The government has a panoply of legislative measures that can counter Maoists more than strengthening security measures against the ‘criminals’. Principal among these is the provision in paragraph 3 of Part A of the Fifth Schedule of the Constitution which vests in the Centre the right to ‘issue directions’ to states with regard to administration in the Maoist-affected tribal areas. Invoking this provision becomes imperative in light of the failure of...
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PESA: Government's sheathed weapon
In the least remarked upon move by the government to take on the development challenge in left-wing extremist (LWE) areas, Sudha Pillai was elevated to member-secretary of the Planning Commission on the eve of her retirement from the IAS. A topper in her batch, Sudha was initially posted to her home state of Punjab and then moved to Kerala after her marriage to her batchmate, present home secretary Gopal Pillai....
More »State to adopt 50% quota for women by Amit Gupta
In a bid to ensure participation of more women in politics, the state government has proposed changing the present legislation to reserve 50 per cent seats in rural bodies for women. Deputy chief minister Sudesh Mahto, who also holds the panchayati raj portfolio, has already given his consent to the proposal, which, however, has to be passed by the state cabinet. “We are working on the proposal to grant 50...
More »Apex Court Sets Aside HC Verdict To Pave Way For Panchayat Elections
The Supreme Court Bench headed by Chief Justice K. G. Balakrishnan set aside the verdict of Jharkhand High Court and upheld the constitutional validity of the amendment in the law that mandates reservations of the chairperson’s post of Panchayats at all levels for the Scheduled Tribe in all the scheduled areas. The bench struck down Section 4(G) of the Panchayat (Extension to Scheduled Areas) Act (PESA), 1996 and held that other...
More »Need to Realise Full Benefits of the Protective Law for Tribals by Bharat Dogra
At a time when there is growing concern about the causes of increasing discontent and alienation among tribals, it is important to recall a very important law for improving the governance of the Scheduled Areas in such a way as to protect the interests of tribals. The reference here is to the Panchayats (Extension to Scheduled Areas) Act 1996 (briefly called the PESA law). If this Act had been properly...
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