Q. Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?
- Third Schedule
- Fifth Schedule
- Ninth Schedule
- Twelfth Schedule
Answer: (b) Fifth Schedule
Notes:
- Grant of mineral concessions in Scheduled Areas is guided by the provisions contained in Article 244 along with Fifth and Sixth Schedules to the Constitution relating to administration of the Scheduled Areas and Tribal Areas and the provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 or any other relevant statutory acts protecting the interests of tribals.
- Under the Fifth Schedule, the Governor may by public notification, direct that any particular Act of Parliament or of the Legislature of the State, shall or shall not apply to a Scheduled Area or any part thereof in the State.
- Thus, under Fifth Schedule, transfer of tribal land to private parties for mining can be declared null and void.