SUMAN K SHRIVASTAVA
Ranchi, December 27: The story of the PESA Rules in Jharkhand is not merely a legal episode. It is a long and uneasy journey of constitutional promises deferred, of tribal self-governance delayed, and of a State compelled—finally—by sustained judicial insistence to act.
The Panchayats (Extension to Scheduled Areas) Act, 1996—popularly known as the PESA Act—was enacted by Parliament to give real meaning to the 73rd Constitutional Amendment in Scheduled Areas. That amendment itself was the culmination of a larger democratic vision articulated in the late 1980s, when Rajiv Gandhi argued that Indian democracy would remain incomplete unless power genuinely reached the village.
PESA carried that vision further. Its core idea was simple yet transformative: Gram Sabhas must be the foundation of governance in tribal areas. Decisions relating to land, forests, minerals, development, and natural resources were meant to flow upward from the village—not downward from distant offices.
Jharkhand: A State Born for Self-Governance
When Jharkhand was carved out on November 15 2000, it was widely seen as the fulfilment of a historic tribal aspiration. With 13 Scheduled Area districts and a large tribal population, Jharkhand should have become the natural home of PESA.
These districts are regions where land is not merely property, forests are not merely resources, and villages are not merely administrative units. They are living cultural spaces, sustained by collective decision-making through Gram Sabhas. For such a State, PESA was not optional—it was foundational.
Yet the promise remained unfulfilled.
Governance Without Gram Sabhas
The Jharkhand Panchayat Raj Act, 2001, was enacted. Panchayat elections were conducted. Governance structures were put in place. Mining leases were granted. Sand ghats were auctioned. Development schemes were rolled out.
But the Gram Sabha—the constitutional cornerstone—remained marginalised.
Without specific Rules to operationalise PESA, the Act existed largely on paper. Decisions affecting land and resources in Scheduled Areas were taken without meaningful village consent. The communities most affected by extraction and development had the least say.
Draft Rules That Never Became Law
By 2019, a draft set of PESA Rules had been prepared. Departmental approvals were obtained. Legislative committees took note. The Union Government issued reminders.
Yet the Rules never crossed the final threshold of notification.
Years passed, and constitutional silence continued.
Citizens Knock on the Court’s Door
It was against this backdrop that Public Interest Litigations were filed in 2021 before the Jharkhand High Court. Filed pro bono publico by citizens, activists, and tribal organisations, the petitions asked a basic constitutional question:
How can a mandate survive without implementation?
The Court listened.
The High Court Asks the Hard Questions
In February 2022, the Jharkhand High Court began asking uncomfortable but necessary questions. Why had the Rules not been framed despite a draft existing since 2019? How could other statutes substitute a law meant specifically to empower Gram Sabhas? Why were sand ghats and minor minerals auctioned without Gram Sabha consent?
These questions went to the heart of governance in Scheduled Areas.
Hearings continued. Objections were invited. Representations were filed. In November 2023, objections to the draft Rules were rejected—but even then, the final notification did not come.
The 2024 Judgment That Changed the Course
The turning point in this long saga came with the judgment on July 29 2024. In a landmark decision, the Jharkhand High Court, sitting as a Bench comprising Justice Sujit Narayan Prasad (then Acting Chief Justice) and Justice Arun Kumar Rai, issued a mandamus directing the State Government to frame and notify the Rules under the Panchayats (Extension to Scheduled Areas) Act, 1996, within two months.
The judgment went beyond procedural directions. The Court undertook a detailed constitutional examination, tracing the 73rd Constitutional Amendment to its core purpose of democratic decentralisation and grassroots self-governance. It reaffirmed that the Gram Sabha is the cornerstone of the Panchayati Raj system, particularly in Scheduled Areas, where governance must be rooted in community consent rather than administrative convenience.
Writing for the Bench, Justice Sujit Narayan Prasad noted that PESA was enacted to safeguard the distinct social, cultural, and land rights of tribal communities, and that these protections could not be diluted through prolonged executive inaction. The Court recorded that although a draft of the PESA Rules had existed since 2019, and objections had already been invited and disposed of, the State had still failed to notify the Rules for years.
Such a delay, the Court held, defeated the constitutional mandate and rendered the PESA Act ineffective in practice.
While acknowledging the settled principle that courts cannot compel legislation, the Bench made it clear that failure to operationalise a constitutional statute through subordinate legislation cannot be allowed to continue indefinitely. Governance in Scheduled Areas without empowered Gram Sabhas, the judgment observed, violates both the spirit and the letter of the Constitution.
Importantly, the Court also addressed natural resource governance. It categorically held that decisions relating to sand ghats, minor minerals, land use, and development schemes cannot bypass Gram Sabha consent, and cautioned that continued delay in framing the Rules would inevitably invite further judicial scrutiny.
From Judgment to Contempt
Even after the 2024 judgment, implementation did not follow.
Months passed. The Rules remained unnotified. What began as a writ petition transformed into a contempt petition, filed not to seek fresh relief but to enforce an existing judicial command.
By September 2025, the Court’s patience had worn thin.
Sand Ghat Auctions Halted
On September 9 2025, the Jharkhand High Court passed a decisive interim order: all auctions of sand ghats and minor mineral mines were suspended until the PESA Rules were formally notified.
The Bench made it clear that the State could not continue exploiting natural resources in Scheduled Areas while denying Gram Sabhas their constitutional role. Attempts by officials to shift responsibility were met with sharp judicial remarks. The Court noted that such a delay hollowed out the very spirit of the 73rd Amendment.
December 23: When the State Finally Acted
The pressure culminated on December 23, when the contempt matter was again heard. The Court fixed the next date on January 13, 2026, signalling continued oversight.
That very day, the State Cabinet approved the PESA Rules.
It was not a coincidence. It was a consequence.
Why This Moment Matters
Nearly 25 years after Jharkhand’s creation, and almost three decades after the PESA Act of 1996, the Rules finally crossed the last administrative barrier—under sustained judicial push.
For a State with 13 Scheduled Area districts, this moment carries deep significance. The PESA Rules have the potential to restore authority to Gram Sabhas over land, water, forests, and minerals, reaffirming that democracy does not end at the ballot—it begins in the village.
The journey to this point was slow, reluctant, and court-driven. But the lesson is unmistakable: constitutional promises endure, even when delayed.
The Constitution may be delayed, but it does not forget.
