Question map
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?
Explanation
The correct answer is Option 1.
The Fifth Schedule of the Indian Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes. The primary objective of this schedule is to protect the interests of tribal communities, particularly their rights over land and resources.
- Why Option 1 is correct: Under the Fifth Schedule, the Governor has the power to make regulations to prohibit or restrict the transfer of land by or among members of the Scheduled Tribes to non-tribal persons. This was upheld in the landmark Samatha vs. State of Andhra Pradesh case, which affirmed that such land transfers are void to prevent exploitation.
- Why others are incorrect: Local self-governing bodies (Option 2) are established under the Sixth Schedule (Autonomous District Councils) or through PESA Act, 1996. Bringing an area under the Fifth Schedule does not automatically convert it into a Union Territory (Option 3) or grant Special Category Status (Option 4), which is a fiscal classification.
PROVENANCE & STUDY PATTERN
Guest previewThis is a classic 'Polity Core' question derived directly from the bare text of the Constitution (Fifth Schedule, Para 5) and standard texts like Laxmikanth. It tests the fundamental distinction between the 'Protective' nature of the Fifth Schedule (Land Rights) versus the 'Autonomous' nature of the Sixth Schedule (Self-Governance).
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Does bringing an area under the Fifth Schedule of the Constitution of India prevent transfer of land of tribal people to non-tribal people?
- Statement 2: Does bringing an area under the Fifth Schedule of the Constitution of India create a local self-governing body in that area?
- Statement 3: Does bringing an area under the Fifth Schedule of the Constitution of India convert that area into a Union Territory?
- Statement 4: Does the presence of areas under the Fifth Schedule of the Constitution of India cause the State to be declared a Special Category State?
- Directly cites Paragraph 5 of the Fifth Schedule as empowering the Governor to enact regulations to prohibit or restrict land transfer among Scheduled Tribes in such areas.
- Shows the source of the prohibition is constitutional (Article 244 and the Fifth Schedule), tying Fifth Schedule status to legal restrictions on transfers.
- Provides a concrete example of state-level regulations under the Fifth Schedule that prohibit all transfers of land to non-tribals in Scheduled Areas.
- Illustrates how Fifth Schedule designation has been used in law to bar transfer of tribal land to non-tribals.
- Shows a statutory example (OSATIP amendment) making any transfer of immovable property by a tribal in favour of a non-tribal null and void, demonstrating enforcement of transfer prohibitions.
- Supports the point that protective measures under laws associated with Scheduled Areas can prevent transfers to non-tribals.
Defines that the Fifth Schedule deals with administration and control of scheduled areas and scheduled tribes (outside the four NE states).
A student could look up what 'administration and control' under the Fifth Schedule specifically empowers (e.g., Governor/Regulations) to see if transfer restrictions are included.
Contrasts the Fifth and Sixth Schedules and highlights that different constitutional regimes apply to scheduled areas vs tribal areas in certain NE states.
Compare Fifth Schedule provisions with Sixth Schedule autonomous-district rules to infer whether land-transfer restrictions are a characteristic of one schedule vs the other.
Gives concrete examples of state-level legal safeguards that restrict transfer of tribal land to non-tribals (Gujarat, Odisha, Rajasthan, West Bengal).
A student could infer that transfer restrictions often arise from state laws and then check whether Fifth Schedule placement mandates, permits, or supplements such state laws.
Explains that the Sixth Schedule provides special administrative provisions for certain tribal areas, implying constitutional schedule choice affects governance models.
Use this pattern to test whether being placed under a particular Schedule (Fifth vs Sixth) changes the legal mechanisms available to prevent land transfer.
This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.
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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.
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.
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