Consider the following statements:
With reference to the Constitution of India, if an area in a State is declared as Scheduled Area under the Fifth Schedule,
I. the State Government loses its executive power in such areas and a local body assumes total administration.
II. 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?
Detailed Explanation:
❌ Statement I is Incorrect: Declaration of a Scheduled Area under the Fifth Schedule does not remove the State Government's executive powers. Administration remains with the State Government, while special safeguards are provided for the welfare of Scheduled Tribes.
❌ Statement II is Incorrect: The Fifth Schedule does not authorize the Union Government to take over the total administration of Scheduled Areas. The Union can issue directions to the State regarding their administration, but a complete takeover is not provided under the Schedule.
Therefore, both statements are incorrect.
📝 Short Notes: Fifth Schedule
| Point | Details |
|---|---|
| Applies To | Scheduled Areas in States (except Sixth Schedule areas) |
| Objective | Protection of tribal interests |
| Governor's Role | Can make regulations for peace and good governance |
| Tribes Advisory Council (TAC) | Advises on tribal welfare matters |
| Union's Role | Can issue directions to States |
| Administration | Remains with the State Government |
Key Fact:
The Fifth Schedule deals with Scheduled Areas and Scheduled Tribes, while the Sixth Schedule provides autonomous councils in certain tribal areas of the Northeast.
Question 2 of 6 Fifth Schedule
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