Question map
Not attempted Correct Incorrect ★ Bookmarked
Loading…
Q50 (IAS/2019) Polity & Governance › Federalism & Emergency Provisions › Fifth Schedule areas Official Key

Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?

Result
Your answer: —  Âˇ  Correct: B
Explanation

The correct answer is option B (Fifth Schedule).

The Samatha v. State of Andhra Pradesh & Ors (1997) judgment where the Apex Court declared that the transfer of tribal land to private parties for mining was null and void under the Fifth Schedule[3] clearly establishes this constitutional provision as the basis for protecting tribal land rights. Various Supreme Court orders state that the transfer of lease from the tribals to any other person in the scheduled area is prohibited and void and of no effect[6].

The Fifth Schedule of the Constitution contains provisions for the administration and control of Scheduled Areas and Scheduled Tribes, providing safeguards to protect tribal land from alienation. The other schedules mentioned serve different purposes: the Third Schedule deals with forms of oaths, the Ninth Schedule protects certain laws from judicial review, and the Twelfth Schedule relates to Panchayats. Therefore, only the Fifth Schedule provides the constitutional framework for declaring such land transfers null and void.

Sources
  1. [1] https://repository.tribal.gov.in/bitstream/123456789/73963/1/SCST_2020_research_0114.pdf
  2. [2] https://repository.tribal.gov.in/bitstream/123456789/73963/1/SCST_2020_research_0114.pdf
  3. [3] https://repository.tribal.gov.in/bitstream/123456789/73963/1/SCST_2020_research_0114.pdf
  4. [4] https://mines.gov.in/admin/storage/app/uploads/6435462f810771681212975.pdf
  5. [5] https://mines.gov.in/admin/storage/app/uploads/6435462f810771681212975.pdf
  6. [6] https://mines.gov.in/admin/storage/app/uploads/6435462f810771681212975.pdf
How others answered
Each bar shows the % of students who chose that option. Green bar = correct answer, blue outline = your choice.
Community Performance
Out of everyone who attempted this question.
86%
got it right
PROVENANCE & STUDY PATTERN
Guest preview
Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void…
At a glance
Origin: Books + Current Affairs Fairness: Low / Borderline fairness Books / CA: 2.5/10 ¡ 5/10
You're seeing a guest preview. The Verdict and first statement analysis are open. Login with Google to unlock all tabs.

This is a classic 'Applied Static' question. While standard books list the Fifth Schedule states, the specific context (mining/private parties) comes from the landmark 'Samatha Judgment' (1997). The question tests if you understand the *powers* within the Schedule (Para 5), not just the list of states.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Can transfers of tribal land to private parties for mining be declared null and void under the Third Schedule of the Constitution of India?
Origin: Weak / unclear Fairness: Borderline / guessy
Indirect textbook clues
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 42: Scheduled and Tribal Areas > Scheduled and Tribal Areas > p. 415
Strength: 5/5
“Article 244, in Part X of the Constitution, envisages a special system of administration for certain areas designated as 'scheduled areas' and 'tribal areas'. The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura and Mizoram. 1 • The Sixth Schedule of the Constitution, on the other hand, deals with the administration of the tribal areas in the four northeastern states.”
Why relevant

States that the Fifth Schedule deals with administration and control of scheduled areas and scheduled tribes (i.e., tribal land) in most states.

How to extend

A student could infer that rules about validity of transfers affecting tribal land are more likely to be found under the Fifth Schedule than the Third, and should check Fifth Schedule provisions and relevant case law.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 42: Scheduled and Tribal Areas > ADMINISTRATION OF TRIBAL AREAS > p. 416
Strength: 5/5
“l ADMINISTRATION OF TRIBAL AREAS The Constitution, under Sixth Schedule, contains special provisions for the administration of tribal areas in the four north-eastern states of Assam, Meghalaya, Tripura and Mizoram. The rationality behind the special arrangements in respect of only these four states lies in the following: The tribes in Assam, Meghalaya, 'Tripura' and Mizoram have not assimilated much the life and ways of the other people in these states. These areas have hitherto been anthropological specimens. The tribal people in other parts of India have more or less adopted the culture of the majority of the people in whose midst they live.”
Why relevant

Explains the Sixth Schedule contains special provisions for administration of tribal areas in four north-eastern states.

