Previous Year Question
With reference to ‘Scheduled Areas’ in India, consider the following statements:
Within a State, the notification of an area as a Scheduled Area takes place through an Order of the President.
The largest administrative unit forming the Scheduled Area is the District and the lowest is the cluster of villages in the Block.
The Chief Ministers of the concerned States are required to submit annual reports to the Union Home Ministry on the administration of Scheduled Areas in the States.
How many of the above statements are correct?
Only one
Only two
All three
None
Correct Answer: B
Detailed Solution
Statement 1 is correct
Under Paragraph 6 of the Fifth Schedule, the President may declare an area to be a Scheduled Area through an Order.
The President may also, by Order:
Cease to treat the whole or a specified part of a Scheduled Area as such.
Increase the area of a Scheduled Area in a State.
Declare an area to be a Scheduled Area following alteration of State boundaries or formation of a new State.
Rectify or modify the boundaries of a Scheduled Area.
Such an Order is issued after consultation with the Governor of the concerned State. A State Government cannot, by itself, declare an area to be a Scheduled Area.
Statement 2 is correct
The Government of India generally applies the following criteria for declaring Scheduled Areas:
Preponderance of tribal population.
Compactness and reasonable size of the area.
Underdeveloped nature of the area.
Marked disparity in the economic condition of the people.
The largest administrative unit forming a Scheduled Area is ordinarily a district, while the smallest unit is a cluster of villages within a block. The general approach is to include a compact and administratively viable tribal area rather than an isolated individual village.
Statement 3 is incorrect
The annual report on the administration of Scheduled Areas is not submitted by the Chief Minister to the Union Home Ministry.
Under Paragraph 3 of the Fifth Schedule, the Governor of every State having Scheduled Areas submits a report on their administration to the President, annually or whenever the President so requires.
The executive power of the Union extends to issuing directions to the concerned State regarding the administration of Scheduled Areas. The references to the Chief Minister and the Union Home Ministry in the statement are therefore incorrect.
Coverage of the Fifth Schedule
The Fifth Schedule concerns the administration and control of Scheduled Areas and Scheduled Tribes. It does not apply to the tribal areas of Assam, Meghalaya, Tripura and Mizoram governed by the Sixth Schedule.
Scheduled Areas under the Fifth Schedule presently exist in ten States:
Andhra Pradesh
Telangana
Chhattisgarh
Gujarat
Himachal Pradesh
Jharkhand
Madhya Pradesh
Maharashtra
Odisha
Rajasthan
Special powers of the Governor
Under Paragraph 5, the Governor may direct that an Act of Parliament or of 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 the peace and good government of Scheduled Areas, particularly to:
Prohibit or restrict transfers of land by members of Scheduled Tribes.
Regulate the allotment of land to tribal members.
Regulate money-lending businesses dealing with Scheduled Tribes.
Such a regulation does not take effect until it receives the assent of the President.
Tribes Advisory Council
A Tribes Advisory Council is established in every State having Scheduled Areas. It may consist of up to 20 members, approximately three-fourths of whom should, as far as possible, be representatives of Scheduled Tribes in the State Legislative Assembly. It advises the Governor on matters concerning the welfare and advancement of Scheduled Tribes.