Tribal Affairs Ministry says Forest Rights Act lacks gram

The Union Ministry of Tribal Affairs has stated the Forest Rights Act of 2006 has no provision mandating gram sabha consent for forest clearance. This position was communicated to the National Hydroelectric Power Corporation Desk of the Power Ministry on August 31, 2026.

In its official communication, the Tribal Affairs Ministry said matters related to such consent do not fall under its purview. The ministry was responding to deliberations initiated by the Power Ministry over government projects delayed by the requirement for 100% gram sabha approval under the FRA for forest clearance.

The Legal Context

While the FRA itself does not explicitly mention gram sabha consent for diverting forest land, subsequent government rules under the older Forest Conservation Act of 1980 do establish a linked procedure. These guidelines require completing all FRA processes before formal forest diversion. This includes identifying potential rights claimants, recognizing and vesting those rights, and then obtaining a no-objection certificate from the concerned gram sabhas regarding the land diversion proposal.

This NOC procedure has become commonly known as the gram sabha consent requirement for forest clearance. The FRA explicitly designates the Ministry of Tribal Affairs as the nodal ministry responsible for implementing the law.

Reaction and Criticism

Supreme Court advocate Shomona Khanna, a former legal adviser to the Tribal Affairs Ministry under both UPA and NDA governments, called the ministry's position bizarre. She questioned which ministry would be responsible for such matters if not the Tribal Affairs Ministry.

The ministry's stance aligns with its position in other notable forest rights cases, including the Nicobar mega-infrastructure project and cases in states like Madhya Pradesh and Karnataka. In these instances, the ministry has similarly argued it has no role, stating that the FRA mandates implementation by state or union territory governments.

The Parliamentary Committee Trigger

The inter-ministerial discussion was prompted by an August 3, 2026 report from the Parliamentary Standing Committee on Public Undertakings on NHPC Limited. The committee, headed by BJP MP Baijayanta Panda, noted that the average time for forest clearance for under-construction hydropower projects was 106 months.

It identified the requirement for consent from all concerned gram sabhas as the single most critical bottleneck. Projects like the Teesta-IV Hydroelectric Project were cited as being indefinitely stalled because consent from a small minority of Gram Panchayats remained pending.

The parliamentary committee had taken up a recommendation from NHPC officials. They proposed that a qualified super-majority consent of 70-75% of affected gram sabhas should be sufficient for large hydropower projects of national importance. The panel recommended the Power Ministry discuss the feasibility of this proposal with the Tribal Affairs Ministry.

The committee argued that while socially well-intentioned, the 100% consent requirement had in practice resulted in extended delays driven by specific stakeholder segments, impacting projects of national importance.