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3 Jun 2026Polity & Governance3 questions

Congress Slams 'Task Forces' for PESA, FRA Implementation in MP & Chhattisgarh as Subverting Democratic Structure

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Article summary

The Congress party has alleged that the BJP-ruled governments of Madhya Pradesh and Chhattisgarh have constituted extra-constitutional 'task forces' to oversee the implementation of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) and the Forest Rights Act, 2006 (FRA), ostensibly institutionalising the role of RSS-affiliated bodies in these processes. Congress contends that such task forces bypass the constitutionally mandated Gram Sabha — the cornerstone of both PESA and FRA — thereby subverting the democratic and participatory framework these laws were designed to uphold. PESA was enacted to extend self-governance to tribal communities in Fifth Schedule areas, while FRA recognises the forest rights of Scheduled Tribes and other traditional forest dwellers. Odisha is reportedly being positioned as the third state to adopt a similar model, raising concerns about a broader pattern. For UPSC aspirants, this controversy highlights the tension between executive administrative structures and constitutionally protected tribal self-governance mechanisms under the Fifth Schedule.

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analysisTests whether you can reason across multiple related facts.
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Sample questions — answers revealed after test

Polity & GovernanceRecallEasy

Q1. The Panchayats (Extension to Scheduled Areas) Act, 1996 — commonly known as PESA — extends which Part of the Constitution to Fifth Schedule areas, and designates which body as supreme in local governance?

APart IX; the Gram Sabha is designated as the supreme body over natural resources, minor forest produce, and land acquisition consent
BPart IX-A; the Gram Panchayat is designated as the supreme body with the Gram Sabha playing only an advisory role
CPart IX; the District Collector retains primacy, with the Gram Sabha functioning in a consultative capacity
DPart X; the Gram Sabha is designated as supreme, but only over minor forest produce, not land acquisition
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Polity & GovernanceApplicationMedium

Q2. A state government with a large Fifth Schedule area constitutes a 'Implementation Coordination Task Force' consisting of district officials, representatives of a registered non-governmental organisation, and subject matter experts appointed by the state cabinet. This task force is empowered to verify community forest rights claims and recommend approval or rejection, bypassing the Gram Sabha verification process mandated under the Forest Rights Act, 2006. Which of the following best describes the legal status of this arrangement?

AThe arrangement is ultra vires the Forest Rights Act, 2006, because that Act vests the power of verification and recognition of forest rights specifically in the Gram Sabha, and administrative fiat cannot substitute for this statutory requirement
BThe arrangement is constitutionally valid because the Governor of a Fifth Schedule state has plenary powers under the Fifth Schedule to modify or abrogate any central law, including the Forest Rights Act, in the interest of tribal welfare
CThe arrangement is legally permissible provided the NGO representatives on the task force are from organisations formally recognised under the Societies Registration Act, 1860, which grants them a quasi-governmental status in tribal areas
DThe arrangement is valid under the principle of executive necessity — since Gram Sabhas in remote areas are difficult to convene, the state may delegate verification powers to a competent administrative body
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Polity & GovernanceAnalysisHard

Q3. Consider the following statements regarding PESA, 1996 and the Forest Rights Act, 2006, in the context of governance in Fifth Schedule areas: 1. Under PESA, state legislatures may enact laws for Scheduled Areas that are inconsistent with tribal customary law, provided the Governor of the state gives prior assent. 2. The Forest Rights Act, 2006 recognises both individual forest rights (IFRs) and community forest rights (CFRs), with the Gram Sabha as the body responsible for initiating and verifying claims for both categories. 3. The Supreme Court in the Samatha v. State of Andhra Pradesh judgment held that land in Scheduled Areas cannot be leased to non-tribals or private companies, even by the state government. 4. PESA mandates that any acquisition of land in Scheduled Areas must receive the prior recommendation of the Gram Sabha, making the Gram Sabha's role in land acquisition mandatory and non-substitutable. Which of the statements given above are correct?

A1 and 3 only
B2, 3 and 4 only
C1, 2 and 4 only
D2 and 4 only
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