UPSC CSE Prelims
Special Constitutional Provisions Previous Year Questions (PYQs)
Showing solved Previous Year Questions for Chapter: Special Constitutional Provisions
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Consider the following statements about the provisions pertaining to the Scheduled Castes and the Scheduled Tribes in India :
- Provisions regarding the administration of the Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram are given in the Fifth Schedule of the Constitution of India.
- Some tribes of India are entitled to exemption from paying Income Tax on certain incomes.
- The Constitution of India provides for reservation of seats in Panchayats for women belonging to the Scheduled Castes and the Scheduled Tribes.
Which one of the following conclusions based on the above statements is correct ?
Detailed Explanation:
Statement 1 — Incorrect. The Sixth Schedule (Article 244(2)) governs Tribal Areas in Assam, Meghalaya, Tripura, and Mizoram — NOT the Fifth Schedule. The Fifth Schedule (Article 244(1)) applies to Scheduled Areas and Scheduled Tribes in all other states.
Statement 2 — Correct. Under Section 10(26) of the Income Tax Act, 1961, Scheduled Tribe members residing in specified regions are exempt from income tax on income generated within those areas:
- Tripura, Mizoram, Manipur, Nagaland, Arunachal Pradesh, and Ladakh
- Also covers dividends and interest on securities
Statement 3 — Correct. Article 243D mandates reservation of seats in Panchayats for SCs and STs. Further, Article 243D(2) explicitly requires that not less than one-third of seats reserved for SCs and STs must be reserved for women belonging to SCs/STs.
Key Trick: Statement 1 is a classic Fifth vs Sixth Schedule swap — one of the most frequently tested UPSC traps in Polity.
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.
Consider the following statements:
- It is the Governor of the State who recognizes and declares any community of that State as a Scheduled Tribe.
- A community declared as a Scheduled Tribe in a State need not be so in another State.
Which of the statements given above is/are correct?
Detailed Explanation:
Correct Answer: Option 2 (2 only)
The Constitution provides a specific process for identifying Scheduled Tribes (STs). The status of a community as an ST is determined by the President of India and can vary from one state to another.
❌ Statement 1 is Incorrect: It is the President of India, not the Governor, who specifies Scheduled Tribes under Article 342 of the Constitution. Parliament can later modify this list by law.
✅ Statement 2 is Correct: A community recognized as a Scheduled Tribe in one State may not be recognized as an ST in another State because the social and geographical conditions differ across regions.
Short Notes: Scheduled Tribes (STs)
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Article 342 deals with the specification of Scheduled Tribes.
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The President of India notifies STs for a State or Union Territory.
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Any change in the ST list can be made only by Parliament through legislation.
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ST status is State-specific, not uniform across India.
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The Constitution provides safeguards for STs in education, employment, and political representation.
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Seats are reserved for STs in Lok Sabha, State Assemblies, and local bodies.
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The Fifth Schedule deals with Scheduled Areas in most states.
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The Sixth Schedule provides autonomous councils in certain tribal areas of the Northeast.
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Consider the following statements :
- According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances.
- The Constitution of India exempts the States from providing legal counsel to a person being held for preventive detention.
- According to the Prevention of Terrorism Act, 2002, confession of the accused before the police cannot be used as evidence.
How many of the above statements are correct?
Detailed Explanation:
Answer: Option 2 — Only two
This question tests knowledge of constitutional provisions related to state protection, preventive detention, and anti-terrorism laws. Out of the three statements, two are correct while one is incorrect regarding the admissibility of confessions under POTA.
✅ Statement 1 – Correct: Article 355 mandates that the Union shall protect every State against external aggression and internal disturbance, ensuring constitutional governance.
✅ Statement 2 – Correct: Article 22(3)(b) exempts preventive detention cases from the right to consult and be defended by a legal practitioner of choice, as provided under Article 22(1).
❌ Statement 3 – Incorrect: Section 32(1) of POTA 2002 explicitly allowed confessions made before a police officer of the rank of Superintendent or above to be admissible as evidence in court.
📝 Short Notes: Constitutional Provisions on Preventive Detention & State Protection
| Article/Provision | Key Features |
|---|---|
| Article 355 | Union's duty to protect States from external aggression and internal disturbance; ensure constitutional governance in States |
| Article 22(1) | Right to consult and be defended by a legal practitioner; right to be informed of grounds of arrest |
| Article 22(3) | Rights under Article 22(1) and 22(2) do not apply to: (a) enemy aliens, (b) persons detained under preventive detention laws |
| Article 22(4)-(7) | Safeguards for preventive detention: maximum 3 months without Advisory Board approval; person must be informed of grounds; right to make representation |
| POTA 2002 (Repealed 2004) |
Section 32(1) made confessions before police officers (SP rank and above) admissible as evidence; controversial provision leading to its repeal |
With reference to 'Scheduled Areas' in India, consider the following statements:
- Within a State, the notification of an area as 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?
