Cabinet clears PESA rules under HC lens

Under sustained scrutiny from the Jharkhand High Court, the Jharkhand Cabinet on Tuesday approved the long-pending Panchayat (Extension to Scheduled Areas) Jharkhand Rules, 2025, a crucial step toward operationalising tribal self-governance in the state's Scheduled Areas.

- Mail News Service

The decision comes amid ongoing court proceedings over the state's failure to implement the Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA).

The High Court has already stayed auctions of sand ghats in Scheduled Areas, warning the government against taking mineral-related decisions without enforceable PESA rules and flagging the possibility of contempt action.

The Cabinet meeting was chaired by Chief Minister Hemant Soren, whose government had repeatedly informed the court that the rules were in their final stages.

Judicial Pressure and Tribal Rights

During recent hearings, the High Court underscored that Gram Sabhas in Scheduled Areas cannot be bypassed in decisions involving natural resources.

In the absence of notified PESA rules, the court held that auctions of sand ghats lack legal validity, directly linking mineral governance to the constitutional mandate of tribal self-rule.