UPSC Prelims 2012 Q1: Indian Polity – Local Government & Panchayati Raj
In the areas covered under the Panchayat (Extension to the Scheduled Areas) Act, 1996, what
is the role/power of Gram Sabha?
1. Gram Sabha has the power to prevent alienation of land in the Scheduled Areas.
2. Gram Sabha has the ownership of minor forest produce.
3. Recommendation of Gram Sabha is required for granting prospecting licence or mining lease
for any mineral in the Scheduled Areas.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 1 and 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer: (b) 1 and 2 only
Explanation
Powers of the Gram Sabha under PESA, 1996
| Statement | Verdict | Fact |
|---|---|---|
| 1. Gram Sabha has the power to prevent alienation of land in the Scheduled Areas | Correct | It can also restore land wrongly taken from tribals |
| 2. Gram Sabha has the ownership of minor forest produce | Correct | Items such as tendu leaves, bamboo, honey and lac |
| 3. Recommendation of Gram Sabha is required for granting prospecting licence or mining lease for any mineral | Incorrect | Its recommendation is needed only for minor minerals, not for any mineral |
Other powers of the Gram Sabha under PESA:
| Power | Detail |
|---|---|
| Land acquisition | Must be consulted before land is acquired |
| Social controls | Over money-lending, sale of liquor and village markets |
| Plans | Approves plans and identifies beneficiaries |
| Minor water bodies | Planning and management |
Answer: (b) 1 and 2 only.
Why each option is right or wrong
- (a) Incorrect. Statement 2 is also true: it owns minor forest produce.
- (b) CORRECT. It can prevent land alienation and owns minor forest produce.
- (c) Incorrect. Statement 3 is false; the rule covers minor minerals only.
- (d) Incorrect. Statement 3 is false because of the words 'any mineral'.
Key point
PESA Gram Sabha: prevents land alienation, owns minor forest produce, must recommend leases for minor minerals only, controls money-lending and liquor.
Remember
PESA: land, minor forest produce, minor minerals.
Common mistakes
- Missing the trap 'any mineral'; PESA speaks of minor minerals.
- Confusing consultation (land acquisition) with recommendation (minor minerals).
- Forgetting that PESA applies to Fifth Schedule areas only.
Exam tip
'Minor' is the key word in PESA: minor forest produce, minor minerals, minor water bodies.
Sources
- Panchayats (Extension to Scheduled Areas) Act, 1996 — Section 4
- Ministry of Panchayati Raj — PESA