Q. Consider the following statements regarding the Panchayats (Extension to the Scheduled Areas) Act, 1996:
1. One of its objectives is to preserve the traditions and customs of tribal communities.
2. It extends the provisions of Part IX of the Constitution to the Sixth Scheduled Areas.
3. All the seats of Chairpersons of Panchayats at all levels are reserved for the Scheduled Tribes.
4. The President can nominate some Scheduled Tribes in the Panchayats at all levels.
How many statements given above are correct?
Exp) Option b is the correct answer.
Statement 1 is correct. One of the objectives of the Panchayats (Extension to the Scheduled Areas) Act, 1996 or PESA Act is to preserve the traditions and customs of tribal communities
Statement 2 is incorrect. PESA is a Central legislation that extends the Provisions of the Panchayats, as given in Part IX of the Constitution to the Fifth Scheduled Areas with certain modifications and exemptions. These areas have preponderance of tribal population. The States with Fifth Schedule Areas that are covered under PESA are Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana.
Statement 3 is correct. All seats of Chairpersons of Panchayats at all levels shall be reserved for the Scheduled Tribes. The reservation of seats in the Scheduled Areas in every Panchayat shall be in proportion to the population of the communities for whom reservation is sought to be given under Part IX of the Constitution. However, the reservation for the Scheduled Tribes shall not be less than one-half of the total number of seats.
Statement 4 is incorrect. The State Government (and not President) may nominate such Scheduled Tribes which have no representation in the Panchayat at the intermediate level or the Panchayat at the district level. But such nomination shall not exceed one-tenth of the total members to be elected in that Panchayat.
| Important Tips Other objectives of Panchayats (Extension to the Scheduled Areas) Act, 1996 or PESA Act: 1. To extend the provisions of Part IX of the Constitution relating to the panchayats to the scheduled areas with certain modifications 2. To provide self-rule for the bulk of the tribal population 3. To have village governance with participatory democracy and to make the gram sabha a nucleus of all activities 4. To evolve a suitable administrative framework consistent with traditional practices 5. To empower panchayats at the appropriate levels with specific powers conducive to tribal requirements 6. To prevent panchayats at the higher level from assuming the powers and authority of panchayats at the lower level of the gram sabha |
