Q. 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?

  • This would prevent the transfer of land of tribal people to non-tribal people.
  • This would create a local self-governing body in that area.
  • This would convert that area into a Union Territory.
  • The State having such areas would be declared a Special Category State.

Answer: (a) This would prevent the transfer of land of tribal people to non-tribal people.

Notes:
  • The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes residing in any State other than the States of Assam, Meghalaya, Tripura and Mizoram.
  • Governor can make regulations for the peace and good government of a scheduled area after consulting the tribes advisory council. Such regulations may prohibit or restrict the transfer of land by tribal to non tribal members or among members of the scheduled tribes, regulate the allotment of land to members of the scheduled tribes.
  • If a particular area is brought under the Fifth Schedule, it means that all land in Scheduled Area is presumed to have been Adivasi land; hence, not only should no land now pass into the hands of non-Adivasis, but any land presently owned by non-tribal should, if being transferred, come back to the hands of Scheduled Tribes.
  • According to the provisions of Paragraph 4, under Article 244(1) of Fifth Schedule of the Constitution of India, the Tribes Advisory Councils (TAC) shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas. 
    • Tribal advisory council is an advisory body, not a governing body.
  • Law applicable to Scheduled Areas:
    • The Governor is empowered to direct that any particular act of Parliament or of the State legislature does not apply to a Scheduled Area or any part or shall apply with specified modifications and exceptions.
    • The Governor is empowered to make regulations for the peace and good government of a Scheduled Area after consulting the Tribes Advisory Council. Such regulations may
      • Prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such Areas.
      • Regulate the allotment of land to members of the Scheduled Tribes in such Areas.
      • Regulate the carrying on of business as money-lender by persons who lend money to members of the Scheduled Tribes in such Areas.
  • Executive power of State and Centre:
    • The executive power of a State extends to the Scheduled Areas therein.
    • The Governor of each State having Scheduled Areas shall make a report to the President regarding the administration of the Scheduled Areas in that State. 
    • The executive power of the centre extends to giving directions to the State regarding the administration of such Areas.