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MPLADS Scheme

Why in News

• It will be co-terminus with the period of the 15th Finance Commission. 
• The scheme was suspended for two financial years (2020-21 and 2021-22).

Key Points

• It is a Central Sector Scheme which was announced in December 1993.

Objective

• To enable MPs to recommend works of developmental nature with emphasis on the creation of durable community assets in the areas of drinking water, primary education, public health, sanitation and roads, etc. primarily in their Constituencies. 
• Since June 2016, the MPLAD funds can also be used for implementation of the schemes such as Swachh Bharat Abhiyan, Accessible India Campaign (Sugamya Bharat Abhiyan), conservation of water through rain water harvesting and Sansad Aadarsh Gram Yojana, etc.

Implementation

• The process under MPLADS starts with the Members of Parliament recommending works to the Nodal District Authority. 
• The Nodal District concerned is responsible for implementing the eligible works recommended by the Members of Parliament and maintaining the details of individual works executed and amount spent under the Scheme.

Functioning

• Each year, MPs receive Rs. 5 crore in two instalments of Rs. 2.5 crore each. Funds under MPLADS are non-lapsable. 
• Lok Sabha MPs have to recommend the district authorities projects in their Lok Sabha constituencies, while Rajya Sabha MPs have to spend it in the state that has elected them to the House. 
• Nominated Members of both the Rajya Sabha and Lok Sabha can recommend works anywhere in the country

Significance of Restoration of the Scheme

• It will restart fulfilling the aspirations and developmental requirements of the local community and creation of durable assets, which is the primary objective of the MPLADS. 
• It will also help in reviving the local economy. ¾ Issues with MPLADS: 
• Implementation Lapses: The Comptroller and Auditor-General of India (CAG) has flagged instances of financial mismanagement and artificial inflation of amounts spent.

Mineral Conservation and Development (Amendment) Rules, 2021

Why in News

• The MCDR has been framed under section 18 of the Mines and Minerals (Development and Regulation) Act, 1957 [MMDR Act]. 
• They provide rules regarding conservation of minerals, systematic and scientific mining, development of the mineral in the country and for the protection of the environment.

Key Points

• Rules prescribed that all plans and sections related to mine shall be prepared by combination of Digital Global Positioning System (DGPS) or Total Station or by drone survey in relation to certain or all leases as may be specified by Indian Bureau of Mines (IBM, Nagpur). 
• A total station is an optical instrument commonly used in construction, surveying and civil engineering. It is useful for measuring horizontal angles, vertical angles and distance.

Digital Image Submission

• New Rule inserted to provide for submission of digital images of mining areas by lessees and Letter of Intent holders. 
• Lessees having annual excavation plans of 1 million tonne or more or having leased area of 50 hectare or more are required to submit drone survey images of leased area and up to 100 meters outside the lease boundary every year. 
• Other lessees submit high resolution satellite images.  
• This step will not only improve mine planning practices, security and safety in the mines but also ensure better supervision of mining operations.

Reduction of Compliance Burden

• Provision of daily return omitted to reduce compliance burden. Power of taking action against incomplete or wrong or false information in monthly or annual returns given to IBM, in addition to State Government.

Penalty Provisions
Penalty provisions in the rules have been rationalized. Amendment in the rules categorized the violations of the rules under the following major heads: 

• Major Violations: Penalty of imprisonment, fine or both. Z
• Minor Violations: Penalty reduced. Penalty of only fine for such violations prescribed. 
• Decriminalization of Rules: Violation of other rules has been decriminalized. These rules did not cast any significant obligation on the concession holder or any other person.

Financial Assurance

• Provision of forfeiture of financial assurance or performance security of the lease holder added in case of non-submission of final mine closure plan within the period specified. 

Increased Employment Opportunity

• Allowed engagement of a part-time mining engineer or a part-time geologist for small mines which will ease compliance burden for small miners. 
• Diploma in mining and mine surveying granted by duly recognized institute along with a second class certificate of competency issued by the Director General of Mines Safety is added in qualification for full time Mining Engineer. 
• Also, qualification for part time Mining Engineer added.

