Congress Slams 'Task Forces' for PESA, FRA Implementation in MP & Chhattisgarh as Subverting Democratic Structure
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.
PESA (1996) is one of the most frequently tested Acts in UPSC Prelims relating to tribal governance.
●It extends Part IX of the Constitution (Panchayati Raj) to Fifth Schedule areas with modifications that protect tribal customs.
●The critical distinction is that under PESA, the Gram Sabha — not the Gram Panchayat — is the supreme body, with powers over natural resources, minor forest produce, land acquisition consent, and regulation of money-lending.
●FRA (2006) complements PESA by recognising individual and community forest rights.
●Any parallel administrative structure that bypasses the Gram Sabha directly violates the spirit of both laws.
●States must ensure their PESA rules do not dilute Gram Sabha powers — a point the Supreme Court has also emphasised.
●Odisha's potential adoption of a similar task force model makes this a multi-state governance concern worth tracking.
The Gram Sabha under PESA is constitutionally supreme in Fifth Schedule areas — any parallel body usurping its role is legally and democratically suspect.
◎ In Simple Words
Imagine your school has a special student council that is supposed to make all the important decisions for your class. Now imagine the principal secretly sets up a separate group of his own friends to actually run things, making the student council useless. That is what Congress is saying is happening with tribal communities in Madhya Pradesh and Chhattisgarh. Two important laws — PESA and FRA — give tribal villages the power to make their own decisions about forests and land. Congress claims the state governments have created 'task forces' that hand this power to outside groups, taking it away from the tribal village councils called Gram Sabhas.
Factual Pointers
Practice · 1 question
Under the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), which body is vested with the highest decision-making authority in Scheduled Areas?
Polity: Schedules & Special Provisions
This sub-topic has appeared in 3 UPSC Prelims questions.