IMPLEMENTATION OF PESA ACT IN CHHATTISGARH: CHALLENGES IN DECENTRALIZED GOVERNANCE IN SCHEDULED AREAS

The enactment of the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) marked a watershed moment in Indias constitutional history,promising a radical shift from representative democracy to participatory democracy for the tribal populations of the Fifth Schedule areas. Envisaged as a Constitution within the Constitution, PESA sought to institutionalize the traditional Gram Sabha(village assembly)as the supreme decision making body regarding local resources,customs, and dispute resolution. This research paper provides an exhaustive, critical analysis of the implementation of PESA in the state of Chhattisgarh, a region where 30.6% of the population belongs to Scheduled Tribes and which holds vast mineral reserves. For twenty-six years following the central enactment,Chhattisgarh operated without specific state rules, creating a legislative vacuum that facilitated the centralized appropriation of tribal lands for mining and industrialization.The notification of the Chhattisgarh Panchayat Provisions(Extension to the Scheduled Areas) Rules, 2022 was heralded as a milestone for tribal self rule;however,this report argues that the substantive provisions of these Rules frequently dilute the statutory intent of the Central Act.