Question map
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
Full viewThis 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.
- Specifically cites the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), indicating special statutory arrangements apply to Scheduled Areas rather than simple transfer of total administration to ordinary local bodies.
- Presence of a separate Part II on PESA implies that extension/role of panchayats in Scheduled Areas is governed by distinct provisions and consultation requirements.
- Defines local bodies as institutions that 'look after the administration of an area', establishing their general administrative role.
- Used with the PESA citation, this suggests local bodies have administrative functions but does not by itself demonstrate they automatically assume total administration in Scheduled Areas.
- Notes that declaring a municipality in a Scheduled Area raises specific procedural safeguards and legal questions, indicating that ordinary municipal declaration/administration in Scheduled Areas is subject to additional constraints.
- The cited judicial difficulty about the scope of 'Scheduled Area' underscores that administration in such areas is not a straightforward matter of local bodies simply assuming total control.
States that the executive power of the Union extends to giving directions to States regarding administration of Scheduled Areas (Fifth Schedule, para 3).
A student could use this to infer that administration is subject to central directions and therefore not automatically surrendered entirely to local bodies; check whether local bodies are given exclusive control or operate under state/Union directions.
Notes that Part IX (Panchayats) is not applicable to Fifth Schedule areas unless Parliament extends it, and Parliament enacted PESA with exceptions/modifications.
A student could use this to argue that local self-government is not automatically operative in Fifth Schedule areas and must be specifically extended/modified, so total local administration is not implied without such extension.
Reiterates that Panchayat provisions are not automatically applicable to Fifth Schedule areas but may be extended by Parliament with exceptions/modifications (PESA Act example).
Use this to test whether a particular Scheduled Area has had Panchayat provisions extended/amended locally; absence of extension weakens claim of total local administration.
Explains that the Fifth Schedule provides a special system of administration for 'scheduled areas' (distinct constitutional regime).
A student could compare the special system's features with ordinary local-body powers to judge if ordinary/local bodies would assume total administration or if special controls remain.
Contains a test-item claiming notification as Scheduled Area is by Presidential Order and describes administrative units (district down to village cluster) used in Scheduled Areas.
One could check whether the legal/administrative demarcation (President's notification and district-level designation) implies continued state/Union-level administrative roles versus full transfer to local bodies.
- Explicitly states the Governor may place the administration of a Scheduled Area 'under the Commission ... or any other body' for a limited period, showing transfer of administration is permitted.
- Shows a mechanism by which local administration can be superseded and entrusted to another authority for up to twelve months.
- Indicates the President (head of the Union) has oversight: the Governor must report to the President 'annually, or whenever so required by the President' regarding administration of Scheduled Areas.
- Supports the view that the Union (through the President) has authority to intervene in administration of Scheduled Areas.
- Records that the central authority can 'rescind, in relation to any State or States, any order or orders made under this paragraph', implying central power to alter administrative orders affecting Scheduled Areas.
- Indicates the Union (in consultation with the Governor) can overturn state-level orders relating to Scheduled Areas, consistent with potential takeover or control.
States that '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) — establishes a specific Union role over administration.
A student could combine this with the general constitutional practice that the Union can direct states (and, in extreme cases, assume control via Article 356) to test whether similar or stronger takeover powers exist in other parts/paras of the Fifth Schedule.
Mentions that notification of an area as a Scheduled Area takes place through an Order of the President — indicates presidential/Union involvement in designating such areas.
A student might check whether presidential notification powers imply accompanying Union powers to assume more direct administration under special circumstances (e.g., by comparing relevant Fifth Schedule paras or related Articles).
Explains that Part IX (Panchayats) is not applicable to Fifth Schedule areas unless Parliament extends it, showing Fifth Schedule allows special, exceptional legislative/administrative arrangements for these areas.
One could infer the Schedule contemplates exceptional measures and so examine whether those exceptional measures include Union takeover powers (by reviewing the Schedule's other provisions or related constitutional articles).
Defines the Fifth Schedule as providing a special system of administration and control for Scheduled Areas, distinguishing it from the Sixth Schedule — suggests unique administrative rules apply to these areas.
A student could compare the special administrative system in the Fifth Schedule with other constitutional provisions (e.g., Article 356 or specific paras of the Fifth Schedule) to judge if 'taking over' is contemplated.
- States that the Governor must report to the President regarding administration of Scheduled Areas.
- Specifies that the executive power of the Union extends to giving directions to the State as to administration of those areas — indicating Union authority to intervene.
- Confirms the Governor of each State having Scheduled Areas must report to the President about administration of those areas.
- Shows the constitutional mechanism centers on reporting to the President and Union directions, without stating a takeover occurs on the Governor's recommendation.
States that under the Fifth Schedule the executive power of the Union extends to giving directions to respective States regarding administration of Scheduled Areas (showing a specific Union role in administration).
A student could look up the specific Fifth Schedule paragraph that empowers Union directions and then check whether that provision links such Union intervention to any Governor recommendation.
Notes that the Governor can issue notifications affecting the application of Acts of Parliament to any Scheduled Area (showing an express power of the Governor under the Fifth Schedule).
A student could examine related Fifth Schedule paragraphs to see whether Governor notification powers are accompanied elsewhere by a power to recommend Union takeover.
