UPSC Prelims 2022 Q73: Indian Polity – Federalism & Centre - State Relations
- (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.
Answer: (a) This would prevent the transfer of land of tribal people to non - tribal people.
Explanation
What the Fifth Schedule does
The Fifth Schedule governs Scheduled Areas with large tribal populations in States other than Assam, Meghalaya, Tripura and Mizoram.
| Feature | Detail |
|---|---|
| Who declares | The President by order |
| Governor's power | Can make regulations for peace and good government, including to prohibit or restrict transfer of tribal land |
| Tribes Advisory Council | Up to 20 members, three-fourths being ST MLAs |
| Report | Governor reports to the President on the administration of Scheduled Areas |
Laws such as Andhra Pradesh's Land Transfer Regulation, 1959 use this power to block land going to non-tribals.
The Samatha judgment (1997) reinforced this protection.
| Other options | Why wrong |
|---|---|
| Self-governing body | That is the Sixth Schedule (Autonomous District Councils) |
| Union Territory | Scheduled status does not change State boundaries |
| Special Category State | A Finance Commission-era fiscal status, unrelated |
Answer: (a) This would prevent the transfer of land of tribal people to non-tribal people.
Why each option is right or wrong
- (a) CORRECT. The Governor's Fifth Schedule regulations can bar transfer of tribal land to non-tribals.
- (b) Incorrect. Autonomous self-governing councils come from the Sixth Schedule, not the Fifth.
- (c) Incorrect. A Scheduled Area stays part of its State; it does not become a Union Territory.
- (d) Incorrect. Special Category status is a fiscal classification unrelated to Scheduled Areas.
Key point
Fifth Schedule: President declares Scheduled Areas; Governor can make regulations barring tribal land transfer; Tribes Advisory Council.
Remember
Fifth Schedule's key effect: stop tribal land going to non-tribals.
Common mistakes
- Mixing up the Fifth Schedule (Scheduled Areas) with the Sixth Schedule (Autonomous District Councils in the north-east).
- Thinking Scheduled Area status gives financial privileges like Special Category status.
- Forgetting the Governor's regulation-making power is the main tool against land alienation.
Exam tip
Fifth = protection through the Governor; Sixth = self-rule through District Councils.
Sources
- Constitution of India — Fifth Schedule, Para 5(2)
- Supreme Court — Samatha v. State of Andhra Pradesh (1997)