Consider the following statements regarding the PESA Act, 1996 : I. Gram Sabhas have the power to declare Scheduled Areas. II. Gram Sabhas have the powers related to the management of community resources. III. The PESA applies to all States except areas under the Fifth Schedule. Which of the statements given above is/are not correct ?
- A.I and II
- B.II and III
- C.I and III
- D.II only
Correct answer
Explanation
The correct answer is C, I and III. Both statements are wrong: Gram Sabhas cannot declare Scheduled Areas, and PESA applies to the Fifth Schedule areas rather than leaving them out.
The Panchayats (Extension to the Scheduled Areas) Act, 1996 extends Part IX of the Constitution, on panchayats, to the Fifth Schedule areas with special changes. It applies to the Scheduled Areas of ten states: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana. It gives Gram Sabhas power over minor forest produce, minor minerals, village markets, land alienation and community resources, so statement II is correct. Under paragraph 6 of the Fifth Schedule, only the President declares an area to be a Scheduled Area.
A is wrong because it includes statement II, which is correct. B is wrong for the same reason: statement II is correct. D is wrong because statement II is the one correct statement, so it cannot be the answer to a "not correct" question.
Exam tip: PESA 1996: Fifth Schedule areas of ten states; Scheduled Areas are declared by the President, not the Gram Sabha.
Practice Questions
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Show answer
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