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Q56 (IAS/2025) Polity & Governance › Federalism & Emergency Provisions › Fifth Schedule areas Answer Verified

Consider the following statements : With reference to the Constitution of India, if an area in a State is declared as Scheduled Area under the Fifth Schedule I. the State Government loses its executive power in such areas and a local body assumes total administration II. the Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the Governor Which of the statements given above is/are correct?

Result
Your answer:  ·  Correct: D
Explanation

Neither statement I nor II is correct.

**Statement I is incorrect** because the executive power of the Central government extends to giving directions to the State government for the administration of Scheduled Areas[1], meaning the State government retains its executive power but operates under Central oversight. The State does not lose its executive power, nor does a local body assume total administration.

**Statement II is also incorrect** regarding the Union Government taking over "total administration." While the Governor of each State having Scheduled Areas must annually, or whenever required by the President, make a report to the President regarding the administration of the Scheduled Areas[2], and the executive power of the Union extends to giving directions to the State as to the administration of the said areas[3], this represents directional authority rather than a complete takeover of administration. The Constitution provides for Central directions and oversight, not a mechanism for the Union to assume "total administration" of Scheduled Areas.

Sources
  1. [1] http://tribal.nic.in/downloads/FRA/5.%20Land%20and%20Governance%20under%20Fifth%20Schedule.pdf
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Q. Consider the following statements : With reference to the Constitution of India, if an area in a State is declared as Scheduled Area und…
At a glance
Origin: Mostly Current Affairs Fairness: Low / Borderline fairness Books / CA: 0/10 · 10/10
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Statement 1
Under the Constitution of India (Fifth Schedule), does the State Government lose its executive power in an area declared a Scheduled Area?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"the Executive power of the Central government will extend to the giving of directions to the State government for the administration of these areas. ... In Scheduled Areas, however, the executive power of the Central government extends to ALL subject matters, even those which are within"
Why this source?
  • States that the Central government’s executive power 'will extend to the giving of directions to the State government for the administration of these areas', showing Centre gains broad control.
  • Explicitly contrasts Scheduled Areas with non-Scheduled Areas by saying the Centre’s executive power in Scheduled Areas 'extends to ALL subject matters', including those normally within State domain.
  • This wording indicates the Centre can intervene across subjects in Scheduled Areas rather than the State having exclusive executive authority there.
Web source
Presence: 3/5
"In this Constitution, the expression “Scheduled Areas” means such areas as the President may by order declare to be Scheduled Areas."
Why this source?
  • Shows the constitutional mechanism by which areas become 'Scheduled Areas' (the President may declare areas by order), providing the basis for the special executive provisions.
  • Establishes that Fifth Schedule confers special status on such areas, which enables the exceptional executive arrangement described in other passages.

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
Strength: 5/5
“I. The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes in States other than Assam, Meghalaya, Tripura and Mizoram. The main features of the administration provided in this Schedule are as follows: The executive power of the Union shall extend to giving directions to the respective States regarding the administration of the Scheduled Areas [Fifth Schedule, para 3].”
Why relevant

Says the executive power of the Union extends to giving directions to the States regarding administration of Scheduled Areas (Fifth Schedule, para 3).

How to extend

A student could combine this with basic understanding of federal/union competence to ask whether 'power to give directions' implies complete displacement of state executive authority or only supervisory/overriding powers in specific matters.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 24: DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS > Territorial Extent of Union and State Legislation. > p. 376
Strength: 4/5
“Regulations may be made by the President to have the same force as Acts of Parliament and such regulations may repeal or amend a law made by Parliament in relation to such Territory [Article 240(2)]. (ii) The application of Acts of Parliament to any Scheduled Area may be barred or modified by notifications made by the Governor [Para 5 of the Fifth Schedule.] 2 (iii) Besides, the Governor of Assam may, by public notification, direct that any other Act of Parliament shall not apply to an autonomous district or an”
Why relevant

Notes that application of Acts of Parliament to any Scheduled Area may be barred or modified by notifications made by the Governor (Para 5 of the Fifth Schedule).

How to extend

One could infer that special modification mechanisms exist (Governor notifications) and test whether analogous provisions constrain or preserve state executive functions in Scheduled Areas.

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 39: Panchayati Raj > PESA ACT OF 1996 (EXTENSION ACT) > p. 393
Strength: 4/5
“The provisions of Part IX of the constitution relating to the Panchayats are not applicable to the Fifth Schedule areas. However, the Parliament may extend these provisions to such areas, subject to such exceptions and modifications as it may specify. Under this provision, the Parliament has enacted the "Provisions of the Panchayats (Extension to the Scheduled Areas) Act~, 1996, popularly known as the PESA Act or the Extension Act. At present, ten states have Fifth Schedule Areas. These are: Andhra Pradesh, Telangana, Chhatisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan. All the ten states have enacted requisite compliance legislations by amending the respective Panchayati Raj Acts.”
Why relevant

States that provisions of Part IX (Panchayats) are not applicable to Fifth Schedule areas unless Parliament extends them with exceptions and modifications (PESA Act example).

How to extend

A student may generalize that certain State-level institutions/legislation can be excluded or modified in Scheduled Areas, then investigate whether that selective exclusion equates to loss of overall executive power by the State.

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 42: Scheduled and Tribal Areas > Scheduled and Tribal Areas > p. 415
Strength: 3/5
“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

Explains that the Fifth Schedule deals with administration and control of Scheduled Areas in most States (Article 244 context).

How to extend

Use this as a rule that the Fifth Schedule creates a distinct administrative regime—then check whether that regime centralizes executive authority at Union level or creates shared/modified authority with States.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 42: Scheduled and Tribal Areas > ADMINISTRATION OF TRIBAL AREAS > p. 416
Strength: 2/5
“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

Distinguishes Fifth and Sixth Schedule arrangements, implying different special administrative measures apply in different regions.

How to extend

A student could compare the nature of special provisions under Fifth vs Sixth Schedule (using external sources) to judge whether Fifth Schedule typically removes or only modifies State executive powers.

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Statement analysis

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SIMILAR QUESTIONS

IAS · 2023 · Q39 Relevance score: 5.27

With reference to 'Scheduled Areas' in India, consider the following statements : 1. Within a State, the notification of an area as Scheduled Area takes place through an Order of the President. 2. The largest administrative unit forming the Scheduled Area is the District and the lowest is the cluster of villages in the Block. 3. The Chief Ministers of the concerned States are required to submit annual reports to the Union Home Ministry on the administration of Scheduled Areas in the States. How many of the above statements are correct?

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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 · 2019 · Q38 Relevance score: 3.95

Which of the following state- ments relating to the Fifth Schedule of the Constitution of India is not correct?

CDS-II · 2022 · Q22 Relevance score: 3.13

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 · 2023 · Q77 Relevance score: 2.62

Who among the following is given discretionary powers under the Fifth Schedule of the Constitution of India to set up a Tribes Advisory Council in a State which has Scheduled Tribes but not Scheduled Areas?