How to extend

A student should consider that for some tribal areas (NE states) the Sixth Schedule—not the Third—would be the place to look for transfer/land protection rules, and compare Sixth vs Third.

Geography of India ,Majid Husain, (McGrawHill 9th ed.) > Chapter 15: Regional Development and Planning > Areas of Development > p. 36
Strength: 4/5
“To cope with this problem, safeguards along the following lines have been provided: (i) provisions restricting the transfer of tribal land to non-tribals by sale, as found in Gujarat, Odisha and Rajasthan, (ii) provisions restricting transfer of tribal land to any person—tribal or non-tribal, as found in West Bengal, and (iii) provisions restricting the transfer of tribal land by any means. Despite all these legal safeguards, it has not been possible to check land alienation.• 7. Industrialisation: The state governments carried out programmes for developing cottage industries and subsidiary occupations among tribal people. These include bee-keeping, poultry, sheep rearing, weaving, sericulture, and palm-gurs.”
Why relevant

Describes concrete types of legal safeguards that restrict transfer of tribal land (to non-tribals, to any person, or by any means) enacted by states.

How to extend

A student can extend this by checking state laws and schedules that enable such restrictions to see which constitutional provisions authorize nullification of transfers.

Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 10: Land Reforms in India > LAND REFORM MEASURES POST-INDEPENDENCE > p. 339
Strength: 4/5
“Under land reforms, three broad measures were taken: As per the Seventh Schedule of the Indian Constitution, Land is a State subject and is under State list. However, 'acquisition and requisitioning of property' is in the Concurrent list.”
Why relevant

Notes that land is a State subject under the Seventh Schedule, while acquisition/requisitioning is a Concurrent subject.

How to extend

A student could use this to reason that primary regulation of land transfers (including tribal land) is via state law empowered by the Seventh Schedule, thus tracing constitutional authority for declaring transfers void to state laws and schedules like the Fifth/Sixth.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2019TEST PAPER > p. 755
Strength: 3/5
“~2019TEST PAPER • Which Article of the Constitution of India safeguards one's right to marry the person of one's choice? • (a) Article 19 (b) Article 21 • (c) Article 25 (d) Article 29 • 2. Under which schedule of the Constitution of India Can the transfer of tribal land to private parties for mining be declared null and void? • (a) Third Schedule (b) Fifth Schedule • (c) Ninth Schedule (d) Eleventh Schedule • 3. Consider the following statements: • 1”
Why relevant

Contains a test question directly asking which schedule allows declaring transfer of tribal land to private parties for mining to be null and void, listing Third, Fifth, Ninth, Eleventh as options.

How to extend

A student could take this as an alert that the issue is tied to a specific Schedule (likely Fifth or Sixth) and should verify which Schedule actually contains the relevant provisions rather than assuming the Third.

Statement analysis

This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.

Login with Google to unlock all statements.

Statement analysis

This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.

Login with Google to unlock all statements.

Statement analysis

This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.

Login with Google to unlock all statements.

How to study

This tab shows concrete study steps: what to underline in books, how to map current affairs, and how to prepare for similar questions.

Login with Google to unlock study guidance.

Micro-concepts

Discover the small, exam-centric ideas hidden in this question and where they appear in your books and notes.

Login with Google to unlock micro-concepts.

The Vault

Access hidden traps, elimination shortcuts, and Mains connections that give you an edge on every question.

Login with Google to unlock The Vault.

✓ Thank you! We'll review this.

SIMILAR QUESTIONS

IAS ¡ 2022 ¡ Q23 Relevance score: 2.79

If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it?

CDS-II ¡ 2016 ¡ Q114 Relevance score: 0.67

Which one of the following statements with regard to the Ninth Schedule of the Constitution of India is not correct?

CDS-II ¡ 2022 ¡ Q22 Relevance score: 0.43

Consider the following pairs of Schedule and Content of the Constitution of India: 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. Provision's related to the administration of Scheduled Areas and Scheduled Tribes 4. Ninth Schedule IV. Provision's related to the administration of tribal areas in certain States How many of the above pairs is/are correctly matched?

CDS-I ¡ 2015 ¡ Q111 Relevance score: 0.14

The Sixth Schedule of the Indian Constitution contains provisions for the administration of Tribal areas. Which of the following States is not covered under this Schedule ?