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?
(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.
Explanation
The correct answer is: a) This would prevent the transfer of land of tribal people to non-tribal people.
- The Fifth Schedule of the Indian Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes.
- Scheduled Areas are areas with a preponderance of tribal population and marked by economic backwardness compared to neighboring areas.
- The Governor can make regulations to prohibit or restrict the transfer of land by tribal people to non-tribal people in Scheduled Areas.
- The Supreme Court has also ruled that transfer of tribal land to non-tribals in Scheduled Areas is null and void.
- Therefore, bringing an area under the Fifth Schedule prevents the transfer of land from tribal people to non-tribal people in that area.
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Key features of Fifth Schedule areas:
- Aimed at protecting interests of Scheduled Tribes.
- Governor submits annual reports on administration to the President.
- Executive power of Union extends to giving directions to the State.
- Tribal Advisory Council must be established in States having Scheduled Areas.
- Governor can restrict transfer of tribal land, regulate business activities.
- Laws passed by Parliament and State Legislatures can be amended or repealed by Governor to suit local needs.
- Prior consultation with Tribal Advisory Council mandatory for any regulations made by Governor.
So in summary, the Fifth Schedule provides constitutional safeguards to administer and control Scheduled Areas inhabited by vulnerable tribal groups. It prevents exploitation and facilitates socio-economic development of tribal communities.