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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?
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] http://tribal.nic.in/downloads/FRA/5.%20Land%20and%20Governance%20under%20Fifth%20Schedule.pdf
PROVENANCE & STUDY PATTERN
Guest previewThis is a classic 'Definition Trap' question. It tests if you understand the nuance between 'Union Directions' (supervision) and 'Union Takeover' (displacement). The strategy is to read Constitutional Schedules not just for lists, but for the hierarchy of power they establish.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Under the Constitution of India (Fifth Schedule), does the State Government lose its executive power in an area declared a Scheduled Area?
- Statement 2: Under the Constitution of India (Fifth Schedule), do local bodies assume total administration of an area declared a Scheduled Area?
- Statement 3: Under the Constitution of India (Fifth Schedule), can the Union Government take over the total administration of a Scheduled Area under certain circumstances?
- Statement 4: Under the Constitution of India (Fifth Schedule), is a Union Government takeover of the administration of a Scheduled Area carried out on the recommendation of the Governor?
- 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.
- 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.
Says the executive power of the Union extends to giving directions to the States regarding administration of Scheduled Areas (Fifth Schedule, para 3).
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.
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).
One could infer that special modification mechanisms exist (Governor notifications) and test whether analogous provisions constrain or preserve state executive functions in Scheduled Areas.
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).
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.
Explains that the Fifth Schedule deals with administration and control of Scheduled Areas in most States (Article 244 context).
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.
Distinguishes Fifth and Sixth Schedule arrangements, implying different special administrative measures apply in different regions.
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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This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.
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