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?
AThis would prevent the transfer of land of tribal people to non-tribal people.
BThis would create a local self-governing body in that area.
CThis would convert that area into a Union Territory.
DThe State having such areas would be declared a Special Category State.
Answer & Solution
Correct answer: A. This would prevent the transfer of land of tribal people to non-tribal people.
Answer: A. Bringing an area under the Fifth Schedule PREVENTS the transfer of land of tribal people to non-tribal people.
The FIFTH SCHEDULE of the Constitution provides for the administration and control of SCHEDULED AREAS AND SCHEDULED TRIBES in any state other than Assam, Meghalaya, Tripura and Mizoram (which are governed by the Sixth Schedule).
Key provisions of the Fifth Schedule:
- The Governor of the state has special powers and reports annually to the President on administration of these areas.
- A TRIBES ADVISORY COUNCIL is constituted in each state with Scheduled Areas.
- The Governor can MAKE REGULATIONS prohibiting or restricting transfer of LAND BY OR AMONG MEMBERS OF SCHEDULED TRIBES. This is the most well-known protection — land of Scheduled Tribes cannot be transferred to non-tribals.
- The Governor can regulate moneylending in Scheduled Areas.
- Existing laws applicable in such areas can be modified or repealed.
Distractors:
(B) Local self-government bodies exist regardless of Fifth Schedule (PESA Act adds tribal flavour).
(C) Fifth Schedule areas remain part of states, not UTs.
(D) Special Category Status is a Finance Commission/Planning Commission matter, separate from Fifth Schedule.
Source: Fifth Schedule of Constitution / NCERT Class 11 Indian Constitution at Work / Ministry of Tribal Affairs.
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