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PESA Background

Article 243M of the Constitution, while exempting the Fifth Schedule areas from Part IX of the Constitution, provides that Parliament may by law extend its provisions to the Scheduled and Tribal Areas subject to such exceptions and modifications as may be specified in such law and no such law shall be deemed to be an amendment to the Constitution. On the basis of the report of the Bhuria Committee submitted in 1995, the Parliament enacted the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) to extend Part IX of the Constitution with certain modifications and exceptions to the Scheduled V areas. At present Scheduled V areas exist in 10 States viz. Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana. The Ministry of Panchayati Raj is the nodal Ministry for implementation of the provisions of PESA in the States.

PESA Act 1996


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