Previous Year Question
Consider the following statements:
With reference to the Constitution of India, if an area in a State is declared as a Scheduled Area under the Fifth Schedule:
The State Government loses its executive power in such areas and a local body assumes total administration.
The Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the Governor.
Which of the statements given above is/are correct?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Correct Answer: D
Detailed Solution
Statement 1 is incorrect. When an area is declared a Scheduled Area under the Fifth Schedule, the State Government does not lose its executive authority. Administration continues under the State Government, subject to special constitutional arrangements intended to protect Scheduled Tribes and their resources.
Article 244(1) applies the Fifth Schedule to the administration of Scheduled Areas and Scheduled Tribes in States other than Assam, Meghalaya, Tripura and Mizoram. The specified tribal areas of these four north-eastern States are principally governed under the Sixth Schedule.
A Gram Sabha, Panchayat or another local body may receive significant powers under the PESA Act, but it does not assume the entire administration of the Scheduled Area from the State Government.
Statement 2 is also incorrect. The Fifth Schedule does not confer a general power upon the Union Government to take over the entire administration of a Scheduled Area on the Governor’s recommendation.
Under Paragraph 3 of the Fifth Schedule, the Governor submits an annual report, or a report whenever required by the President, regarding the administration of Scheduled Areas. The executive power of the Union extends to giving directions to the State concerning the administration of these areas. This does not amount to an automatic takeover of the entire administration by the Union.
The Governor possesses certain special powers under the Fifth Schedule. The Governor may direct that an Act of Parliament or the State Legislature shall not apply to a Scheduled Area or shall apply subject to specified exceptions and modifications. The Governor may also make regulations for peace and good government in Scheduled Areas, including restrictions on tribal land transfers, regulation of land allotment and control of moneylending. Such regulations require the President’s assent.
The Governor consults the Tribes Advisory Council on matters concerning the welfare and advancement of Scheduled Tribes. The President has the power to declare an area as a Scheduled Area and alter its boundaries. Despite these special arrangements, administration remains with the State.