
(a) I and II (b) II and III (c) I and III (d) II only
Answer: (c). Statement I is wrong because the President declares Scheduled Areas. Statement III is the reverse of the truth: PESA applies only to Fifth Schedule areas. Statement II is correct. Read "not correct" before you choose.
In which one of the following cities of India was the PESA (Panchayats (Extension to Scheduled Areas)) Mahotsav 2025 held?
(a) Visakhapatnam (b) Kochi (c) Ranchi (d) Raipur
Answer: (a). The Mahotsav was held on 23-24 December 2025 at Visakhapatnam, around PESA Day (24 December). Ranchi and Raipur are tempting because Jharkhand and Chhattisgarh are PESA states.
Which one of the following Acts is correctly paired with the year of its enactment?
(a) The Consumer Protection Act : 2012 (b) The Right to Information Act : 2004 (c) The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act : 2006 (d) The Protection of Children from Sexual Offences Act : 2010
Answer: (c). The other three years are each off by a little: the Consumer Protection Act is 1986 (with a new Act in 2019), the RTI Act is 2005 and POCSO is 2012.
Consider the following statements about the administration and control of Scheduled Areas: 1. The Governors of each State having Scheduled Areas therein shall, annually or whenever so required by the President, make a report to the President regarding the administration of the Scheduled Areas in that State. 2. The Executive Power of the Union shall extend to the giving of directions to the States as to the administration of the Scheduled Areas.
(a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
Answer: (c). Both are Fifth Schedule provisions. The Governor reports annually, and the Union can direct the states on the administration of Scheduled Areas.
Which of the following statements relating to the Fifth Schedule of the Constitution of India is not correct?
(a) It relates to the special provision for administration of certain areas in the States other than Assam, Meghalaya, Tripura and Mizoram. (b) Tribal advisory councils are to be constituted to give advice under the Fifth Schedule. (c) The Governor is not authorized to make regulations to prohibit or restrict the transfer of land by, or among members of the Scheduled Tribes. (d) The Governors of the States in which there are scheduled areas have to submit reports to the President regarding the administration of such areas.
Answer: (c). The Governor can make such regulations (with the President's assent) to stop land transfer, regulate allotment and control money-lending.
UPSC asks who holds a power (President, Governor, gram sabha), where a law applies and which year, often in the "not correct" format.
Practice MCQs (with answers)
- The Panchayats (Extension to Scheduled Areas) Act was enacted in
- 1992
- 1996
- 2006
- 2013
- Under PESA, ownership of minor forest produce rests with
- the District Collector
- the Forest Department
- the gram sabha and the panchayats at the appropriate level
- the Governor
- Fifth Schedule areas are found in how many states?
- Ten
- Nine
- Four
- Twelve
- The Forest Rights Act recognises rights on land occupied before
- 15 August 1947
- 26 January 1950
- 25 October 1980
- 13 December 2005
- An "Other Traditional Forest Dweller" must have lived in the forest for at least
- 25 years
- 50 years
- three generations (75 years)
- 150 years
- Which Supreme Court judgment of 1997 declared leases of tribal-area land to private mining companies void?
- Kesavananda Bharati
- Samatha
- Vishaka
- Olga Tellis
- In the Niyamgiri case (2013) the Supreme Court said that the question of the bauxite mine must be put before
- the Forest Advisory Committee
- the State Pollution Control Board
- the Tribes Advisory Council
- the affected gram sabhas
- Janjatiya Gaurav Diwas, 15 November, commemorates the birth anniversary of
- Birsa Munda
- Tilka Manjhi
- Alluri Sitarama Raju
- Rani Durgavati
1-b, 2-c, 3-a, 4-d, 5-c, 6-b, 7-d, 8-a. Q1: 1992 is the 73rd Amendment, 2006 the FRA. Q6: Vishaka was about workplace harassment. Q7: the court gave the question to the village assemblies instead of deciding it.
Quick Revision
- Article 243M kept Fifth and Sixth Schedule areas out of Part IX. PESA (24 December 1996; Bhuria Committee 1995) extends it to the ten Fifth Schedule states only.
- PESA: gram sabha safeguards customs and community resources; ST seats at least one-half, all chairpersons ST; consultation before land acquisition; minor minerals recommendation mandatory; owns minor forest produce.
- President declares Scheduled Areas; Governor reports annually; Tribes Advisory Council (20 members, three-fourths ST MLAs).
- FRA 2006 (force: 31 Dec 2007): cut-off 13 Dec 2005; ST resident before that date, or OTFD for 75 years; title up to 4 ha; CFR rights; PVTG habitat rights.
- Process: Forest Rights Committee, gram sabha resolution, Sub-Divisional Committee, District Committee. Ministry of Tribal Affairs.
- Samatha 1997 (mining leases void), Niyamgiri 2013 (gram sabhas decide); Dhebar 1961, Bhuria Commission 2004.
- 31 Aug 2026: about 54 lakh claims, 25.42 lakh titles, 18.13 lakh rejected. PESA Mahotsav 2025: Visakhapatnam. Janjatiya Gaurav Diwas: 15 November.
Frequently asked questions
What is the PESA Act, 1996?
The Panchayats (Extension to Scheduled Areas) Act, 1996 extends the panchayat system of Part IX of the Constitution to the Fifth Schedule areas of ten states, with modifications. It makes the gram sabha the base of self-governance and gives it powers over community resources, minor forest produce and consultation on land acquisition. It came into force on 24 December 1996.
What does the Forest Rights Act, 2006 do?
It recognises the rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers over the forest land and produce they have long depended on. The rights include individual title up to 4 hectares, use of minor forest produce, community forest resource rights and habitat rights for particularly vulnerable tribal groups. It does not grant new land.
What is the difference between PESA and the Forest Rights Act?
PESA is a law on local government for the ten Fifth Schedule states, and it gives the gram sabha governance powers. The Forest Rights Act is a law on land and resource rights that applies to forest areas across the country. PESA is administered by the Ministry of Panchayati Raj, and the Forest Rights Act by the Ministry of Tribal Affairs.
Who decides forest rights claims?
The gram sabha begins the process through its Forest Rights Committee and passes a resolution. The Sub-Divisional Level Committee screens it and the District Level Committee takes the final decision, and both hear appeals. A State Level Monitoring Committee oversees the process.
Why is Niyamgiri important?
In April 2013 the Supreme Court directed that the question of mining on the Niyamgiri hills be placed before the affected gram sabhas under the Forest Rights Act. The villages voted against the Vedanta bauxite project. It is the best-known case of a gram sabha using its right to say no to a development project.
Related CDS / OTA Polity topics
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