Minerals Concession (Fourth Amendment) Rules, 2021

Why in News

• It will amend the Minerals (other than Atomic and Hydro Carbons Energy Mineral) Concession Rules, 2016 [MCR, 2016]

Key Points

• Sale from Captive Leases:
  • New rules inserted to provide a manner of sale of 50% of minerals produced from the captive leases. 
  • With this amendment, the way for releasing of additional minerals in the market by greater utilization of mining capacities of captive mines has been paved.
  • Captive mines are those that produce coal or mineral for exclusive use by the company that owns the mines, while non-captive ones are those that produce as well as sell the fuel. 
• Disposal of Overburden (OB)
  • Provision added to allow disposal of overburden/ waste rock/ mineral below the threshold value, which is generated during the course of mining or beneficiation of the mineral. 
  • This will enable ease of doing business for the miners.
• Area for Grant of Mining Lease
  • Minimum area for grant of mining lease has been revised from 5 ha. to 4 ha. For certain specific deposits, minimum 2 ha. is provided.
• Part Surrender for all Cases
  • Part surrender of mining lease area allowed in all cases. 
  • Earlier, part surrender was allowed only in case of non-grant of forest clearance.
• Transfer of Composite License:
  • Rules amended to allow transfer of composite licence or mining lease of all types of mine. 

Objective

• To increase employment and investment in the mining sector, increasing revenue to the States, increasing the production and time bound operationalisation of mines, increasing the pace of exploration and auction of mineral resources, etc. Mining Sector in India

About

• India holds a fair advantage in production and conversion costs in steel and alumina. Its strategic location enables export opportunities to develop as well as fast-developing Asian markets. 
• India is the world’s second-largest coal producer as of 2021. 
• India is the world’s second-largest crude steel producer, as of 2020. 
• India has the same mineral potential as South Africa and Australia. It produces 95 types of minerals but despite this huge mineral potential, the mining sector of India still remains underexplored. 
• The mining sector contributes around 7 to 7.5% of the GDP of countries like South Africa and Australia whereas it is only 1.75% in India. 
• 11 states account for 90% of the total number of operational mines (Andhra Pradesh, Odisha, Chhattisgarh, Jharkhand, West Bengal, Maharashtra, Tamil Nadu, Gujarat, Madhya Pradesh, Rajasthan, and Karnataka).

Constitutional Provision Related to Mining

• The entry at serial No. 23 of List II (State List) to the Constitution of India mandates the state government to own the minerals located within their boundaries. 
• The entry at serial No. 54 of List I (Central List) mandates the central government to own the minerals within the Exclusive Economic Zone of India (EEZ). 
• The central government has the ownership over all offshore minerals (ie, minerals extracted from the sea or ocean floor in the Indian maritime zones such as the territorial waters, continental shelf and exclusive economic zones).

Related Scheme

• The National Mineral Policy 2019. 
• Initiatives are being taken to ensure early operationalisation of auctioned greenfield mineral blocks. 
• Rationalisation of taxes in the mining sector is also being considered. 
• Under the Atmanirbhar Bharat scheme, enhancing private investments in the mineral sector and bringing in other reforms has been announced. 
• District Mineral Foundation Funds.

All India Judicial Service

Why in News

Key Points

• The AIJS is a reform push to centralise the recruitment of judges at the level of additional district judges and district judges for all states. 
• In the same way that the Union Public Service Commission conducts a central recruitment process and assigns successful candidates to cadres, judges of the lower judiciary are proposed to be recruited centrally and assigned to states.

Previous Proposals

• The AIJS was first proposed by the 14th report of the Law Commission in 1958.
• A statutory or constitutional body such as the UPSC to conduct a standard, centralised exam to recruit and train judges was discussed. 
• The idea was proposed again in the Law Commission Report of 1978, which discussed delays and arrears of cases in the lower courts. 
• In 2006, the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice in its 15th Report backed the idea of a pan-Indian judicial service, and also prepared a draft Bill.

Supreme Court’s Stand

• In 1992, the Supreme Court (SC) in All India Judges’ Association v. The Union of India directed the Centre to set up an AIJS. 
• In a 1993 review of the judgment, however, the court left the Centre at liberty to take the initiative on the issue. 
• In 2017, the SC took suo motu cognizance of the issue of appointment of district judges, and mooted a Central Selection Mechanism. 
• Senior advocate Arvind Datar, who was appointed amicus curiae (friend of the court) by the court, circulated a concept note to all states in which he recommended conducting a common examination instead of separate state exams. 
• Based on the merit list, High Courts would then hold interviews and appoint judges. Datar submitted that this would not change the constitutional framework or take away the powers of the states or High Courts.

