“GOVERNOR’S DISCRETION UNDER THE FIFTH SCHEDULE VS. LOCAL SELF-GOVERNMENT UNDER PESA: A CONSTITUTIONAL TENSION”

AUTHOR – DIKSHA GAUTAM* & PROF. DR. ANIL KUMAR DIXIT**

* LAW STUDENT, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

BEST CITATION – DIKSHA GAUTAM & PROF. DR. ANIL KUMAR DIXIT, “GOVERNOR’S DISCRETION UNDER THE FIFTH SCHEDULE VS. LOCAL SELF-GOVERNMENT UNDER PESA: A CONSTITUTIONAL TENSION”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 717-722, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

There is a major constitutional tension between the discretionary powers of the Governor under the Fifth Schedule of the Indian Constitution and the system of local self-governance envisaged under the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA). Although the Fifth Schedule grants the Governor extensive administrative powers to maintain peace and good governance in Scheduled Areas, PESA aims to grant power to Gram Sabhas that are tribal institutions of self-governance. Such a dual mechanism not only tends to produce overlapping jurisdiction, administrative ambiguity but also narrows the democracy of the grassroots. This paper is critical in addressing the question of whether the discretionary powers of the Governor are supportive or detrimental to the model of disseminated decentralised government advocated by PESA. It also examines judicial interpretations, state practices, and implementation difficult to understand the level of contrast between the intent of the constitution and the administrative reality. The paper suggests more explicit harmonisation of the law in order to compensate the autonomy of tribality and constitutional state and local governance structures.