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
Full viewThis 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.
- Identifies Scheduled Areas as those in the Fifth Schedule and states they were not covered by the 73rd Amendment/Panchayati Raj Act.
- Says PESA was enacted to ensure self-governance in Scheduled Areas, implying the Fifth Schedule designation alone did not create local self-governing bodies.
- Explains that PESA defines Scheduled Areas with reference to Article 244 and that PESA was needed for governance arrangements.
- States explicitly that 'The Act extended the provisions of Panchayats to the tribal areas of ten states that have Fifth Schedule Areas', showing panchayat powers were added by legislation, not by the Schedule itself.
- Notes that the law relating to local self governance in Fifth Schedule areas is examined separately, 'primarily through village panchayats'.
- Mentions the 73rd Amendment gave panchayats constitutional status across the country, implying separate treatment/legislation is relevant for Fifth Schedule areas.
States that the Fifth Schedule deals with administration and control of Scheduled Areas and that the Union can give directions to States regarding administration of those areas.
A student could combine this with the constitutional division of powers to infer that administration under the Fifth Schedule is a special supervisory regime rather than an automatic provision creating local bodies.
Explains that the Fifth Schedule provides a special system of administration for 'scheduled areas' (distinct from the Sixth Schedule).
One could check whether 'special system of administration' language elsewhere equates to creation of local self-government or instead to different executive arrangements.
States that 'local government' is an item in the State List (Entry 5) and that Panchayati Raj is established by state acts, indicating local government is primarily a state responsibility.
A student could use this to test whether bringing an area under a Centre-directed schedule would supersede the state's role in creating local bodies.
Specifies that Part IX (Panchayats) is not applicable to Fifth Schedule areas, but Parliament may extend those provisions by law (PESA Act 1996 extension).
From this, one can infer that Fifth Schedule status does not automatically apply standard Panchayat provisions; one should check whether special legislation (like PESA) or state laws are required to create local bodies there.
Reminds that local government/self-government is an exclusive State subject so the Union cannot unilaterally create local government rights and liabilities.
A student can combine this constitutional allocation with Fifth Schedule powers to reason that bringing an area under the Fifth Schedule likely changes administrative control but does not by itself create statutory local self-government without state/Parliament action.
- States that the President may declare areas to be 'scheduled areas' only after consultation with the Governor of that State, showing the designation is made with respect to a State.
- Use of the Governor/State in the process implies the area remains tied to state administration rather than becoming a separate Union Territory.
- Notes that Paragraph 5 of the Fifth Schedule requires the Governor to enact Regulations for the area, indicating a continuing role for the State Governor in governance.
- Governor-led regulatory powers point to administration within the state's constitutional framework rather than conversion into a Union Territory.
- Explains that Article 244 read with the Fifth Schedule provides special arrangements for areas inhabited by Scheduled Tribes, framing scheduled areas as a constitutional arrangement.
- Describing the Fifth Schedule as providing arrangements (not territorial reclassification) supports that designation does not itself convert areas into Union Territories.
Says the Fifth Schedule deals with administration of Scheduled Areas and that 'the executive power of the Union shall extend to giving directions to the respective States regarding the administration of the Scheduled Areas' — implying central oversight but directions are given to States.
A student could use this to argue that Fifth Schedule confers central supervisory powers while the area remains within the State unless a separate constitutional step creates a Union Territory.
Explains Article 244 envisages a special system for 'scheduled areas' and that the Fifth Schedule applies to scheduled areas in States (except certain NE states).
Combine this with the constitutional distinction between 'states' and 'union territories' to test whether merely being a 'scheduled area' changes the territorial category.
Defines the territory of India as comprising states and union territories and states that union territories are directly under Central administration (centrally administered territories).
A student could contrast the formal category/definition of a union territory (centrally administered unit) with the Fifth Schedule's mechanism (direction to States) to see if Fifth Schedule effects match those needed to convert territory type.
Describes how Union Territories have been created historically (constitutional amendments and reorganisation acts), indicating a formal legal process to create or convert union territories.
Use this pattern to infer that conversion to a Union Territory likely requires constitutional/statutory action rather than mere application of a Schedule.
Notes that certain provisions (like Part on Panchayati Raj) are applicable to Union Territories but that scheduled areas and tribal areas are exceptions and Parliament may extend provisions subject to modifications.
A student could use these exception/extension rules to argue that scheduled areas are treated differently from Union Territories and that specific parliamentary action is needed to align rules, supporting the idea that Fifth Schedule status doesn't automatically equal UT status.
States having Fifth Schedule areas are administered under special constitutional provisions (Article 244/Fifth Schedule) distinct from ordinary state administration.
A student could compare the constitutional basis for 'special administration' (Fifth Schedule) with the separate criteria used historically to designate 'Special Category States' (economic/remoteness factors) to see if they overlap.
The PESA note shows that Fifth Schedule status affects applicability of other constitutional provisions (e.g., Part IX Panchayats) and that Parliament can enact special extension laws; it also lists ten states that contain Fifth Schedule areas.
Using the list of ten states, a student can check whether those states have ever been or are currently classified as Special Category States — if many are not, that weakens a causal link.
The Fifth Schedule applies to 'Scheduled Areas' (outside the four NE states) for reasons like 'backwardness of the people', indicating its purpose is administrative/protective for tribal/backward areas rather than elevating whole states to a special funding/status category.
A student can contrast the Fifth Schedule's stated rationale (tribal/backward areas) with official criteria for Special Category status (which relate to economic development, terrain, and connectivity) to assess alignment.
Snippet fragment indicates that bringing an area under the Fifth Schedule is an act concerning a particular area, implying it is an area-level designation rather than necessarily changing the constitutional status of the entire state.
