PESA is internally contradictory. It provides both-elections to the village panchayats and at the same time upholding custom, which involves non-elected headmen at the village level. It does not specify that the Gram Sabha can override the authority of departments like the forest or irrigation departments. Forest officers routinely assert that PESA does not apply to reserved forests even if they fall within the village’s customary boundary. Police officers refuse to acknowledge the community’s right of customary dispute resolution when they intervene in village disputes.

While there are only nine states with scheduled areas, it is only in Jharkhand where panchayat poll has sparked off uncertainty and unrest. All the remaining states have already conducted the poll. This is because the Jharkhand Panchayati Raj Act 2001 (PRA 2001) contradicts various constitutional provisions and existing laws specific to Jharkhand, such as the Chotangapur Tenancy Act, the Santhal Parganas Tenancy Act, the Wilkinson Rules, etc.

The state government has not shown any inclination to appeal against the High Court ruling. After all, the provisions declared ultra vires by the high court were provisions enacted by the Indian Parliament.

If the ruling is to be accepted, then Schedule V of the Indian Constitution itself will have to be declared as unconstitutional.

While most states, with considerable tribal population, have chosen Panchayat as unit of schedule area, the government in the state of Jharkhand prescribed reservation of scheduled areas at block level in the year 2001. Consequently, 112 of 212 blocks of the state have been reserved for tribal population, under the provisions of scheduled area.

The demand to continue with the traditional munda must be seen in conjunction with the other rights given by PESA/PRA. By giving the gram sabha control over different economic spheres–e.g the management of natural resources, and identification of beneficiaries for development schemes, it is possible to avert the danger of the munda turning autocratic. At the same time it will reverse the trend of the traditional structure being seen as concerned only with social offences