UPSC Prelims 2022·GS1·polity-and-governance·governance

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 ?

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  1. AThis would prevent the transfer of land of tribal people to non-tribal people.Correct
  2. BThis would create a local self-governing body in that area.
  3. CThis would convert that area into a Union Territory.
  4. DThe State having such areas would be declared a Special Category State.

Explanation

The Fifth Schedule of the Constitution of India deals with the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram (which are covered by the Sixth Schedule). The primary objective of the Fifth Schedule provisions is to protect the interests of the tribal population, promote their welfare, and prevent their exploitation. A) This would prevent the transfer of land of tribal people to non-tribal people: This statement best reflects a key consequence and objective. The Governor of a state with Scheduled Areas has special powers regarding the application of laws to these areas, including the power to modify or prohibit the application of any law passed by Parliament or the state legislature to such areas. This power is often used to prevent the alienation of tribal land to non-tribals, thus protecting their customary rights and way of life. B) This would create a local self-governing body in that area: While tribal self-governance is encouraged, the Fifth Schedule itself does not directly 'create' a local self-governing body in the sense of a specific structure like a municipality or panchayat. It provides for the establishment of Tribes Advisory Councils (TACs) to advise the Governor on matters concerning the welfare and advancement of Scheduled Tribes. C) This would convert that area into a Union Territory: This is incorrect. Bringing an area under the Fifth Schedule does not change its status from a state territory to a Union Territory. It remains part of the state, but with special administrative provisions. D) The State having such areas would be declared a Special Category State: This is incorrect. Special Category Status is a classification granted to states based on factors like hilly and difficult terrain, strategic international borders, economic backwardness, etc., to provide central assistance. It is not directly linked to having Scheduled Areas under the Fifth Schedule. Therefore, the most accurate consequence is the protection against land alienation.
polity-and-governance: If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statem

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