Civil Services Prep

Prelims 2022 · Polity and Constitution · Question 73

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?

  1. This would prevent the transfer of land of tribal people to non-tribal people.
  2. This would create a local self-governing body in that area.
  3. This would convert that area into a Union Territory.
  4. The State having such areas would be declared a special Category State.

Answer

This would prevent the transfer of land of tribal people to non-tribal people.

  • (a) Fifth Schedule deals with administration and control of Scheduled Areas and Scheduled Tribes. A key consequence is that the Governor can make regulations prohibiting or restricting transfer of land from tribals to non-tribals. Verdict: Correct.
  • (b) Creation of a local self-governing body is not the defining consequence of bringing an area under the Fifth Schedule. Local self-government in Scheduled Areas is addressed separately through PESA, 1996. Verdict: Incorrect.
  • (c) Fifth Schedule status does not change the constitutional status of the area into a Union Territory. It remains within the concerned State. Verdict: Incorrect.
  • (d) Having Fifth Schedule areas does not make a State a Special Category State; that is a different administrative/financial classification, not a constitutional consequence here. Verdict: Incorrect.
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