“How Much Authority Does the Gram Sabha Hold?” — High Court Poses a Major Question to the Government Regarding PESA Rules
Ranchi: During the hearing of a Public Interest Litigation (PIL) filed in the Jharkhand High Court concerning the PESA Rules, the court posed several significant questions to the State Government. A division bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar directed the government to file a detailed and clear response addressing all the points raised by the petitioners. The next hearing in the matter is scheduled for the last week of June.
This PIL has been filed on behalf of Raymul Bandra and others. The petitioners allege that the State Government has introduced amendments to the PESA Rules that have effectively curtailed the powers of the Gram Sabhas (Village Assemblies). They contend that the fundamental objective of the PESA Act was to grant the right to local self-governance to tribal and indigenous communities; however, the current rules are not functioning in consonance with that spirit.
During the hearing, the High Court asked the government whether the amendments introduced in the rules align with the core spirit of the Constitution and the PESA Act. The court also sought to know what concrete steps the government has taken thus far to vest actual authority in the Gram Sabhas.
The petition further asserts that certain provisions have been incorporated with the specific intent of maintaining administrative control, thereby undermining the powers of the Gram Sabha. With regard to this matter, social organizations and tribal groups are now keenly awaiting the High Court's next hearing.
