India, the country’s unique feature is the diverse culture among its people. In particular it is one of the nations with hundreds of ethnic groups and tribal communities. These communities play a vital role in upholding the
country’s cultural heritage and occupying a major part of Indian history. In the process of understanding the historical aspects of such tribal groups, the Government of India has made various Constitutional provisions and other welfare programmes for their upliftment. The 73rd Constitutional amendment Act, 1992 enshrines
the provision of local self-governance by the creation of Panchayati Raj Institutions (PRIs).
This framework was applicable throughout the country except the ten states mentioned under Part IX of the Constitution of India. These ten states are namely Andhra Pradesh, Telengana, Himachal Pradesh, Chhattisgarh, Gujarat, Madhya Pradesh, Jharkhand, Maharashtra, Odisha and Rajasthan2. Thus, the Government of India enacted the Panchayat (Extension to the Scheduled Areas) Act in the year 1996 to cover the local governance in the above mentioned Scheduled areas or Scheduled States with respect to the tribal communities. From then, the Government of India has been trying to amend certain legislations which are in conflict with this Act. The State Governments of certain states have also been trying to submit their opinion on the fact that the Act is not in lines with their state’s subject laws. Therefore, the need of the hour is to implement this Act by analyzing the
provisions and the conflicting issues.
Implementation And Working Of PESA : Issues And Challenges
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