UPSC Prelims 2022 · Question 73 of 98
UPSC Prelims 2022 question on Fifth Schedule Effects
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?
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Answer: A. This would prevent the transfer of land of tribal people to non-tribal people.
The Indian Constitution provides autonomy to tribal areas under the Fifth and Sixth Schedules. The Fifth Schedule provides Special Provisions for Scheduled Areas.
Under the Fifth Schedule, the Governor may make regulations to prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area. This was further fortified by the Samatha v. State of Andhra Pradesh & Ors (1997) judgment where the Supreme Court declared that the transfer of tribal land to private parties for mining was null and void.
The Fifth Schedule does NOT create a local self-governing body (that's the Sixth Schedule for tribal areas in NE India), does NOT convert the area into a Union Territory, and does NOT make a state a Special Category State.
Hence Option (a) — This would prevent the transfer of land of tribal people to non-tribal people — is the correct answer.