Correct Option
The correct option is 2 and 3 only.
Explanation
The Constitution (73rd Amendment) Act, 1992, established the Panchayati Raj system in India. However, Article 243M of the Constitution exempted certain areas, including the Scheduled Areas referred to in Clause (1) of Article 244 (Fifth Schedule Areas), from the application of this Act. To extend the provisions of Part IX of the Constitution to these areas, Parliament enacted the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996, commonly known as the PESA Act.
Statement-wise Analysis
- Statement 1 is Incorrect. The provisions of the 73rd Amendment were not automatically applied to Adivasi (Scheduled) areas in 1993. Article 243M specifically excluded Scheduled Areas and Tribal Areas from the purview of the 73rd Amendment. It was only in 1996, through the enactment of the PESA Act, that these provisions were extended to the Scheduled Areas with specific modifications and exceptions.
- Statement 2 is Correct. A primary objective of the PESA Act is to ensure that State legislation on Panchayats in Scheduled Areas is in consonance with the customary law, social and religious practices, and traditional management practices of community resources. The Act explicitly recognizes the right of tribal communities to manage their own affairs according to their traditions.
- Statement 3 is Correct. The PESA Act empowers the Gram Sabha significantly. It mandates that the Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the acquisition of land in the Scheduled Areas for development projects. Furthermore, the prior recommendation of the Gram Sabha or the Panchayats at the appropriate level is mandatory for the grant of prospecting licenses or mining leases for minor minerals. Thus, elected village panchayats must obtain the consent or recommendation of the Gram Sabha for many critical decisions.
Key Takeaway
Key Takeaway: The PESA Act, 1996, was enacted to extend the 73rd Amendment to Fifth Schedule Areas, granting the Gram Sabha supreme power to safeguard tribal customs, cultural identity, and community resources, ensuring participatory democracy rather than just representative democracy.