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Q98 (CDS-II/2018) Polity & Governance › Constitutional & Statutory Bodies › Constitutional statutory bodies Answer Verified

Which one of the following regarding the tenure of the elected members of the Autonomous District Council is correct?

Result
Your answer: —  Â·  Correct: B
Explanation

According to the Sixth Schedule of the Constitution of India, which governs the administration of tribal areas in the North-Eastern states, the tenure of elected members of an Autonomous District Council (ADC) is specifically defined. While general texts mention a five-year term [2], the precise legal provision under Paragraph 2(6A) of the Sixth Schedule clarifies that elected members hold office for a term of five years from the date appointed for the first meeting of the Council after the general elections [4]. This term is subject to the Council not being dissolved earlier by the Governor under Paragraph 16 [3]. In contrast, nominated members serve at the pleasure of the Governor [3]. This provision ensures that the five-year clock begins only when the Council formally commences its legislative and administrative functions, rather than the date of the election results or the administration of the oath.

Sources

  1. [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 42: Scheduled and Tribal Areas > ADMINISTRATION OF TRIBAL AREAS > p. 417
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 42: Scheduled and Tribal Areas > ADMINISTRATION OF TRIBAL AREAS > p. 417
  3. [3] https://www.mea.gov.in/Images/pdf1/S6.pdf
  4. [4] https://upload.indiacode.nic.in/schedulefile?aid=AC_CEN_5_5_00045_196955_1517807324804&rid=220
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