Jharkhand PESA Rules Face Tribal Backlash, Legal Challenge Imminent

The newly approved PESA (Panchayat Extension to Scheduled Areas) Rules by the Jharkhand government have triggered strong opposition from tribal intellectuals, who have termed the rules unconstitutional and contrary to the spirit of the central PESA Act of 1996. The Adivasi Buddhijivi Manch has announced that it will challenge the rules in the Jharkhand High Court once they are officially notified in the gazette.

Addressing the media, Victor Malto, National Convener of the Adivasi Buddhijivi Manch, stated that the state government has once again attempted to impose the conventional three-tier Panchayati Raj system in Scheduled Areas—an approach that Parliament had explicitly rejected while enacting the PESA Act in 1996. He asserted that the newly framed rules violate both the letter and spirit of the central legislation.

Ignoring Parliamentary Mandate

According to the Manch, the Jharkhand government was constitutionally bound to frame PESA rules strictly in accordance with the provisions of the PESA Act, 1996. Instead, it allegedly relied on the Jharkhand Panchayat Raj Act, 2001, which is not applicable to Scheduled Areas in its existing form. “This amounts to undermining a special law enacted by Parliament to protect tribal self-governance,” Malto said.

High Court Order Cited

Malto also referred to a previous Jharkhand High Court order in WP (PIL) No. 1589/2021, in which the court clearly observed in Paragraph 12 that the Jharkhand Panchayat Raj Act, 2001, cannot be treated as being in conformity with the PESA Act, 1996. Despite this judicial clarity, the state government allegedly used the same framework while drafting the new PESA Rules.

Violation of Key Provisions of PESA Act

The Adivasi Buddhijivi Manch contends that the current rules are in direct conflict with Sections 3 and 4(m) of the PESA Act, 1996. These sections vest Gram Sabhas and Panchayats at appropriate levels with seven critical powers, including control over natural resources, social sectors, and development planning. The Manch alleges that these powers have been substantially diluted in the newly approved rules.

Legal Battle Ahead

Malto made it clear that the organization would move the Jharkhand High Court as soon as the rules are notified. He emphasized that the struggle is not merely legal but also constitutional and democratic, aimed at safeguarding tribal autonomy and self-rule as envisioned under the Fifth Schedule of the Constitution.

Long-Standing Discontent

Notably, the Manch had earlier filed a contempt petition in the Jharkhand High Court over the state’s prolonged failure—nearly 29 years—to effectively implement the PESA Act. While the announcement of rules raised expectations among tribal communities, the present controversy has reignited widespread anger and distrust among Adivasi organizations.

Tribal leaders argue that instead of empowering Gram Sabhas, the new rules risk centralizing authority and eroding constitutionally guaranteed rights. As the matter heads towards judicial scrutiny, the PESA implementation in Jharkhand is once again set to become a critical test of tribal rights and federal accountability.