In the areas covered under the Panchayat (Extension to the Scheduled Areas) Act, 1996, what is the role/power of Gram Sabha? 1. Gram Sabha has the power to prevent alienation of land in the Scheduled Areas 2. Gram Sabha has the ownership of minor forest produce 3. Recommendation of Gram Sabha is required for granting prospecting lincence or mining lease for any mineral in the Scheduled Areas Which of the statements given above is/are correct?

Updated 11 Apr 2026

Contents20
UPSC Prelims GS2012Indian Polity
  1. A1 only
  2. B1 and 2 only
  3. C2 and 3 only
  4. D1, 2 and 3
Show answer

Answer: (B) 1 and 2 only

Under PESA (Article 4K), the Gram Sabha has the power to prevent alienation of land in Scheduled Areas and owns minor forest produce — so statements 1 and 2 are correct.

Statement 3 is tricky: the Act says recommendations of the Gram Sabha 'or the Panchayats at the appropriate level' are required before granting a prospecting licence or mining lease — but only for 'minor minerals', not 'any mineral' as the statement claims.

Two deliberate word changes ('any mineral' instead of 'minor minerals', and dropping 'or Panchayats at the appropriate level') make statement 3 false.

Why this was asked

PESA 1996 gives Gram Sabhas in Scheduled Areas special powers over land, forest produce, and mineral licensing that regular Gram Sabhas do not have.

UPSC is testing precise reading skills by changing 'minor minerals' to 'any mineral' and removing 'or Panchayats at appropriate level' from the actual PESA provisions.

The question checks whether students can distinguish between powers exclusively held by Gram Sabha versus powers shared with Panchayats at other levels.

PESA Act 1996

Indian Polity Panchayat (Extension to the Scheduled Areas) Act, 1996 PESA Scheduled Areas

PESA Act 1996: Tribal Self-Governance in Scheduled Areas

Must know

PESA Act 1996 extends Panchayati Raj to Fifth Schedule areas with special provisions for tribal autonomy

Gram Sabha gets land alienation prevention powers and ownership of minor forest produce

Mining lease recommendations required from Gram Sabha or appropriate Panchayat for minor minerals only

Good to know

Does not apply to Sixth Schedule areas (Northeast)

Context

The PESA Act 1996 was enacted to extend Panchayati Raj institutions to Fifth Schedule areas while preserving tribal autonomy. It recognizes the traditional governance systems of tribal communities and gives enhanced powers to Gram Sabhas in Scheduled Areas.

Key Powers of Gram Sabha under PESA

Power/Function

Specific Provision

Significance

Land Alienation Prevention

Power to prevent alienation of land in Scheduled Areas

Protects tribal land rights

Minor Forest Produce Ownership

Gram Sabha owns minor forest produce

Economic empowerment of tribals

Mining Recommendations

Consultation required for minor minerals only

Environmental protection with caveats

Planning & Implementation

Mandatory consultation for development projects

Community participation

Social Audit

Monitor all social sector programmes

Transparency and accountability

PESA vs Regular Panchayati Raj

Enhanced autonomy: Gram Sabha has greater powers than in non-tribal areas

Cultural preservation: Respects traditional tribal governance customs and practices

Resource control: Direct ownership and control over natural resources like minor forest produce

Mandatory consultation: All development programmes require Gram Sabha approval

Conflict resolution: Traditional dispute resolution mechanisms are recognized

PESA Coverage

# PESA Act Application
## Geographic Coverage
- Fifth Schedule Areas only
- 9 states covered
- Not applicable to Sixth Schedule
## States Covered
- Andhra Pradesh
- Chhattisgarh
- Gujarat
- Himachal Pradesh
- Jharkhand
- Madhya Pradesh
- Maharashtra
- Odisha
- Rajasthan
## Key Exclusions
- Sixth Schedule areas
- Urban areas
- Cantonment areas
Exam traps

Trap: Statement 3 says 'any mineral' but PESA applies only to 'minor minerals'

Trap: Statement 3 says 'Gram Sabha' only but PESA allows 'Gram Sabha or Panchayats at appropriate level'

Common confusion: PESA applies to Fifth Schedule areas, not Sixth Schedule (Northeast)

Word trap: 'Alienation of land' vs 'Transfer of land' — both mean the same but UPSC uses 'alienation'

Geographic trap: Don't confuse tribal areas under Fifth Schedule with autonomous areas under Sixth Schedule

Fifth Schedule Areas

Indian Polity Fifth Schedule Scheduled Areas

Fifth Schedule: Administration of Scheduled Areas & Tribal Welfare

Must know

Fifth Schedule provides for administration of Scheduled Areas and welfare of Scheduled Tribes

Governor has special powers to make regulations for peace and good government

Good to know

Tribes Advisory Council mandatory in states with Scheduled Areas

Covers tribal-majority areas in 9 mainland states

Constitutional Framework

Article 244(1) empowers the Fifth Schedule to govern Scheduled Areas and tribal welfare. The Governor acts as the constitutional head with special regulatory powers, while the Tribes Advisory Council advises on tribal matters.

