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CS Professional · CSR and Social Governance · Local Self Governance

A state legislature in a Scheduled Area passes a Panchayat law vesting the power to approve village development plans solely in the Block Development Officer, with the Gram Sabha only consulted. Under the PESA framework, how should this law be assessed?

The law is inconsistent with PESA. State Panchayat laws in Scheduled Areas must empower the Gram Sabha to approve plans, programmes and projects for social and economic development before the Panchayat implements them. Mere consultation or later intimation does not satisfy that requirement.

  1. AValid, since the state has full discretion over Panchayat powers
  2. BValid, provided the Gram Sabha is informed afterwards
  3. CInconsistent, because the Gram Sabha must approve plans, programmes and projects for social and economic development before the Panchayat implements themCorrect
  4. DInconsistent only if the Governor has not signed it

Explanation

PESA requires state laws to be consistent with the customary law, social and religious practices and traditional management of community resources, and gives the Gram Sabha the power to approve plans and projects. Mere consultation or later information does not meet this requirement, so the law conflicts with PESA.

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