UPSC IAS - 2012

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?

Year Asked: 2012

A
1 only
B
1 and 2 only
C
2 and 3 only
D
1, 2 and 3

Correct Answer

B. 1 and 2 only

Detailed Explanation

The answer is B (1 and 2 only). The Gram Sabha powers under PESA are in Section 4, and the key clause here is 4(m).

  • Statement 1 is correct. Section 4(m)(i) empowers the Gram Sabha to prevent alienation of land in Scheduled Areas and to take action to restore unlawfully alienated land.
  • Statement 2 is correct. Section 4(m)(ii) gives the Gram Sabha ownership of minor forest produce.
  • Statement 3 is wrong. PESA requires prior recommendation of the Gram Sabha for prospecting licences or mining leases for minor minerals (Section 4(k)), not for "any mineral". Major minerals were governed by the MMDR Act, 1957, and the requirement of Gram Sabha consultation for them came later through the 2015 MMDR amendment, which is a changed position since the exam year.

The core concept is self-governance in Fifth Schedule areas, with tribal communities given control over land, forests and resources. This links to Mains GS-II on the Fifth Schedule and to GS-III on mining and displacement, where the Niyamgiri and Orissa Mining Corporation cases are useful examples.

Trap: Aspirants often accept "any mineral" because it sounds broad. Check whether the statute says minor or major minerals before you mark it correct.

This question appeared in UPSC Prelims 2012 GS Paper-1.

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