Tribal Self-Governance in Jharkhand: Insights into the Implementation of Self-Rule through Pathalgadi Practices

Abstract

Gram Sabha is the lowest functionary of grassroots democracy in India. An empowered Gram Sabha is the base for establishing a sound democratic system. The article highlights the Pathalgadi movement as a critical way of empowering Gram Sabha. A recent argument from Jharkhand High Court about tribal self-governance has raised the relevancy of local governance in fifth scheduled areas. Jharkhand High Court also obliges about the power of Gram Sabha from Panchayat Extension to Scheduled Areas (PESA) of Jharkhand. The study’s rationale is to raise the concern of inclusion of tribal self-governance and the provisions of PESA Jharkhand in Panchayati Raj. The article elaborates on the historical background of the Gram Sabha, the empowerment of Gram Sabha in scheduled areas and its present status, analyses how PESA Act, 1996 and Forest Rights Act, 2006 have enabled democratic decision-making in Gram Sabha and the validity of Pathalgadi movement as a critical way of empowering Gram Sabha. The article concludes that government must not intervene with the rights of the indigenous tribes.