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The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) extends Panchayati Raj to Fifth Schedule areas with modifications to protect tribal self-governance, but implementation gaps persist due to State-level resistance and capacity constraints.
- True
- False
Answer: True
PESA federal-tribal interface: (a) Constitutional basis: Fifth Schedule (Article 244(1)) for tribal areas in States except Northeast; PESA Act, 1996 operationalizes self-governance, (b) Key provisions: (i) Gram Sabha as primary unit with powers over land, resources, customs, (ii) Consultation with Gram Sabha for land acquisition, mining leases, (iii) Protection of tribal customs, community resources, traditional management, (c) Implementation challenges: (i) State laws diluting PESA provisions, (ii) Bureaucratic resistance to devolving powers, (iii) Capacity gaps in tribal communities for effective governance, (iv) Conflicts with forest/environment laws (FRA, Forest Conservation Act), (d) Federal dimension: States responsible for implementation; Union monitors through Ministry of Tribal Affairs. Illustrates asymmetric federalism: special arrangements for tribal autonomy within constitutional framework; effectiveness depends on political will, capacity building, and respect for tribal agency.