Explains that under Article 356 the Governor has power to recommend dismissal of a State government leading to Union takeover (provides an analogous constitutional mechanism where Governor recommendation triggers Union administration).
A student could compare the Article 356 procedure (Governor recommendation → President's rule) with any Fifth Schedule procedure to see if a similar recommendation step exists for Scheduled Areas.
Lists specific discretionary functions of Governors under constitutional schedules (showing Governors may have schedule-specific discretionary roles).
A student could consult the Fifth Schedule text to determine whether any discretionary Governor function includes recommending Union takeover of administration.
Shows Parliament and central legislation (e.g., PESA extension) can modify governance in Fifth Schedule areas (illustrating overlapping roles of Parliament/Union and state/Governor in these areas).
A student could use this to infer that Union involvement in Scheduled Areas is established and then check if such involvement is activated specifically by a Governor recommendation.
- [THE VERDICT]: Trap (Extreme Wording). Standard Polity sources (Laxmikanth Ch 42/Basu) clarify this, but the phrases 'loses executive power' and 'total administration' are bait.
- [THE CONCEPTUAL TRIGGER]: Asymmetric Federalism & Article 244 (Administration of Scheduled Areas).
- [THE HORIZONTAL EXPANSION]: Memorize the Power Hierarchy: 1) President declares areas (Para 6). 2) Union gives directions to State (Para 3). 3) Governor modifies laws/makes regulations (Para 5). 4) Tribal Advisory Council advises (Para 4). Contrast this with Sixth Schedule where District Councils have legislative/judicial powers.
- [THE STRATEGIC METACOGNITION]: When studying Special Areas, always ask: 'Does the State Government exit the building?' In the Fifth Schedule, the answer is NO. The State remains the administrator, but operates under a tighter leash (Union directions + Governor's special responsibility).
Fifth Schedule empowers the Union to give directions to State governments about administration of Scheduled Areas, affecting the exercise of executive authority there.
High-yield for federalism and tribal administration questions: explains a central intervention mechanism that alters the usual Centre–State executive relationship in specific territories. Mastering this helps answer questions on Article 244, Fifth Schedule provisions, and conflicts between central directives and State administration.
- 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
Governor may, by notification, bar or modify the application of Acts of Parliament to any Scheduled Area (Para 5, Fifth Schedule), creating special legal-administrative arrangements.
Important for questions on the territorial application of central legislation and special constitutional exceptions: links to Article 240/244 and the mechanics of how laws may be adapted for Scheduled Areas. Useful when evaluating the scope of central and local powers.
- 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
Part IX provisions on Panchayats do not apply to Fifth Schedule areas unless Parliament extends them, exemplified by the PESA Act, 1996.
High relevance for governance, decentralization, and tribal autonomy topics: shows statutory exceptions to uniform local governance, connects constitutional schedules to subsequent parliamentary legislation, and supports analysis of State-level administrative variation in Scheduled Areas.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 39: Panchayati Raj > PESA ACT OF 1996 (EXTENSION ACT) > p. 393
Fifth Schedule empowers the Union to give directions to State administrations regarding the administration of Scheduled Areas.
High-yield for questions on special constitutional provisions and centre–State relations; clarifies that administration of Scheduled Areas involves Union oversight and is not purely local. Useful for linking federalism, executive power and special protections for tribal areas.
- 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
Part IX (Panchayats) does not automatically apply to Fifth Schedule areas; Parliament can extend it with exceptions and enacted the PESA (1996) for such extension.
Essential for questions on decentralisation and tribal governance: explains why local bodies do not by default assume full administration and how Parliament/state law can modify applicability. Connects to subjects like local self-government, tribal rights and legislative competence.
- 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
Fifth Schedule deals with Scheduled Areas generally, while Sixth Schedule provides autonomous district arrangements for Assam, Meghalaya, Tripura and Mizoram.
Helps answer comparative questions about constitutional treatment of tribal areas and autonomy. Links to topics on special governance arrangements, autonomous councils and regional constitutional provisions.
- 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
Fifth Schedule provides the special administrative framework for Scheduled Areas (excludes Assam, Meghalaya, Tripura, Mizoram).
High-yield for UPSC questions on tribal administration and constitutional special provisions; connects directly to Article 244 and the distinction between Fifth and Sixth Schedules, enabling candidates to answer questions on which constitutional mechanism governs particular tribal areas.
- 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
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 42: Scheduled and Tribal Areas > Scheduled and Tribal Areas > p. 415
The Tribal Advisory Council (TAC). While mandatory in States with Scheduled Areas, the President can also direct a State having Scheduled Tribes but NO Scheduled Areas to establish a TAC. This 'non-area' jurisdiction is a likely future trap.
The 'Sovereignty Filter'. In the Indian Constitution, no local body ever assumes 'total administration' (Statement I) independent of the State/Union—that would create a parallel sovereign state. Similarly, 'Union takeover' (Statement II) is reserved for Emergency (Art 356), not standard Scheduled Area governance. Extreme words like 'Total' + 'Loses' = Incorrect.
Mains GS-3 (Internal Security): The failure to implement the 'Union Directions' and PESA provisions in Fifth Schedule areas is often cited as a primary driver of Left Wing Extremism (Naxalism). Use this constitutional failure as a root cause in security answers.