Fifth vs Sixth Schedule Comparison

Aspect

Fifth Schedule

Sixth Schedule

Geographic Coverage

Mainland India (9 states)

Northeast India (4 states)

Areas Covered

Scheduled Areas

Autonomous Districts

Administrative Head

Governor with special powers

Autonomous District Councils

Legislative Powers

Governor can make regulations

District Councils make laws

PESA Applicability

Yes - PESA Act applies

No - PESA does not apply

Key Features

Individual tribal welfare

Community autonomy

Fifth Schedule Areas Map

Fifth Schedule covers scattered tribal-majority pockets across mainland states — not entire states
Fifth Schedule covers scattered tribal-majority pockets across mainland states — not entire states

Source: The Hindu — What do the home lands of India's ST communities look like ... · www.thehindu.com

Governor's Special Powers

Regulatory power: Can make regulations for peace and good government of Scheduled Areas

Modification authority: Can modify or suspend application of any Central/State Act

Tribes Advisory Council: Must consult TAC before making regulations

Presidential approval: All regulations require President's assent

Annual reporting: Must report annually to President on administration of Scheduled Areas

Exam traps

Geography trap: Fifth Schedule = mainland tribal areas; Sixth Schedule = Northeast autonomous areas

PESA confusion: PESA applies only to Fifth Schedule areas, never to Sixth Schedule

Administrative trap: Governor has special powers in Fifth Schedule, District Councils in Sixth Schedule

Coverage mistake: Fifth Schedule areas are pockets within states, not entire states

Gram Sabha Powers in Scheduled Areas

Indian Polity Gram Sabha power role

Gram Sabha Powers under PESA: Enhanced Tribal Autonomy

Must know

Gram Sabha has enhanced powers in Scheduled Areas compared to regular areas

Land alienation prevention and minor forest produce ownership are key powers

Mandatory consultation required for all development projects and programmes

Good to know

Powers respect traditional tribal governance systems and customs

Enhanced Authority

Under PESA, Gram Sabha in Scheduled Areas functions as the primary decision-making body with powers that go far beyond regular Panchayati Raj institutions. It serves as the guardian of tribal rights, resources, and cultural practices.

Gram Sabha Powers under PESA

Category

Specific Power

Legal Basis

Impact

Land Rights

Prevent land alienation

Article 4K of PESA

Protects tribal land from outsiders

Forest Resources

Ownership of minor forest produce

Article 4K of PESA

Economic empowerment

Mining

Consultation for minor minerals

Article 4K of PESA

Environmental protection

Development

Approval for all programmes

Article 4J of PESA

Community participation

Social Audit

Monitor implementation

Article 4I of PESA

Transparency

Mining Lease Process in Scheduled Areas

%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
  s1["`**Mining Company Application**
Company applies for prospecting/mining lease`"]
  s2["`**Classification Check**
Government determines if it's major or minor mineral`"]
  s3["`**If Minor Mineral**
Gram Sabha OR appropriate Panchayat consultation mandatory`"]
  s4["`**If Major Mineral**
No PESA consultation required (only EIA, forest clearance etc.)`"]
  s5["`**Final Decision**
State government grants or rejects lease`"]
  s1 --> s2
  s2 --> s3
  s3 --> s4
  s4 --> s5

Traditional Governance Integration

Customary practices: PESA respects traditional decision-making processes of tribal communities

Conflict resolution: Traditional dispute resolution mechanisms are formally recognized

Cultural preservation: Gram Sabha can protect tribal customs, traditions, and community resources

Resource management: Community ownership model for natural resources like water bodies, grazing lands

Social control: Power to control institutions and functionaries in all social sectors

Exam traps

Mineral trap: Consultation required for minor minerals only, not all minerals

Authority trap: Gram Sabha OR appropriate Panchayat can give recommendations, not just Gram Sabha

Land power: Gram Sabha can prevent alienation, but doesn't own all land in Scheduled Areas

Ownership vs Control: Gram Sabha owns minor forest produce but controls other resources

Sixth Schedule Areas

Indian Polity

Sixth Schedule: Autonomous Districts in Northeast India

Must know

Sixth Schedule provides for Autonomous District Councils in Northeast India

Covers 10 Autonomous Districts in Assam, Meghalaya, Tripura, Mizoram

PESA does not apply to Sixth Schedule areas

Good to know

District Councils have legislative and executive powers

Autonomous Governance Model

The Sixth Schedule creates Autonomous District Councils with significant legislative and executive powers. Unlike Fifth Schedule's Governor-centric model, here tribal communities govern themselves through elected councils.

Sixth Schedule Coverage

State

Autonomous Districts

Key Tribes

Special Features

Assam

Karbi Anglong, Dima Hasao

Karbi, Dimasa

Largest autonomous districts

Meghalaya

Khasi Hills, Jaintia Hills, Garo Hills

Khasi, Jaintia, Garo

Traditional chiefs recognized

Tripura

Tripura Tribal Areas

Tripuri, Reang

Covers 70% of state area

Mizoram

Lai, Mara, Chakma

Lai, Mara, Chakma

Smallest councils

Autonomous District Council Powers

# District Council Powers
## Legislative
- Make laws on specified subjects
- Land and forest management
- Customary law
- Inheritance matters
## Executive
- Collect taxes
- Maintain law and order
- Development programmes
- Courts administration
## Financial
- Impose taxes
- Receive grants
- Budget preparation
- Fund allocation

Sixth Schedule Areas

10 Autonomous Districts across 4 Northeast states enjoy legislative autonomy under Sixth Schedule
10 Autonomous Districts across 4 Northeast states enjoy legislative autonomy under Sixth Schedule

Source: LotusArise — Autonomous District Councils (Sixth Schedule) - UPSC - UPSC Notes ... · lotusarise.com

Exam traps

Geographic confusion: Sixth Schedule = Northeast only; Fifth Schedule = mainland tribal areas

PESA trap: PESA never applies to Sixth Schedule areas — they have different governance

Authority mix-up: District Councils govern in Sixth Schedule, Governors in Fifth Schedule

Autonomy level: Sixth Schedule areas have higher autonomy than Fifth Schedule areas