Benefits of AIJS

• Efficient Judiciary: It will ensure an efficient subordinate judiciary, to address structural issues such as varying pay and remuneration across states, to fill vacancies faster, and to ensure standard training across states. 
• Ease of Doing Business: The government has targeted the reform of lower judiciary in its effort to improve India’s Ease of Doing Business ranking, as efficient dispute resolution is one of the key indices in determining the rank. 
• Addressing Judges To Population Ratio: A Law Commission report (1987) recommended that India should have 50 judges per million population as against 10.50 judges (then). 
• Now, the figure has crossed 20 judges in terms of the sanctioned strength, but it’s nothing compared to the US or the UK — 107 and 51 judges per million people, respectively. 
• Higher Representation of Marginalised Sections of Society: According to the Government, the AIJS to be an ideal solution for equal representation of the marginalised and deprived sections of society. 
• Attracting Talent Pool: The government believes that if such a service comes up, it would help create a pool of talented people who could later become a part of the higher judiciary  
• Bottoms-Up Approach: The bottoms-up approach in the recruitment would also address issues like corruption and nepotism in the lower judiciary. 

Criticism

• Encroaching States Power: A centralised recruitment process is seen as an affront to federalism and an encroachment on the powers of states granted by the Constitution. 
• Wont Address Unique Issues: This is the main contention of several states, which have also argued that central recruitment would not be able to address the unique concerns that individual states may have. 
• Language and representation, for example, are key concerns highlighted by states. 
• Judicial business is conducted in regional languages, which could be affected by central recruitment. 
• Not Good For Local Reservation: Also, reservations based on caste, and even for rural candidates or linguistic minorities in the state, could be diluted in a central test. 
• Against Separation of Powers: The opposition is also based on the constitutional concept of the separation of powers. A central test could give the executive a foot in the door for the appointment of district judges, and dilute the say that High Courts have in the process. 
• Wont Address Structural Issues: The creation of AIJS will not address the structural issues plaguing the lower judiciary. 
• The issue of different scales of pay and remuneration has been addressed by the SC in the 1993 All India Judges Association case by bringing in uniformity across states. 
• Experts argue that increasing pay across the board and ensuring that a fraction of High Court judges are picked from the lower judiciary, may help better than a central exam to attract quality talent.

Current Appointment Method

• Articles 233 and 234 of the Constitution of India deal with the appointment of district judges, and place it in the domain of the states. 
• The selection process is conducted by the State Public Service Commissions and the concerned High Court, since High Courts exercise jurisdiction over the subordinate judiciary in the state. 
• Panels of High Court judges interview candidates after the exam and select them for appointment. 
• All judges of the lower judiciary up to the level of district judge are selected through the Provincial Civil Services (Judicial) exam. PCS(J) is commonly referred to as the judicial services exam. 
• The Appointment of Judges of the Supreme Court and the High Court and the transfer of judges from one High Court to another had to be made in accordance with Articles 124, 217 and 222 of the Constitution of India. The appointment of judges is made by the President in consultation with the Chief Justice and other judges (Collegium System). 

Constitutional Provision For Bringing the Change 

• The 42^nd Constitutional amendment in 1976 amended Article 312 (1) empowering Parliament to make laws for the creation of one or more All-India Services, including an AIDS, common to the Union and the States. 
  • Under Article 312, Rajya Sabha is required to pass a resolution supported by not less than two-thirds of its members present and voting. Thereafter, Parliament has to enact a law creating the ADS. 
  • This means no constitutional amendment will be required for establishment of ALIS. 

Destination Northeast India

Why in News

• It is celebrating the rich heritage of North East India, under the Ministry of Development of North Eastern Region & North Eastern Council (NEC)’s initiative titled “Destination NorthEast India”.

Key Points

• It holds a special presentation of art and craft, textiles, ethnic products, tourism promotion etc. of the eight northeastern states.

Organisations Involved

• Ministry of Development of North-East Region. 
• North Eastern Council (NEC): It is the nodal agency for the economic and social development of the NE Region which consists of the eight States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura. It was constituted in 1971 by an Act of Parliament. 
• National Museum: The blueprint for establishing the National Museum in Delhi was prepared by the Maurice Gwyer Committee in May 1946. 
• It was initially looked after by the Director General of Archaeology until 1957, when the Ministry of Education declared it a separate institution and placed it under its own direct control. 
• At present, the National Museum is under the administrative control of the Ministry of Culture.

