Previous Year Question
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.
Correct Answer: A
Detailed Solution
Under Article 244(1) of the Constitution, the Fifth Schedule deals with the administration and control of Scheduled Areas and Scheduled Tribes. It applies to Scheduled Areas in States other than Assam, Meghalaya, Tripura and Mizoram. Tribal areas in these four States are principally governed under the Sixth Schedule.
Paragraph 5 of the Fifth Schedule empowers the Governor to make regulations for the peace and good government of a Scheduled Area. Such regulations may specifically provide for:
Prohibiting or restricting the transfer of land by or among members of Scheduled Tribes.
Regulating the allotment of land to members of Scheduled Tribes.
Regulating money-lending businesses involving members of Scheduled Tribes.
Thus, an important practical consequence of bringing an area under the Fifth Schedule is the availability of special constitutional and regulatory protection against the transfer of tribal land to non-tribal persons. Therefore, option (a) best reflects the consequence.
The Fifth Schedule does not, by itself, impose an automatic and absolute prohibition on every land transfer. It empowers the Governor to prohibit or restrict such transfers through regulations. Such regulations require the assent of the President, and the Governor is expected to consult the Tribes Advisory Council while making them.
Option (b) is incorrect because the inclusion of an area under the Fifth Schedule does not automatically create a new local self-governing body. Panchayat provisions were extended to Fifth Schedule areas through the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996, commonly known as PESA.
Option (c) is incorrect because declaration as a Scheduled Area does not convert the area into a Union Territory; it continues to remain part of the concerned State. Option (d) is also incorrect because Fifth Schedule status has no connection with the declaration of a State as a “Special Category State”.