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
Full viewThis 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 Schedule—not the Third—would 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.
- Explicitly cites the Samatha v. State of Andhra Pradesh & Ors (1997) Supreme Court judgment.
- Directly states the Court "declared that the transfer of tribal land to private parties for mining was null and void under the Fifth Schedule."
- Describes the litigation (Samata) that led to the Supreme Court judgment.
- States the Court "declared null and void the transfer of land" (in context of leasing tribal land for mining).
- Notes official/administrative observations referencing Supreme Court orders on transfers in Scheduled Areas.
- States that transfer of lease from tribals in scheduled areas to any other person is "prohibited and void and of no effect."
States that the Fifth Schedule deals with the administration and control of scheduled areas and scheduled tribes (i.e., it creates a distinct regulatory/administrative regime for such lands).
A student could check whether "administration and control" in the Schedule (or related paras) includes powers to invalidate land transfers for mining.
Says the Fifth Schedule’s main features include that the executive power of the Union extends to giving directions to States regarding administration of Scheduled Areas.
One could extend this to examine whether Union directions or Schedule provisions have been interpreted to nullify or regulate land transfers (look up paras of the Fifth Schedule and related judicial decisions).
Lists existing legal safeguards in various states that restrict transfer of tribal land (by sale or other means), showing that statutory restrictions on transfer are a common instrument of protection.
Use this to inspect specific state laws (or their interaction with the Fifth Schedule) to see if transfers to private parties for mining can be expressly made void.
Notes that Fifth Schedule areas are outside Part IX Panchayat provisions unless Parliament extends them (PESA Act) and that states have enacted compliance laws — indicating a special local-governance framework relevant to land decisions.
A student could examine PESA and state adaptation statutes to determine whether local institutions or state/central rules under the Schedule can prohibit or undo land transfers for mining.
Contains a direct exam-style question asking which Schedule can declare transfer of tribal land to private parties for mining null and void, indicating this is a contested/asked legal issue tied to Schedules.
Treat this as a pointer to look up authoritative answers (text of the Fifth Schedule, related provisions and case law) rather than proof; follow up by checking the Schedule’s paras and judicial interpretation.
- Article 31B and the Ninth Schedule are described as protecting acts and regulations from being invalidated on grounds of contravention of Fundamental Rights.
- The Ninth Schedule historically includes acts and regulations dealing with land reforms, linking it to laws that could affect land transfers.
- However, the Kesavananda Bharati ruling made Ninth Schedule entries open to challenge if they violate the Constitution's basic structure, indicating conditional protection.
- States have specific legal provisions that restrict transfer of tribal land (including restrictions by sale or to non-tribals), showing that transfers are regulated by statute.
- Such statutory restrictions illustrate the mechanism by which transfers could be declared null and void under applicable laws.
- Directly states the Apex Court (Samatha v. State of Andhra Pradesh & Ors, 1997) declared transfer of tribal land to private parties for mining null and void.
- Specifies this nullification was under the Fifth Schedule (not the Twelfth Schedule), showing the relevant constitutional provision mentioned in the sources.
- Government report cites Supreme Court orders that transfers/leases of tribal land in scheduled areas to non-tribals are prohibited and 'void and of no effect'.
- Shows official/legal treatment of such transfers as null and void in scheduled areas (again referencing Schedule V contexts).
- News account of the Samata litigation confirms the Supreme Court judgment 'declared null and void the transfer of land' to mining companies.
- Corroborates the judicial outcome that such transfers were invalidated by the courts.
Identifies the Twelfth Schedule as containing municipal functional items such as regulation of land use and construction of buildings.
A student could compare the municipal functions in the Twelfth Schedule with which Schedule(s) specifically govern tribal land/areas to see if Twelfth Schedule powers plausibly cover declaring land transfers void.
States that the Fifth Schedule deals with administration and control of scheduled areas and scheduled tribes (i.e., tribal areas outside the four NE states).
One could check whether powers to regulate or nullify land transfers in scheduled areas are provided specifically by the Fifth Schedule rather than by municipal (Twelfth) powers.
Explains the constitutional distinction between 'Scheduled Areas' (Article 244(1) and Fifth Schedule) and the tribal areas covered by Sixth Schedule in four NE states.
Use this rule to map which constitutional schedule is legally relevant for tribal-land decisions in different states before attributing such power to Twelfth Schedule bodies.
Gives examples of statutory safeguards and state-level provisions restricting transfer of tribal land to non-tribals or by any means.
A student could examine whether such safeguards are typically statutory/state provisions tied to scheduled-area governance (Fifth/Sixth Schedule) rather than municipal functions under the Twelfth Schedule.
Contains a test question directly asking which Schedule can render transfer of tribal land to private parties for mining null and void, listing Fifth and Eleventh as options (implicitly linking the issue to constitutional Schedules).
This signals that the question is about which Schedule governs tribal land transfers; a student could therefore inspect the text of the named Schedules (Fifth, Eleventh, Twelfth) to see which contains relevant authority.
- [THE VERDICT]: Applied Static / Landmark Case. Solvable if you know the 'Samatha Judgment' or the Governor's specific powers in Para 5 of the Fifth Schedule.
- [THE CONCEPTUAL TRIGGER]: Fifth Schedule > Paragraph 5 > Governor's power to restrict transfer of land in Scheduled Areas.
