The Jharkhand government’s long-awaited move to notify rules for implementing the Panchayats (Extension to Scheduled Areas) Act (PESA) has triggered an unexpected storm, drawing sharp criticism from both the BJP and Adivasi organisations. What was projected by the Hemant Soren-led government as a landmark step toward empowering tribal self-governance has instead exposed deep political and social fault lines in the state.
Former chief minister and BJP MP Arjun Munda has emerged as one of the fiercest critics. Addressing a press conference, Munda described the newly notified rules as a “cold-blooded murder” of the original 1996 PESA Act. He accused the state government of diluting the authority of gram sabhas—the cornerstone of tribal self-rule—by weakening their decision-making powers and altering the spirit of customary governance recognised under the Act. According to Munda, states were authorised only to frame rules for implementation, not to reinterpret or undermine the core principles of PESA.
The BJP has further alleged that the rules, despite their length and detail, are “empty in spirit” and risk creating future conflicts by concentrating excessive control with the state administration, particularly in a Fifth Schedule state with a significant tribal population.
What has complicated matters further for the ruling Jharkhand Mukti Morcha (JMM) is the resistance from within the Adivasi community itself. Tribal organisations such as the Adivasi Bachao Morcha have opposed the rules, arguing that they strengthen state oversight instead of empowering traditional systems. Former minister and activist Geetashree Oraon has said the rules rely heavily on the Jharkhand Panchayati Raj Act, 2001, which could allow higher administrative bodies to override gram sabha decisions.
Adivasi groups also claim that the rules reduce gram sabhas to an advisory role, particularly on issues such as development projects and minor forest produce, where PESA grants them veto powers. They allege that traditional community leaders have been sidelined in favour of government-appointed officials, calling it an attack on tribal autonomy and culture.
The JMM has rejected both BJP and tribal criticisms as misleading and politically motivated. Party leaders argue the rules finally operationalise PESA, something previous governments failed to do, and insist they remain open to constructive feedback. Beyond political sparring, the controversy highlights Jharkhand’s enduring challenge: balancing constitutional governance with the preservation of tribal customs and self-rule.
