Q. Consider the following statements with reference to the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 or PESA Act:
1. It confers powers to the Gram Sabha to ensure proper functioning of Panchayats.
2. Scheduled Tribes have been ensured at least 50 percent reservation of the seats at every Panchayat in Scheduled Areas.
3. At intermediate or district levels the Governor can nominate such Scheduled Tribes which have no representation in the Panchayat.
How many of the above given statements are correct?
Exp) Option b is the correct answer
Statement 1 is correct: The PESA Act conferred the powers to Gram Sabha, whereas state legislature has given an advisory role to ensure the proper functioning of Panchayats and Gram Sabhas.
Statement 2 is correct: The PESA Act, 1996 provided that the reservation for the Scheduled Tribes shall not be less than one-half of the total number of seats. According to the act, all seats of Chairpersons of Panchayats at all levels in Scheduled Areas shall be reserved for the Scheduled Tribes.
Statement 3 is incorrect: The state government (not the governor) 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 • The provisions of Part IX of the constitution relating to the Panchayats are not applicable to the Fifth Schedule areas. • However, the Parliament may extend these provisions to such areas, subject to such exceptions and modifications as it may specify. • Under this provision, the Parliament has enacted the “Provisions of the Panchayats (Extension to the Scheduled Areas) Act”, 1996, popularly known as the PESA Act or the Extension Act. |