Detailed Explanation:
Answer: Option 2 — Only two
This question tests knowledge of the constitutional provisions governing Scheduled Areas under the Fifth Schedule. Two out of three statements are correct regarding the notification process and administrative structure of Scheduled Areas.
✅ Statement 1 – Correct: Article 244(1) and the Fifth Schedule empower the President to declare any area as a Scheduled Area through an Order, after consulting the Governor of the concerned State.
✅ Statement 2 – Correct: The administrative hierarchy of Scheduled Areas follows a structure where the District forms the largest unit and a cluster of villages within a Block forms the smallest unit.
❌ Statement 3 – Incorrect: As per Paragraph 3 of the Fifth Schedule, it is the Governor (not the Chief Minister) of each State having Scheduled Areas who is required to submit annual reports to the President (not the Union Home Ministry) regarding the administration of these areas.
📝 Short Notes: Scheduled Areas under Fifth Schedule
- Constitutional Basis: Article 244 of the Constitution deals with the administration of Scheduled Areas and Tribal Areas in India, divided into Fifth Schedule (mainland tribal areas) and Sixth Schedule (tribal areas in Northeast).
- Notification Process: President declares Scheduled Areas by Order after consultation with the State Governor; the President can also alter or rescind such orders.
- Administrative Structure: District is the largest unit, followed by Taluks/Blocks, with clusters of villages being the smallest unit in Scheduled Areas.
- Governance: Governor has special responsibility for Scheduled Areas and can make regulations for peace and good government after consulting the Tribes Advisory Council (TAC).
- Reporting Mechanism: Governor submits annual reports to the President on administration of Scheduled Areas; executive power of Union extends to giving directions to States.
- Purpose: These provisions aim to protect tribal interests, prevent exploitation, and ensure self-governance in areas with significant tribal population.
- Coverage: Scheduled Areas exist in 10 states including Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Madhya Pradesh, Odisha, Rajasthan, Gujarat, Maharashtra, and Himachal Pradesh.
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?
Detailed Explanation:
Answer: Option 1 — This would prevent the transfer of land of tribal people to non-tribal people.
The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in states (except Assam, Meghalaya, Tripura, and Mizoram). The Governor is empowered to make regulations for the peace and good government of Scheduled Areas after consulting the Tribes Advisory Council, including regulations that prohibit or restrict the transfer of land by tribal people to non-tribal people, thereby protecting tribal land rights.
❌ Option 2 – Incorrect: The Tribes Advisory Council (TAC) established under the Fifth Schedule is an advisory body to the Governor, not a self-governing body with administrative powers.
❌ Option 3 – Incorrect: The Fifth Schedule provisions do not convert any area into a Union Territory; they provide a special administrative framework within existing states.
❌ Option 4 – Incorrect: Bringing an area under the Fifth Schedule does not result in the state being declared a Special Category State, which is based on different criteria related to economic and geographical disadvantages.
📝 Short Notes: Fifth and Sixth Schedules
| Feature | Fifth Schedule | Sixth Schedule |
|---|---|---|
| Applicability | Scheduled Areas in states (except Assam, Meghalaya, Tripura, Mizoram) | Tribal areas in Assam, Meghalaya, Tripura, Mizoram |
| Administration | Governor with Tribes Advisory Council (TAC) | Autonomous District Councils (ADCs) with legislative, judicial, and executive powers |
| Key Powers | Governor can make regulations on land transfer, money-lending, etc. | ADCs can make laws on land, forests, marriage, social customs |
| Nature of Body | TAC is advisory only | ADCs are self-governing bodies |
| Presidential Power | Can declare/modify Scheduled Areas | Can modify/exclude tribal areas |
At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006?
Detailed Explanation:
Answer: Option 4 — Ministry of Tribal Affairs
The Ministry of Tribal Affairs (MoTA) is the designated nodal agency at the national level for the effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. While the Act deals with forest land and forest rights, it is fundamentally a rights-based social welfare legislation aimed at correcting historical injustices faced by forest-dwelling Scheduled Tribes and other traditional forest dwellers. The responsibility for implementation, policy formulation, and issuance of guidelines lies with MoTA to ensure the protection of tribal interests and recognition of both individual and community forest rights, rather than with the Ministry of Environment, Forest and Climate Change, which focuses primarily on forest conservation.
📝 Short Notes: Forest Rights Act, 2006
- Official Name: The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
- Nodal Ministry: Ministry of Tribal Affairs (MoTA)
- Objective: Recognition of forest rights and occupation in forest land to Scheduled Tribes and other traditional forest dwellers who have been residing in forests for generations
- Rights Recognized: Individual Forest Rights (IFR), Community Forest Rights (CFR), Community Forest Resource Rights, and rights over Minor Forest Produce
- Implementation Mechanism: Three-tier system – Gram Sabha (village level), Sub-Divisional Level Committee (SDLC), and District Level Committee (DLC)
- Gram Sabha's Role: Primary authority to initiate the process of determining forest rights and approve claims
- Historical Context: Enacted to undo historical injustice to forest-dwelling communities and ensure their livelihood and food security
Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?
