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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
Explanation
The Fifth Schedule of the Constitution of India provides for the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram [2]. Under Paragraph 4 of this Schedule, Tribes Advisory Councils must be established to advise on tribal welfare [5]. Paragraph 3 requires the Governor of each state with Scheduled Areas to submit annual reports to the President regarding their administration [3]. Crucially, Paragraph 5 specifically empowers the Governor to make regulations to prohibit or restrict the transfer of land by or among members of the Scheduled Tribes and to regulate land allotment [4]. Therefore, the statement claiming the Governor is not authorized to make such regulations is incorrect, as the Governor possesses significant discretionary power to protect tribal land rights through these regulations.
Sources
- [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 20: ADMINISTRATION OF SCHEDULED AND TRIBAL AREAS > ADMINISTRATION OF SCHEDULED AND TRIBAL AREAS > p. 329
- [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 42: Scheduled and Tribal Areas > Scheduled and Tribal Areas > p. 415
- [3] https://www.mea.gov.in/images/pdf1/s5.pdf
- [4] http://tribal.nic.in/FRA/data/LandandGovernanceunderFifthSchedule.pdf
SIMILAR QUESTIONS
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?
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?
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?