Local Self-Government

Panchayati Raj and PESA Act in Chhattisgarh

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Overview

Local self-government is a cornerstone topic in CG TET Social Studies, connecting constitutional provisions with grassroots democracy. The 73rd Constitutional Amendment (1992) established a uniform three-tier Panchayati Raj system across India, while the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) extended special provisions to tribal regions—highly relevant for Chhattisgarh, where nearly one-third of the population is tribal.

For the exam, you must know the structure, functions and constitutional articles related to Panchayati Raj, along with PESA's special powers for Gram Sabhas in Scheduled Areas. Chhattisgarh-specific details—such as the three-tier nomenclature, reservation policies and the role of traditional tribal governance—are frequently tested. Mastering this topic also helps in understanding democratic decentralisation and inclusive governance.

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Key Concepts

• **Democratic Decentralisation**: Transfer of power from central/state governments to locally elected bodies, ensuring people's participation in governance at the grassroots level.

• **Constitutional Basis**: Part IX of the Constitution (Articles 243 to 243-O) governs Panchayats. The 73rd Amendment Act, 1992, gave constitutional status to Panchayati Raj institutions.

• **Three-Tier Structure in Chhattisgarh**:
• Village level — Gram Panchayat
• Block/Intermediate level — Janpad Panchayat
• District level — Zila Panchayat

• **Gram Sabha**: The foundation of Panchayati Raj; consists of all registered voters in a village. It approves plans, identifies beneficiaries and ensures accountability.

• **Eleventh Schedule**: Lists 29 subjects (agriculture, health, education, water supply, etc.) on which Panchayats may legislate and execute programmes.

• **PESA Act, 1996**: Extends Panchayati Raj to Fifth Schedule Areas (tribal areas) with special powers to Gram Sabhas over land, forest, minor minerals and dispute resolution.

• **State Election Commission**: Conducts Panchayat elections in Chhattisgarh; ensures free and fair polls at all three tiers.

• **State Finance Commission**: Recommends distribution of financial resources between the State and Panchayats; constituted every five years.

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Formulas / Key Facts

| Aspect | Key Fact | |--------|----------| | Constitutional Amendment | 73rd Amendment Act, 1992 (effective 24 April 1993) | | Part and Articles | Part IX; Articles 243 to 243-O | | Schedule for Subjects | Eleventh Schedule — 29 subjects | | Tenure | 5 years for all three tiers | | Minimum Age to Contest | 21 years | | Reservation for SC/ST | In proportion to their population in the Panchayat area | | Reservation for Women | Not less than one-third of total seats (Chhattisgarh provides 50%) | | PESA Enactment | 1996; extends Part IX to Fifth Schedule Areas | | Fifth Schedule Areas in CG | Parts of Bastar, Surguja, Jashpur, Korba, Raigarh and other tribal districts | | Chhattisgarh Panchayat Act | Chhattisgarh Panchayat Raj Adhiniyam, 1993 (adopted from MP; amended post-statehood) |

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Worked Examples

### Example 1: Identifying the Correct Tier

**Question**: Rampur village wants to construct a primary school. Which Panchayat body will pass the initial resolution?

**Solution**: 1. Construction of a primary school is a village-level development matter. 2. The Gram Sabha discusses and approves the proposal first. 3. The Gram Panchayat then prepares the plan and submits it to higher tiers for funding. 4. **Answer**: Gram Sabha (approval) → Gram Panchayat (execution).

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### Example 2: Application of PESA

**Question**: A mining company wants to extract minor minerals from a village in Bastar district. Under PESA, whose consent is mandatory?

**Solution**: 1. Bastar is a Fifth Schedule (tribal) Area. 2. PESA grants Gram Sabha the power to approve or reject plans for minor mineral extraction. 3. Without Gram Sabha's prior consent, extraction cannot proceed. 4. **Answer**: Gram Sabha's consent is mandatory.

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### Example 3: Reservation Calculation

**Question**: A Zila Panchayat has 30 seats. SC population is 12% and ST population is 32%. How many seats are reserved for SC and ST?

**Solution**: 1. SC seats = 12% of 30 = 3.6 ≈ 4 seats (rounded). 2. ST seats = 32% of 30 = 9.6 ≈ 10 seats. 3. One-third of these reserved seats must further be reserved for women. 4. **Answer**: Approximately 4 seats for SC, 10 seats for ST (exact numbers fixed by delimitation).

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Common Mistakes

| Wrong Thinking | Correct Fix | |----------------|-------------| | Confusing Gram Sabha with Gram Panchayat | Gram Sabha = all voters (general body); Gram Panchayat = elected executive body of the village. | | Believing Panchayats can levy any tax freely | Panchayats can only levy taxes authorised by State Legislature (Article 243-H). | | Assuming PESA applies to all tribal populations | PESA applies only to Fifth Schedule Areas, not to all areas where tribals live. | | Thinking 73rd Amendment created Panchayats | Panchayats existed earlier; the 73rd Amendment gave them constitutional status and uniformity. | | Mixing Eleventh Schedule with Seventh Schedule | Eleventh Schedule = 29 Panchayat subjects; Seventh Schedule = Union/State/Concurrent Lists. |

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Quick Reference

• **73rd Amendment (1992)** → Part IX → Articles 243–243-O → Eleventh Schedule (29 subjects).
• **Three tiers in Chhattisgarh**: Gram Panchayat → Janpad Panchayat → Zila Panchayat.
• **Gram Sabha** = all voters; supreme body at village level; approves beneficiaries and plans.
• **PESA (1996)** = special powers to Gram Sabha in Fifth Schedule (tribal) Areas for land, forest, minor minerals.
• **Reservations**: SC/ST in proportion to population; Women ≥ 33% (Chhattisgarh gives 50%).
• **Tenure = 5 years**; elections conducted by State Election Commission; finance reviewed by State Finance Commission.