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Which of the following state- ments relating to the Fifth Schedule of the Constitution of India is not correct?
Explanation
The Fifth Schedule of the Constitution of India provides for the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram [2]. Under Paragraph 4 of this Schedule, Tribes Advisory Councils must be established to advise on tribal welfare [5]. Paragraph 3 requires the Governor of each state with Scheduled Areas to submit annual reports to the President regarding their administration [3]. Crucially, Paragraph 5 specifically empowers the Governor to make regulations to prohibit or restrict the transfer of land by or among members of the Scheduled Tribes and to regulate land allotment [4]. Therefore, the statement claiming the Governor is not authorized to make such regulations is incorrect, as the Governor possesses significant discretionary power to protect tribal land rights through these regulations.
Sources
- [1] 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
- [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 42: Scheduled and Tribal Areas > Scheduled and Tribal Areas > p. 415
- [3] https://www.mea.gov.in/images/pdf1/s5.pdf
- [4] http://tribal.nic.in/FRA/data/LandandGovernanceunderFifthSchedule.pdf