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Who among the following is given discretionary powers under the Fifth Schedule of the Constitution of India to set up a Tribes Advisory Council in a State which has Scheduled Tribes but not Scheduled Areas?
Explanation
Under the Fifth Schedule of the Constitution of India, the establishment of a Tribes Advisory Council (TAC) is mandatory for states that have designated Scheduled Areas. However, the Schedule also provides for the establishment of such a council in states that possess Scheduled Tribes but do not have designated Scheduled Areas. According to the constitutional provisions, a similar council can be established in such states only if the President of India so directs [2]. While the Governor has significant powers regarding the administration of Scheduled Areas, such as making regulations and deciding the applicability of Acts of Parliament, the specific discretionary power to mandate a TAC in a state without Scheduled Areas rests solely with the President [2]. The council consists of 20 members, with three-fourths being representatives of Scheduled Tribes in the State Legislative Assembly [1].
Sources
- [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 42: Scheduled and Tribal Areas > ADMINISTRATION OF SCHEDULED AREAS > p. 416
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 42: Scheduled and Tribal Areas > ADMINISTRATION OF SCHEDULED AREAS > p. 416
SIMILAR QUESTIONS
Which of the following statements relating to the Fifth Schedule of the Constitution of India is not correct?
A) It relates to the special provision for administration of certain areas in the States other than Assam, Meghalaya, Tripura and Mizoram
B) Tribal advisory councils are to be constituted to give advice under the Fifth Schedule
C) The Governor is not authorized to make regulations to prohibit or restrict the transfer of land by, or among members of the Scheduled Tribes
D) The Governors of the States in which there are scheduled areas have to submit reports to the President regarding the administration of such areas
Consider the following statements : With reference to the Constitution of India, if an area in a State is declared as Scheduled Area under the Fifth Schedule I. the State Government loses its executive power in such areas and a local body assumes total administration II. the Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the Governor Which of the statements given above is/are correct?
The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to
Consider the following pairs of Schedule and Content of the Constitution of India:
| Schedule | Content |
|---|---|
| 1. First Schedule | I. Forms of Oaths or Affirmations |
| 2. Third Schedule | II. Allocation of seats in the Council of States |
| 3. Fifth Schedule | III. Provisions related to the administration of Scheduled Areas and Scheduled Tribes |
| 4. Ninth Schedule | IV. Provisions related to the administration of tribal areas in certain States |
How many of the above pairs is/are correctly matched?