The state of power sharing
The Committee of Select Members of Parliament and Experts (popularly known as the Bhuria Committee) was constituted in June 1994 to make recommendations for the application of the panchayati raj Act to constitution's Fifth Scheduled areas. The recommendations were far reaching and gave absolute power to the gram sabha over resources and its management.
On December 24, 1996, parliament through the Provisions of the panchayats (Extension to the Scheduled Areas) Act (PESA) accepted the recommendations. The state governments with scheduled areas adopted the act with immediate effect. But their real implementation has not been effective; gram sabha has not been given the wide-ranging power.
WHAT THE PESA SAYS:
Natural resources (including forest produce, water sources and minor minerals) to be managed and owned by the gram sabha.
• Each village to have a gram sabha. Its decision is binding on the panchayat.
• Any legislation on the panchayats for the tribal areas shall be in consonance with the customary law, social and religious practices and traditional practices of management of community resources.
• A village has been defined as a habitation, a group of habitations, a hamlet or a group of hamlets of a community that are found managing their affairs according to traditions and customs. Since tribal settlements are scattered, each unit can be declared a village.
WHAT THE STATES HAVE DONE:
andhra pradesh: It has not empowered the gram sabha as in the Act. The intermediate panchayat is made more powerful.
gujarat: The power to grant prospecting license or mining lease for minor minerals by auction has not been given. The intermediate panchayat has been made the hub of panchayati raj.
himachal pradesh: Gram sabha has been given the power as prescribed in the act.
madhya pradesh: Gram sabha has been given power and the state has made it the centre of village development.
maharashtra: Has given power to the gram panchayat.
orissa: The gram sabha has not been given all the powers stipulated by the 1996 act. The planning and management of minor water bodies and acquisition of land and license for mining lease for minor minerals have been entrusted to the zilla parishad.
rajasthan: Gram sabha has not been made the nodal body.
Related Content
- Empowering urban energy transitions: smart cities and smart grids
- Carbon Credit Trading Scheme, 2023
- Punjab and Haryana directed by SC to file reports on steps to resolve Ghaggar flooding, 15/11/2022
- Regional trends report 2022- toward sustainable energy connectivity in Asia and the Pacific: status, trends, and opportunities
- Waiting for Godot? A review report on environmental norms for thermal power plants in India
- Living customary water tenure in rights-based water management in Sub-Saharan Africa