Question map
Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?
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] https://repository.tribal.gov.in/bitstream/123456789/73963/1/SCST_2020_research_0114.pdf
- [2] https://repository.tribal.gov.in/bitstream/123456789/73963/1/SCST_2020_research_0114.pdf
- [3] https://repository.tribal.gov.in/bitstream/123456789/73963/1/SCST_2020_research_0114.pdf
- [4] https://mines.gov.in/admin/storage/app/uploads/6435462f810771681212975.pdf
- [5] https://mines.gov.in/admin/storage/app/uploads/6435462f810771681212975.pdf
- [6] https://mines.gov.in/admin/storage/app/uploads/6435462f810771681212975.pdf
PROVENANCE & STUDY PATTERN
Guest previewThis 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.
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?
- Statement 2: Can transfers of tribal land to private parties for mining be declared null and void under the Fifth Schedule of the Constitution of India?
- Statement 3: Can transfers of tribal land to private parties for mining be declared null and void under the Ninth Schedule of the Constitution of India?
- Statement 4: Can transfers of tribal land to private parties for mining be declared null and void under the Twelfth Schedule of the Constitution of India?
States that the Fifth Schedule deals with administration and control of scheduled areas and scheduled tribes (i.e., tribal land) in most states.
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.
Explains the Sixth Schedule contains special provisions for administration of tribal areas in four north-eastern states.
A student should consider that for some tribal areas (NE states) the Sixth Scheduleânot the Thirdâwould be the place to look for transfer/land protection rules, and compare Sixth vs Third.
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.
A student can extend this by checking state laws and schedules that enable such restrictions to see which constitutional provisions authorize nullification of transfers.
Notes that land is a State subject under the Seventh Schedule, while acquisition/requisitioning is a Concurrent subject.
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.
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.
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.
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