PESA Act OF 1996

 “Provisions of the Panchayats (Extension to the Scheduled Areas) Act”, 1996, or PESA Act or Extension Act.
 8.6% of the nation’s total population, over 104 million people according to the 2011 census.
 According to the 2011 Census of India, Bhil is the most populous tribe with a total population of 4,618,068, constituting 37.7 per cent of the total ST population.
 Gond is the second largest tribe, with a population of 4,357,918 constituting 35.6 per cent.
 Provisions of Part IX – Panchayats are not applicable to -> Fifth Schedule areas
 Parliament may extend these provisions to such areas
 At present (2018), ten states have Fifth Schedule Areas.
 Andhra Pradesh, Telangana, Chhatisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan. All the ten states have enacted requisite compliance legislations by amending the respective Panchayati Raj Acts

5th & 6th Schedules

 Article 244 in Part X of the Constitution envisages a special system of administration for scheduled areas and Tribal Areas“,
 Basic thrust of the Fifth and Sixth Schedule of the constitution is the protection of cultural distinctiveness of Tribal
 Provides protection to the tribals on account of their economic disadvantages
 Could maintain their tribal identity without any exploitation.
 Scheduled area has more than 50 percent tribal population- 5th schedule
6th Schedule- Constitution of India administration of the tribal areas in four states –
Assam, Meghalaya, Tripura Mizoram.
Technically different from the Scheduled Areas under 5th schedule.
6th Schedule- It has provisions for the formation of autonomous districts and autonomous regions within the districts as there are different schedule tribes within the district.
 The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura and Mizoram.
 The Sixth Schedule deals with the administration of the tribal areas in these four states.

Difference Between 5th Schedule and 6th Schedule Areas

 Executive powers of the union extend in Scheduled areas with respect to their administration in 5th schedule;
 The 6th schedule areas remain within executive authority of the state.
 While 5th schedule envisages creation of Tribal Advisory Council ,
 6th schedule provides for District Councils and Regional Councils with certain legislative and judicial powers.

Autonomous Districts and Autonomous Regions
Creation of autonomous district councils and regional councils
Members of autonomous councils
 Consisting of maximum 30 members- Maximum 4 members shall be nominated by the
Governor
 The rest shall be elected on the basis of adult suffrage.
Bodoland Territorial Council – 46 members

 

 

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Video Lecture by Veer Talyan : 

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