Importance of NE Region

• Strategic Location: The NER is strategically located with access to the traditional domestic market of eastern India, along with proximity to the major states in the east and adjacent countries such as Bangladesh and Myanmar.
• Links with Southeast Asia: With ASEAN engagement becoming a central pillar of India’s foreign policy direction, NE states play an important role as the physical bridge between India and Southeast Asia.
• The India’s Act East Policy places the northeastern states on the territorial frontier of India’s eastward engagement.
• Economic Significance: The NER has immense natural resources, accounting for around 34% of the country’s water resources and almost 40% of India’s hydropower potential.
• Sikkim is India’s first organic state. 
• Tourism Potential: Northeast of India is home to many wildlife sanctuaries like Kaziranga National Park famous for the one horned rhinoceros, Manas National Park, Nameri, Orang, Dibru Saikhowa in Assam, Namdapha in Arunachal Pradesh, Balpakram in Meghalaya, Keibul Lamjao in Manipur, Intanki in Nagaland, Khangchendzonga in Sikkim.
• Cultural Significance: Tribes in NER have their own culture. Popular festivals include Hornbill Festival of Nagaland, Pang Lhabsol of Sikkim, etc. Government Initiatives for NE Region.
• Ministry of Development of North Eastern Region (DoNER): A Department of Development of North Eastern Region (DoNER) was established in 2001. It was elevated to a full ministry in 2004. 
• Infrastructure Related Initiatives
  • Under Bharatmala Pariyojana (BMP), road stretches aggregating to about 5,301 km in NER have been approved for improvement.
  • The North East has been kept as a priority area under RCS-UDAN (to make flying more affordable).
• Connectivity Projects: Kaladan Multi-Modal Transit Project (Myanmar) and Bangladesh-China-India Myanmar (BCIM) Corridor. 
• For Promoting Tourism: Under the Swadesh Darshan Scheme of the Ministry of Tourism, projects worth Rs. 1400.03 crore have been sanctioned for the NER in the last five years.
• Mission Purvodaya: Purvodaya in the steel sector is aimed at driving accelerated development of Eastern India through the establishment of an integrated steel hub.
• The Integrated Steel Hub, encompassing Odisha, Jharkhand, Chhattisgarh, West Bengal and Northern Andhra Pradesh, would serve as a torchbearer for socio-economic growth of Eastern India.
• North-East Industrial Development Scheme (NEIDS): In order to promote employment in the North East States, the Government is incentivizing primarily the MSME Sector through this scheme.
• The National Bamboo Mission has a special significance for the Northeast.
• North Eastern Region Vision 2020: The document provides an overarching framework for the development of the NE Region to bring it at par with other developed regions under which different Ministries, including the Ministry of DoNER have undertaken various initiatives.
• Digital North East Vision 2022: It emphasises leveraging digital technologies to transform lives of people of the north east and enhance the ease of living.

Righting Historical Wrong – Scheduled Tribes

The article highlights about the plight of tribals (Adivasis) when they are displaced from their areas because of developmental projects (dams, mines, industries) and are neither rehabilitated nor provided enough compensation by the state. Let us go through the laws of India which safeguards their rights and interests. Also let us look into the role of Gram Sabha in safeguarding their rights and interests.

Exploitation of Irular Community

• The Tamil movie Jai Bhim portrayed the discrimination experienced by the Irula community, the second largest of the 36 tribal communities in Tamil Nadu. They are traditional healers, snake and rat catchers, but now primarily migrate to different places to work in brick kilns, rice mills, etc. 
• Like many Adivasi groups in India, the Irulas also continue to suffer the stigma of criminality due to the Habitual Offenders Act, 1952, which replaced the colonial Criminal Tribes Act, 1871. This law is a “crude colonial construct”, which should be repealed at the earliest.

Rights Under Fra Not Given Until 2016

• A study on the rate of the formal distribution of rights claims under the Forest Rights Act, found that no title rights were issued in Tamil Nadu because of a ban on the issuance of titles by the High Court till early 2016. The ban was stayed only after the intervention of the Supreme Court.

Development-Induced Displacement of Tribals

• The “development-induced displacement” trajectory adopted by the country has often been at the expense of the STs, either by way of exclusion or forced “inclusion” in a “mainstream” that is completely alien to their “world view” through what the Xaxa Committee in 2014 had called the “ashramisation” of the tribal. Displacement due to the encroachment and appropriation of land inhabited by STs, which are generally rich in forest and mineral resources, has been further intensified in the post-liberalisation period due to corporate interests. 
• Hence, the makers of the Constitution, even while underlining the importance of sharing the values of modernity with the STs, who have a great deal of heterogeneity among themselves, had been careful enough to provide a certain degree of autonomy to them to have a say in their development pursuit. 
• Nation states have realised that certain elements in the tribal “world view”, with respect to ecology, language, democracy, equality, property rights, etc., hold important lessons for human progress and sustainable development. Accordingly, the Fifth and Sixth Schedules, which are governed by Articles 244 (1) and (2) of the Constitution, provides certain rights to tribes in the northeast and across India.

