Q. If a Particular area is brought unde the Fifth Schedule of the Constitution of India, which one of the following statement best reflects the consequence of it?
a) This would prevent the transfer of land of tribal people to non-tribal people.
b) This would create a local self- governing body in that area.
c) This would convert that area into a Union Territory.
d) The State having such areas would be declare a Special Category State.
Correct Answer: a) This would prevent the transfer of land of tribal people to non-tribal people.
Question from UPSC Prelims 2022 GS Paper
Explanation :
Fifth Schedule of the Indian Constitution
The Fifth Schedule of the Constitution of India is crucial for the administration and control of Scheduled Areas and Scheduled Tribes in India. It provides a framework for protecting the rights and culture of indigenous tribal populations, excluding the states of Assam, Meghalaya, Tripura, and Mizoram, which are covered by the Sixth Schedule.
Prevention of Land Transfer
A key aspect of the Fifth Schedule is the prevention of land transfers from tribal people to non-tribal people. The Governor has the authority to regulate land transactions to protect tribal interests and prevent exploitation.
Governance by Tribes Advisory Council
The establishment of a Tribes Advisory Council is mandated for advising on tribal welfare and advancement. This council is composed primarily of representatives from the Scheduled Tribes.
Governor’s Special Powers
The Governor is endowed with special powers to make regulations for maintaining peace and good governance within Scheduled Areas. These may include restrictions on the sale of products or regulation of money-lending.
Discretion of the Governor to Apply Laws
The Governor can decide whether any law applies to Scheduled Areas, allowing for modifications or exceptions to cater to the unique needs of these regions.
Report to the President
An annual report, or as needed, is submitted to the President of India concerning the administration of Scheduled Areas, keeping the central government informed.
