Jharkhand clears long-pending PESA rules for Scheduled Areas; BJP backs move, flags Fifth Schedule concerns

Ending years of delay, the Jharkhand Cabinet on Tuesday approved the rules for implementation of the Panchayats (Extension to the Scheduled Areas) Act (PESA), clearing the way for the law to become operational across 15 Scheduled districts of the state. The decision was taken at a Cabinet meeting chaired by Hemant Soren and formed part of 39 proposals cleared by the Council of Ministers.

The approval of the Panchayat Provisions (Extension to Scheduled Areas) Jharkhand Rules, 2025, is being seen as a significant step towards strengthening grassroots self-governance in tribal regions. Once formally notified, the rules vest Gram Sabhas with statutory authority over key matters, including land acquisition, minor mineral resources, forest land use and local development planning.

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The Chief Minister said the rules were framed after detailed consultations with various departments and stakeholders. He underlined that the objective was to ensure that PESA does not remain symbolic but functions as a practical instrument of self-rule in Scheduled Areas, with decision-making anchored at the village level.

According to officials, the rules mandate the participation of Gram Sabhas in the planning and implementation of development schemes within their jurisdictions. Consent of the Gram Sabha will be required for land acquisition and mining-related activities, while traditional village institutions and customary practices have been accorded legal recognition. Gram Sabhas will also be empowered to notify their customary systems, bringing long-standing tribal governance practices within a formal legal framework.

The Cabinet decision also addresses concerns raised by the Jharkhand High Court, which had earlier restrained the state government from proceeding with auctions of minor mineral mines in Scheduled Areas until PESA rules were framed and notified. The court had made it clear that statutory compliance was a prerequisite for any such allocations. The matter is next listed for hearing on January 13, 2026, when the government is expected to apprise the court of the progress made.

Reacting to the Cabinet decision, BJP state president and Leader of the Opposition Babulal Marandi welcomed the approval of the PESA rules, terming it the outcome of the party’s sustained struggle from the streets to the Assembly. He said the BJP and the NDA had consistently raised the demand for framing the rules and pressed the government at every level to act.

Marandi said the party expected the notified rules to be firmly rooted in traditional tribal customs and governance practices, as envisaged under the Constitution. However, he cautioned that if the rules were found to be even marginally inconsistent with the spirit of the Fifth Schedule, the BJP would oppose them. He added that the party would also draw the attention of the Governor to ensure that the law, before coming into force, fully protects traditional systems and constitutional intent.

PESA was enacted by Parliament in 1996 to extend the provisions of Part IX of the Constitution to Scheduled Areas, recognising that conventional Panchayati Raj laws did not adequately reflect the social structure, traditions and community-based resource management systems of tribal societies. The law places the Gram Sabha at the centre of governance, envisaging development decisions that flow from the village upwards rather than being imposed from above.

While several other states with Scheduled Areas have used PESA provisions to strengthen community control over resources and local decision-making, Jharkhand’s lack of notified rules had stalled its effective implementation for years. With Cabinet approval now in place, the focus will shift to timely notification and enforcement, a phase that will determine whether PESA delivers real empowerment to Gram Sabhas or remains confined to the statute book.