Creation of Scheduled Areas

• The Fifth Schedule had been also termed by the Mungekar Committee in 2009 for tribal development as a “Constitution within Constitution”. It allows for the creation of Scheduled Areas by the President of India. 
• Criteria for declaring an area as a Scheduled Area The First Scheduled Areas and Scheduled Tribes Commission, also known as the Dhebar Commission (1960-61) laid down the following criteria for declaring any area as a ‘Scheduled Area’ under the Fifth Schedule:
• Preponderance of tribal population, which should not be less than 50% 
• Compactness and reasonable size of the area; Underdeveloped nature of the area. 
• Marked disparity in the economic standard of the people, as compared to the neighboring areas. 
• A viable administrative entity such as a district, block or taluk, has been also identified as an important additional criterion. The Programme on Integrated Tribal Development Projects (ITDP) under Tribal Sub-Plan (TSP) is being implemented since the Fifth Five Year Plan with specific objectives of reducing poverty, improving educational status an eliminating exploitation of the tribal families. Powers of Governor under Fifth Schedule.
• Under Paragraph 4 - Governor has rule-making powers about the number of members, mode of appointment, and functioning of the Tribes Advisory Council (TAC). The TAC renders advice to him when called upon by the Governor. 
• Paragraph 5(1) - gives the Governor the power to restrict the application of any Central or State legislation to the Scheduled Area, either completely, or subject to exceptions and modifications. It has been held by the Supreme Court that the power to make exceptions and modifications includes the power to amend these laws. 

Law applicable to Scheduled Areas – (Fifth Schedule)

• Notwithstanding anything in Constitution, the Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof in the State or shall apply to a Scheduled Area or any part thereof in the State subject to such exceptions and modifications as he may specify in the notification. 
• The Governor may make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area. And without prejudice to the generality of the foregoing power, such regulations may— a. prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area. b. regulate the allotment of land to members of the Scheduled Tribes in such area. c. regulate the carrying on of business as moneylender by persons who lend money to members of the Scheduled Tribes in such area. 
• In making any such regulation as is referred to in sub-paragraph (ii) of this paragraph, the Governor may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to the area in question. 
• All regulations made under this paragraph shall be submitted forthwith to the President and, until assented to by him, shall have no effect. 
• No regulation shall be made under this paragraph unless the Governor making the regulation has, in the case where there is a Tribes Advisory Council for the State, consulted such Council. Mungekar Committee Recommendations on Vth Schedule Areas The Mungekar Committee Report on Standards of Administration and Governance in the Scheduled Areas under the chairmanship of Dr. Bhalchandra Mungekar contains recommendations on a variety of issues. 
• These include inter alia reviving institutions of self governance, effective delivery mechanism, creation of critical infrastructure, Tribal Subplan, implementation of the Scheduled Tribes and the Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and Governors Report. The report also contains recommendations on the role of the Ministry of Tribal Affairs and State Tribal Welfare Departments, National Commission for Scheduled Tribes and SCs & STs (Prevention of Atrocities) Act, 1989.

Important Recommendations

• For ensuring effective delivery mechanism there is a strong need to resuscitate ITDPs by restrengthening and revamping for being able to be the implementing agencies for the new proposed deal. 
• The process of planning from below should begin with ITDPs . It should move on to block unit in the form of a broad perspective along with annual plan exercise in not more than three years. This preliminary exercise should pave the way for a real process of planning from below for Scheduled Areas in the 12th Plan. Competent micro planning units should be established at State and ITDP levels. 
• A single line administration should be established at the level of ITDPs with a clear chain of command and specific wideband functional domain Raj institution . While Panchayats at the District/intermediate level should have decision making powers in relevant areas, implementation should be the exclusive domain of administration. On the other hand, the domain of Gram Sabha should remain non administration playing a supportive role. 
• At the District level, all TSP funds flowing to the Scheduled Areas should be through the ITDPs. Since the flow of funds at the district level for Scheduled Areas is in many cases likely to exceed Rs. 200 crores annually, an officer equal 
• At least for Tribalviolable within rank and experience to that of the CEO (ZP) or Project Officer (DRDA) should be provided with a fixed tenure as the District Tribal Welfare Officer or Project Director ITDP. majority districts such district level officers should be selected by an Expert Committee headed by the Chief Secretary of the State Government. 
• The district level office should be appropriately strengthened, and the strength should be reviewed once in 5 years. At the Block level, in Scheduled Areas, monitoring units should be created with modern office and communication facilities under the District Officer in charge of Tribal Affairs. As far as TSP funds are concerned, BDOs should be answerable to the Project Director of the ITDP.