One could use this to argue that designation is granular (area-level); checking lists of Special Category States (state-level) would test whether area-level designation triggers state-level status.
The Sixth Schedule is explicitly distinguished from the Fifth Schedule and is applied to whole tribal areas in certain northeastern states for specific administrative reasons, showingSchedules are tied to administration of areas rather than to broad fiscal/state categories.
Compare how Fifth/Sixth Schedule classifications function administratively with separate governmental criteria for Special Category States (policy/fiscal) to evaluate whether they are the same kind of designation.
- [THE VERDICT]: Sitter. Direct hit from Laxmikanth Chapter 42 ('Scheduled and Tribal Areas') or the Bare Act.
- [THE CONCEPTUAL TRIGGER]: Article 244. The functional difference between 'Administration & Control' (5th Schedule) vs 'Autonomy' (6th Schedule).
- [THE HORIZONTAL EXPANSION]: Memorize Para 5 powers (Governor can suspend/modify Parliament/State laws); Tribes Advisory Council (TAC) composition (3/4th ST MLAs); The 'Samatha Judgment' (1997) regarding mining on tribal land; PESA 1996 specific powers (Gram Sabha vs Land Alienation).
- [THE STRATEGIC METACOGNITION]: Do not just memorize the list of 10 states. Ask 'Why does this Schedule exist?' Answer: To prevent exploitation (Land Alienation). The Sixth Schedule exists for 'Self-Rule' (ADCs). This distinction solves the question.
The Constitution separates administration of scheduled areas and tribal areas into the Fifth Schedule (general scheduled areas) and the Sixth Schedule (tribal areas in four north-eastern states).
High-yield for UPSC because many questions hinge on which constitutional provisions apply to tribal areas; helps link to federalism, special provisions, and administration. Mastering this clarifies which legal regimes and protections might apply and enables answering comparative questions on tribal governance.
- 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
State-level and statutory safeguards can restrict transfer of tribal land by sale or other means, sometimes barring transfer to non-tribals.
Important for polity and land-reform questions: explains that protection of tribal land often arises from specific laws and safeguards rather than a single constitutional label. Useful for questions on land alienation, tribal welfare legislation, and state versus central roles.
- Geography of India ,Majid Husain, (McGrawHill 9th ed.) > Chapter 15: Regional Development and Planning > Areas of Development > p. 36
- Indian Economy, Nitin Singhania .(ed 2nd 2021-22) > Chapter 10: Land Reforms in India > Land Reforms in Kerala: > p. 345
Tribal areas in Assam, Meghalaya, Tripura and Mizoram are administered under special autonomous arrangements in the Sixth Schedule.
Valuable for UPSC because it links constitutional schedules to practical governance arrangements (autonomous districts), affecting tribal land and local governance questions. Knowing this aids in answering questions comparing administrative regimes across regions.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 42: Scheduled and Tribal Areas > ADMINISTRATION OF TRIBAL AREAS > p. 416
- 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
The Fifth Schedule provides a special administrative framework for Scheduled Areas and empowers the Union to give directions to States about their administration.
High-yield for questions on special constitutional provisions for tribal/scheduled areas; connects directly to Part X (Article 244) and contrasts with the Sixth Schedule. Understanding this helps answer questions about centre–state powers, special regimes, and administrative controls.
- 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
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 42: Scheduled and Tribal Areas > Scheduled and Tribal Areas > p. 415
Provisions of Part IX (the Panchayat system) are not automatically applicable to Fifth Schedule areas; Parliament may extend them with exceptions and modifications, which it did through the PESA Act 1996.
Essential for questions about the applicability of constitutional amendments and extension laws to special areas; links to tribal self-governance debates and legislative competence of Parliament vs. States. Enables tackling MCQs and mains questions on PESA, decentralisation, and differential application of Part IX.
- 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
Local government (including Panchayats and Municipalities) is an exclusive State subject under Entry 5 of the State List, so States legislate to create local bodies.
Crucial for understanding federal distribution of powers and how local bodies are constituted; connects to the 73rd Amendment, state legislative practice, and questions on centre–state legislative limits. Helps in essay and polity questions on decentralisation and legal competence.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 17: THE NEW SYSTEM OF PANCHAYATS, MUNICIPALITIES, AND CO-OPERATIVE SOCIETIES > Special features of the new system. > p. 316
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 39: Panchayati Raj > Panchayati Raj > p. 383
The Fifth Schedule creates a scheme for administration and control of scheduled areas and scheduled tribes in states (except certain north-eastern states) and gives the Union power to direct state administration of those areas.
High-yield for constitutional law and federalism questions: distinguishes a special administrative regime for tribal/scheduled areas from a change in territorial status. Connects to Article 244 and central-state relations, and enables analysis of when central intervention alters governance versus territorial classification.
- 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
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 42: Scheduled and Tribal Areas > Scheduled and Tribal Areas > p. 415
The Governor's Report: The Governor of a state with Scheduled Areas MUST submit a report to the President annually (or whenever required) regarding the administration of that area. The Executive Power of the Union extends to giving directions to the State regarding this administration.
Use the 'State Status' Logic: Maharashtra and Andhra Pradesh have Fifth Schedule areas but are definitely NOT 'Special Category States' (Option D) nor 'Union Territories' (Option C). Option B describes the Sixth Schedule (ADCs). Option A is the only 'Protective' mechanism left.
Mains GS-3 (Internal Security): Land alienation in tribal areas is cited as the primary root cause of Left Wing Extremism (Naxalism). The Fifth Schedule is the constitutional 'Safety Valve' designed to prevent the very grievances that fuel insurgencies.