- [THE HORIZONTAL EXPANSION]: (1) Para 5(1): Governor can direct that Parliament/State laws do NOT apply to Scheduled Areas. (2) Para 5(2): Governor can make regulations to prohibit transfer of land by/among STs. (3) PESA Act 1996: Gram Sabha consultation mandatory for land acquisition. (4) Sixth Schedule: Autonomous District Councils (ADCs) have legislative power over land (unlike 5th where Governor regulates). (5) Samatha vs State of AP (1997): Ruled that government land, tribal land, and forest land in Scheduled Areas cannot be leased to non-tribals/private companies for mining.
- [THE STRATEGIC METACOGNITION]: Don't just memorize 'Fifth Schedule = 10 States'. You must read the *internal architecture* of the Schedule. Ask: Who has the power? (Governor). What can they do? (Modify laws, restrict land transfer). This specific power is the 'soul' of the Fifth Schedule.
The Fifth Schedule governs administration and control of scheduled areas and scheduled tribes outside four north-eastern states, while the Sixth Schedule provides special provisions for tribal areas in Assam, Meghalaya, Tripura and Mizoram.
High-yield for UPSC: understanding which Schedule applies is essential for questions on tribal governance, special administrative arrangements and constitutional safeguards. It connects to federalism, law on tribal welfare, and policy-making for scheduled areas; it helps answer questions about jurisdiction and which constitutional mechanisms are available.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 42: Scheduled and Tribal Areas > Scheduled and Tribal Areas > p. 415
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 42: Scheduled and Tribal Areas > ADMINISTRATION OF TRIBAL AREAS > p. 416
Land falls under the State List while acquisition and requisitioning of property appears in the Concurrent List, affecting how land laws and transfers are regulated.
Mastering this clarifies which government (state or centre) frames laws on land and compulsory acquisition — important for questions on land reforms, resource allocation, and disputes over land transfers for industry or mining. It links to Seventh Schedule entries and to constitutional limits on property rights.
- Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 10: Land Reforms in India > LAND REFORM MEASURES POST-INDEPENDENCE > p. 339
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 29: RIGHTS AND LIABILITIES OF THE GOVERNMENT AND PUBLIC SERVANTS > RIGHTS AND LIABILITIES OF THE GOVERNMENT AND PUBLIC SERVANTS > p. 425
Several states have enacted provisions restricting transfer of tribal land to non-tribals or by any means to prevent land alienation.
Knowing the existence and types of state safeguards is useful for questions on protection of tribal rights, land alienation, and the interaction between state legislation and constitutional protections; it enables analysis of policy measures and legal remedies for tribal communities.
- Geography of India ,Majid Husain, (McGrawHill 9th ed.) > Chapter 15: Regional Development and Planning > Areas of Development > p. 36
The Fifth Schedule provides a special administrative framework and control over scheduled areas and scheduled tribes outside certain northeastern states.
High-yield for UPSC: understanding which constitutional provision governs tribal areas is essential for questions on tribal welfare, land rights and Centre–State powers. It links to Article 244, Union directions to States, and distinctions from the Sixth Schedule, enabling analysis of governance and intervention in tribal regions.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 42: Scheduled and Tribal Areas > Scheduled and Tribal Areas > p. 415
- 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
- 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. 330
State-level provisions exist that restrict transfer of tribal land by sale or to non-tribals, reflecting legal protection against land alienation.
Important for questions on tribal land rights, resource conflicts and land reform policies; helps evaluate statutory protections versus actual land alienation and how mining or private transfers may be regulated or challenged.
- Geography of India ,Majid Husain, (McGrawHill 9th ed.) > Chapter 15: Regional Development and Planning > Areas of Development > p. 36
Part IX (Panchayats) does not automatically apply to Fifth Schedule areas; Parliament extended selected Panchayat provisions to such areas via the PESA Act, with states enacting compliance laws.
Relevant for questions on decentralisation, local self-government in tribal areas and consent/participation mechanisms for development projects (including mining). Understanding PESA clarifies local governance and legislative adaptations in scheduled areas.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 39: Panchayati Raj > PESA ACT OF 1996 (EXTENSION ACT) > p. 393
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 39: Panchayati Raj > PESA ACT OF 1996 (EXTENSION ACT) > p. 393
The Ninth Schedule (Article 31B) protects certain legislative acts from being invalidated for violating Fundamental Rights and includes land-reform laws.
High-yield for constitutional law questions: explains a key mechanism used to shield socio-economic legislation (including land reform) from rights-based challenges; ties directly into judicial review and the basic-structure doctrine, enabling answers on limits of legislative protection.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > JUDICIAL REVIEW OF THE NINTH SCHEDULE > p. 299
The 'Governor's Report' (Para 3, Fifth Schedule). The Governor of each State having Scheduled Areas MUST make a report to the President annually (or whenever required) regarding the administration of those areas. The Union Executive can give directions to the State based on this.
Functional Mapping: Third Schedule = Oaths (Irrelevant). Twelfth Schedule = Municipalities (Urban governance, unlikely to cover tribal mining hinterlands). Ninth Schedule = A 'Shield' to protect laws from judicial review (The question asks about *declaring* something void, which is an active restriction, not a shield). Fifth Schedule = Explicitly deals with 'Administration and Control' of tribal areas. It is the only logical home for land protection rules.
Links to GS-2 (Vulnerable Sections/Social Justice) and GS-3 (Economy/Mining). The 'Samatha Judgment' is the legal bedrock for the 'Tribals as Shareholders' debate in the MMDR Act and the conflict between Niyamgiri mining rights vs. Tribal cultural rights.