Tribal Sub-Plan

• Tribal Sub Plan (TSP) strategy was initially developed by an Expert Committee set up by the Ministry of Education and Social Welfare in 1972 under the Chairmanship of Prof. S.C. Dube for the rapid socioeconomic development of tribal people and was adopted for the first time in the Fifth Five Year Plan. 
• Tribal Sub-Plan came into existence in 1974-75 as a strategy for the development of areas having tribal concentration. 
• After the merger of Plan and Non-Plan, the TSP was renamed as Scheduled Tribe Component (STC) by the Ministry of Finance. 41 Central Ministries/Departments have been identified for earmarking of STC. 
• Financial Grant under Article 275(1) by Ministry of Tribal Affairs: Tribal Population more than 60% - TSP scheme is not applicable to the states/UT where tribal population exceeds 60% as the Annual Plan in these States/UTs is itself a Tribal Plan. 
• Role of State Government - State Governments are supposed to earmark Tribal Sub-Plan funds in proportion to ST population (as per Census 2011) in the State with respect to total State Plan. 
• Monitoring of TSP – The monitoring of TSP plan was being done by erstwhile Planning Commission till 2017-18, it was only in FY 2018-19, the monitoring of STC plan was given to the Ministry of Tribal Affairs. 
• Basic Objective of Schedule Tribe Component - channelize/monitor the flow of outlays and benefits from the general sectors in the Central Ministries/Departments for the development of Scheduled Tribes at least in proportion to their population. Benefits of TSP/STC Strategy for Tribal Population 

The Panchayat Extension to Scheduled Areas (PESA) Act, 1996, is a law in India that aims to extend the provisions of the Panchayats (local self-governance institutions) to the Scheduled Areas, which are predominantly inhabited by tribal communities. Scheduled Areas are regions identified by the Indian Constitution that have a high concentration of tribal populations and require special administrative and governance provisions to preserve the rights, culture, and traditions of the indigenous people.
The PESA Act is an extension of the 73rd Constitutional Amendment Act, 1992, which mandates the establishment of Panchayats in rural areas across India. However, the 73rd Amendment did not automatically apply to the Scheduled Areas, necessitating the enactment of the PESA Act.
The main objectives of the PESA Act are:

• To empower the local self-governance institutions (Panchayats) in Scheduled Areas, ensuring the participation of tribal communities in decision-making processes and the management of their resources.
• To preserve and safeguard the traditional rights, culture, and customs of the tribal communities.
• To promote social and economic development in the Scheduled Areas by providing better access to education, healthcare, and other basic services.
• To ensure that the development programs and projects implemented in the Scheduled Areas are in line with the needs and aspirations of the tribal communities.

The PESA Act provides several special provisions for the functioning of Panchayats in Scheduled Areas, including:

• The reservation of seats for Scheduled Tribes in Panchayats in proportion to their population.
• The establishment of Gram Sabhas (village assemblies) as the primary decision-making bodies in the village, with powers to approve plans, projects, and budgets.
• The recognition of the customary law, community rights, and traditions of the tribal communities in the functioning of the Panchayats.
• The requirement for consultation with the Gram Sabha before acquiring land or resettling tribal communities for development projects.
• The management of natural resources, including the ownership of minor forest produce, by the tribal communities through the Panchayats.

Despite the enactment of the PESA Act, the implementation has been slow and uneven across different states in India. There are concerns about the lack of awareness among tribal communities about their rights under the Act, inadequate capacity building of Panchayats, and the influence of non-tribal interests in the functioning of local self-governance institutions.

Importance & Benefits of PESA

• Effective implementation of PESA will bring development & deepen democracy in Fifth Schedule Areas. 
• Enhance people’s participation in decision making. 
• Better control over the utilisation of public resources for tribals and forest dwellers. 
• Reduce alienation of land in tribal areas. 
• Reduce poverty and out-migration among tribal population as they will have control and management of natural resources which will help in improving their livelihoods and incomes. 
• Minimise exploitation of tribal population as they will be able to control and manage money lending, consumption & sale of liquor and also sell their produce in village markets. 
• Promote cultural heritage through preservation of traditions, customs and cultural identity of tribal population.