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5th Schedule Explained using UPSC pre 2022 question


 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? UPSC pre 2022

(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 declared a Special Category State.


Solution 

A


 

Concept - 5th and 6th schedule

 

Intro


Article 244 under Part X --- Envisage---Special system Administration for Certain areas --- SA & TA

 



Schedule[S]

Provisions relating to

Articles

5th

administration & control of

S. areas & ST

 

244

6th

administration of

tribal areas in

Assam,

Meghalaya,

Tripura and

Mizoram

244 & 275

 

Note - AME Tree पर बैठकर मजे से रम पी रही है और Vicks लगा रही है क्यूंकि उन्हें झुखाम हो गया है|

 

Important Case

which is further fortified by the

Samatha v. State of Andhra Pradesh & Ors (1997)

judgment where

the Supreme Court[SC] declared that the transfer of tribal land to private parties for mining was null and void under the Fifth Schedule.

 

Note - Samatha, a group representing the rights of affected tribal persons.

 

Why are Scheduled areas[SA] needed?


because they are inhabited by ‘aboriginals’ who are

socially and economically least developed, and special efforts need to be made to improve their condition.

 

Note ---Central government has somewhat greater responsibility for these areas than State government.


ADMINISTRATION[Admin] OF SCHEDULED AREAS[SA]

 

1. Declaration of Scheduled Areas:-

 

President[P] is empowered to declare any area as SA after consultation with Governor[G].

 

2. Executive Power of State and Centre:

 

The executive power of the State extends to SA and the Centre can give direction for administration of SA.

 

G has to submit report to P regarding Admin of SA.

 

3.Tribes Advisory Council[TAC]:

 

Advice on Welfare & Advancement of ST

 

TAC must be established if the state has SA but even if a state has ST not SA has to establish TAC if P directs.

 

4. Law applicable to Scheduled Areas:

 

G can direct law that doesn't apply to SA or Modify law for SA.

 

G can make regulations after consulting with TAC regarding allotment of land, Business of money lending in SA

 

These regulations can Amend laws but then it needs P assent.

 

Why UN Dhebar Commission, 1960 appointed?

 

To report on Admin of SA and Welfare of ST.

 

Constitution has a provision for it.

 

 Dilip Singh Bhuria commission, 2003 - same purpose.

 

Q-Which are states have Scheduled areas under 5th Schedule?

 

- At present, 10 States namely Andhra Pradesh,

Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand,

Madhya Pradesh, Maharashtra, Odisha, Rajasthan and

Telangana has Fifth Scheduled Areas.

 

Note

 

Andhra .p & Telangana

2014

Chhattisgarh[MP] & Jharkhand

2000

 

With this, we have finished everything you need to know about SA and if you want a video on tribal area administration you can write in the comment section.

 

Even if I get one comment then I will make a separate video for it.

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