THE FIFTH SCHEDULE AND GRASSROOTS DEMOCRACY: A CRITICAL STUDY OF TRIBAL SELF-GOVERNANCE IN JHARKHAND

Abstract

A Government run by the local people who are concerned with the local issues where all the local people can participate in all the concerns and the functions of the government. The local self-governing institutions in India have attained prominence in formulating decentralised planning following enactment of the 73rd and 74^th Constitutional (Amendment) Act, 1992 which are placed in Part IX and IXA of the Constitution respectively. The Act provides ample scope to the local governments for developing and implementing local plans in India. In order to protect the interests of the scheduled tribes, the provisions of fifth and sixth schedules are enshrined in the Indian Constitution under article 244. Article 243M of the Constitution, while exempting the fifth schedule areas from Part IX of the Constitution, provides that Parliament may by law extend its provisions to the scheduled and tribal areas subject to such exceptions and modifications as may be specified in such law and no such law shall be deemed to be an amendment to the Constitution. The fifth schedule areas now have the PESA Act 1996 which focuses on developing the Gram Sabha. The PESA Act is a significant step towards promoting participatory planning in scheduled areas in India. This paper envisages knowing whether the fifth schedule provisions are being applied in scheduled areas in letter and spirit. Because, many areas in tribal central states of India are trying to experiment with the PRI system adapted to local needs. It presents an overview of continuities and changes of the local self-governing institution existing in the form of Munda-Manki, Manjhi-Pargnait, Pahra-Raja etc., system in scheduled areas of Jharkhand. It also reveals that structural impediments and functional incapacity of the local governments in the scheduled areas have hampered the spirit of such institutions with regard to the planning and implementation of the development programmes.