If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it?
- A.This would prevent the transfer of land of tribal people to non-tribal people.
- B.This would create a local self-governing body in that area.
- C.This would convert that area into a Union Territory.
- D.The State having such areas would be declared a Special Category State.
Correct answer
Explanation
The correct answer is A, prevention of transfer of tribal land to non-tribals. Paragraph 5(2) of the Fifth Schedule allows the Governor of a State to make regulations for the peace and good government of a Scheduled Area, and expressly permits regulations that prohibit or restrict the transfer of land by or among members of Scheduled Tribes. Protection of land is therefore the direct legal consequence of a Fifth Schedule declaration. B is wrong because local self-government in Scheduled Areas comes from the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996, and not from the declaration itself; the Schedule only sets up an advisory Tribes Advisory Council. C is wrong because a Scheduled Area remains part of the State concerned, whose executive power continues to extend to it, while a Union Territory is created by Parliament under Article 3. D is wrong because Special Category Status was an arrangement of the erstwhile National Development Council for devolution of central assistance and has no connection with the Fifth Schedule.
Read the full article: Scheduled and Tribal Areas: Fifth and Sixth Schedules
Practice Questions
View allUnder which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?
- A.Third Schedule
- B.Fifth Schedule
- C.Ninth Schedule
- D.Twelfth Schedule
Show answer
Explanation
The correct answer is B, the Fifth Schedule. Regulations made by the Governor under paragraph 5(2) of the Fifth Schedule can prohibit or restrict the transfer of land by or among members of Scheduled Tribes, and a transfer made in breach of such a regulation is void. State land transfer regulations framed under this power are what courts rely on when they set aside leases of tribal land to private mining companies in Scheduled Areas. A is wrong because the Third Schedule only contains the forms of oath and affirmation for ministers, legislators, judges and the Comptroller and Auditor General. C is wrong because the Ninth Schedule, added by the First Amendment in 1951, lists laws, mainly land reform laws, placed beyond challenge on the ground of violation of fundamental rights. D is wrong because the Twelfth Schedule, added by the 74th Amendment, lists the eighteen functions of urban local bodies.
How many states with Fifth Schedule Areas are covered under the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996?
- A.7
- B.9
- C.10
- D.13
Show answer
Explanation
The correct answer is C, ten States. PESA applies to the Scheduled Areas of Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan, and these ten States must bring their Panchayati Raj laws in line with it. The number follows from the Fifth Schedule itself, because PESA extends Part IX of the Constitution only to areas declared Scheduled Areas by presidential order. A and B are wrong because they leave out States that clearly have Scheduled Areas, such as Himachal Pradesh and Rajasthan; several new Fifth Schedule States, Jharkhand and Chhattisgarh in 2000 and Telangana in 2014, were carved out of older ones and inherited their Scheduled Areas. D is wrong because the four North-Eastern States of Assam, Meghalaya, Tripura and Mizoram fall under the Sixth Schedule and are outside PESA altogether.
The Sixth Schedule of the Indian Constitution provides for the administration of tribal areas in certain states. Which of the following states is not mentioned in that schedule?
- A.Meghalaya
- B.Mizoram
- C.Arunachal Pradesh
- D.Assam
Show answer
Explanation
The correct answer is C, Arunachal Pradesh. The Sixth Schedule, read with Article 244(2), covers the tribal areas of only four States, namely Assam, Meghalaya, Tripura and Mizoram. Arunachal Pradesh has no autonomous district council under this Schedule; its tribal population is protected instead by the Bengal Eastern Frontier Regulation of 1873, under which outsiders need an Inner Line Permit, and by its own panchayat arrangements. A is wrong because Meghalaya has three councils for the Khasi Hills, the Jaintia Hills and the Garo Hills. B is wrong because Mizoram has councils for the Chakma, Lai and Mara areas. D is wrong because Assam has the Bodoland Territorial Council along with the Karbi Anglong and Dima Hasao councils, and Article 244A even allows Parliament to form an autonomous State within Assam.
The administration and control of Scheduled Areas and Scheduled Tribes in States other than Assam, Meghalaya, Tripura and Mizoram is governed by which Article of the Constitution?
- A.Article 243
- B.Article 244(1)
- C.Article 245
- D.Article 246
Show answer
Explanation
The correct answer is B, Article 244(1). It states that the provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than Assam, Meghalaya, Tripura and Mizoram, while Article 244(2) applies the Sixth Schedule to the tribal areas of those four States. Both clauses sit in Part X of the Constitution, titled Scheduled and Tribal Areas. A is wrong because Article 243 is the definition clause of Part IX on panchayats. C is wrong because Article 245 deals with the territorial extent of laws made by Parliament and State legislatures. D is wrong because Article 246 distributes legislative subjects between the Union and the States through the three lists of the Seventh Schedule. Remember the pair 244(1) for the Fifth Schedule and 244(2) for the Sixth.
Who has the power to declare an area as a Scheduled Area under the Fifth Schedule?
- A.The Governor of the State
- B.The President of India
- C.Parliament by a simple majority
- D.The National Commission for Scheduled Tribes
Show answer
Explanation
The correct answer is B, the President of India. Paragraph 6 of the Fifth Schedule says that the President may by order declare an area to be a Scheduled Area, and may increase or decrease its area, alter its boundaries, rescind the declaration or make a fresh order after consulting the Governor of the State concerned. A is wrong, though it is the commonest trap: the Governor administers a Scheduled Area, reports on it every year to the President, makes regulations for it and may bar or modify the application of laws, but cannot create or abolish one. C is wrong because the declaration is an executive order and not an Act of Parliament; Parliament does legislate for such areas, as it did through PESA. D is wrong because the National Commission for Scheduled Tribes, a constitutional body under Article 338A, only investigates safeguards and advises on tribal development.