UPSC Prelims 2019 Q50: Indian Polity – Federalism & Centre - State Relations
- (a) Third Schedule
- (b) Fifth Schedule
- (c) Ninth Schedule
- (d) Twelfth Schedule
Answer: (b) Fifth Schedule
Explanation
Fifth Schedule: Scheduled Areas & Tribal Land Protection
| Schedule | Purpose |
|---|---|
| Third | Forms of Oaths and Affirmations |
| Fifth | Administration and Control of Scheduled Areas and Scheduled Tribes (states other than NE) - includes Governor's power to declare transfers of tribal land to non-tribals null and void |
| Ninth | Land reform laws saved from judicial review |
| Twelfth | Municipalities (subjects) |
Fifth Schedule Paragraph 5 empowers the Governor to make regulations for peace/good governance of Scheduled Areas - including prohibiting/restricting transfer of tribal land to non-tribals and declaring illegal transfers null and void. States: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, MP, Maharashtra, Odisha, Rajasthan, Telangana.
Answer: (b) Fifth Schedule.
Why each option is right or wrong
- (a) Incorrect. Third Schedule deals with oaths and affirmations - unrelated to tribal land.
- (b) CORRECT. Fifth Schedule empowers the Governor to declare tribal land transfers to non-tribals (including for mining) null and void in Scheduled Areas.
- (c) Incorrect. Ninth Schedule shields laws from judicial review under Article 31B - not about tribal land.
- (d) Incorrect. Twelfth Schedule lists Municipality subjects - urban local body focus.
Key point
Fifth Schedule = Scheduled Areas + STs (non-NE states). Governor can declare land transfers null and void. Sixth Schedule = NE tribal areas (Assam, Meghalaya, Tripura, Mizoram) with Autonomous District Councils.
Remember
Under the Fifth Schedule of the Constitution, the Governor of a State with Scheduled Areas can make regulations that declare the transfer of tribal land to private parties (including for mining) null and void. This power is central to tribal land rights protection in mainland Scheduled Areas.
Common mistakes
- Confusing Fifth (mainland ST protection) with Sixth (NE ADCs).
- Assuming any tribal safeguard is Sixth Schedule - Fifth is the mainland one.
- Not knowing Samatha judgment (1997) which used Fifth Schedule to strike down leases in Scheduled Areas.
Exam tip
Schedule VS Schedule memory: Fifth = Scheduled Areas + STs (10 states). Sixth = Tribal Areas in Assam, Meghalaya, Tripura, Mizoram (ADCs). Both have Governor's central role. Fifth relies on Tribes Advisory Council; Sixth on Autonomous District Councils.
Sources
- Constitution of India - Fifth Schedule, Paragraph 5
- Supreme Court judgment - Samatha v State of AP (1997)