Detailed Explanation:
Answer: Option 2 — Fifth Schedule
The Fifth Schedule of the Indian Constitution provides special provisions for the administration and control of Scheduled Areas with significant tribal populations. Under this Schedule, the Governor has the power to declare any law related to the transfer of tribal land as null and void if it violates the interests of tribal communities, thus preventing unauthorized transfer of tribal land to private parties for mining or other purposes.
📝 Short Notes: Fifth Schedule of the Constitution
- Purpose: Provides for the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.
- Scheduled Areas: Declared by the President, these are areas with predominantly tribal population requiring special administrative arrangements.
- Tribes Advisory Council (TAC): Mandatory in states having Scheduled Areas, consisting of up to 20 members (3/4th should be tribal MLAs) to advise on tribal welfare matters.
- Governor's Special Powers: Can direct that any particular Act of Parliament or State Legislature shall not apply to a Scheduled Area or apply with specified modifications; can make regulations for peace and good government of Scheduled Areas (subject to President's approval).
- Land Protection: Governors can prohibit or regulate the transfer of land from tribals to non-tribals, and declare such transfers null and void to protect tribal land rights.
- States Covered: Applies to 10 states including Andhra Pradesh, Telangana, Gujarat, Himachal Pradesh, Jharkhand, Chhattisgarh, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan.
- Key Distinction: Fifth Schedule for mainland tribal areas; Sixth Schedule for tribal areas in Northeast (except Nagaland).
Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India :
- PVTGs reside in 18 States and one Union Territory.
- A stagnant or declining population is one of the criteria for determining PVTG status.
- There are 95 PVTGs officially notified in the country so far.
- Irular and Konda Reddi Tribes are included in the list of PVTGs.
Which of the statements given above are correct?
Detailed Explanation:
Answer: Option 3 — 1, 2 and 4
Particularly Vulnerable Tribal Groups (PVTGs) are a special category within Scheduled Tribes that was created during the Fourth Five-Year Plan to identify groups at a lower level of development. Currently, 75 PVTGs are officially notified across 18 states and one Union Territory in India.
✅ Statement 1 – Correct: PVTGs are indeed spread over 18 states and one Union Territory (Andaman & Nicobar Islands) in India.
✅ Statement 2 – Correct: A stagnant or declining population is one of the five criteria for determining PVTG status, along with pre-agricultural level of technology, extremely low literacy, subsistence-level economy, and geographical isolation.
❌ Statement 3 – Incorrect: There are 75 PVTGs officially notified in the country, not 95.
✅ Statement 4 – Correct: Both Irular (found in Tamil Nadu and Kerala) and Konda Reddi (found in Andhra Pradesh) tribes are included in the list of PVTGs.
📝 Short Notes: Particularly Vulnerable Tribal Groups (PVTGs)
- Origin: The concept was introduced during the Fourth Five-Year Plan to identify tribal groups at lower levels of development among Scheduled Tribes.
- Official Count: 75 PVTGs have been officially notified in India.
- Geographical Spread: Found in 18 states and 1 Union Territory (Andaman & Nicobar Islands).
- Five Criteria for PVTG Status:
(i) Pre-agricultural level of technology
(ii) Stagnant or declining population
(iii) Extremely low literacy rates
(iv) Subsistence-level economy
(v) Geographical isolation - Examples: Chenchu, Birhor, Bonda, Great Andamanese, Irular, Konda Reddi, Sahariya, Asur, etc.
- Development Scheme: Ministry of Tribal Affairs implements schemes like Development of Particularly Vulnerable Tribal Groups (DPVTG) for their socio-economic development.
Consider the following statements:
- As per recent amendment to the Indian Forest Act, 1927, forest dwellers have the right to fell the bamboos grown on forest areas.
- As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, bamboo is a minor forest produce.
- The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 allows ownership of minor forest produce to forest dwellers.
Which of the statements given above is/are correct?
Detailed Explanation:
Answer: Option 2 — 2 and 3 only
This question tests knowledge of the Forest Rights Act, 2006 and amendments to the Indian Forest Act, 1927. Statement 1 is incorrect because the 2017 amendment to the Indian Forest Act removed bamboo from the definition of 'tree' but did not grant forest dwellers the right to fell bamboo on forest land. Statements 2 and 3 are correct as the FRA, 2006 classifies bamboo as minor forest produce and grants ownership rights over minor forest produce to forest dwellers.
❌ Statement 1 – Incorrect: The 2017 amendment to the Indian Forest Act, 1927 removed bamboo grown in non-forest areas from the definition of 'tree' (not forest areas), thereby exempting it from requirement of felling/transit permits; it did not grant forest dwellers right to fell bamboo in forest areas.
✅ Statement 2 – Correct: The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 explicitly classifies bamboo as a minor forest produce.
✅ Statement 3 – Correct: The Forest Rights Act, 2006 grants forest dwellers the right to own, collect, use, and dispose of minor forest produce traditionally collected within the forest area.
The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to -
Detailed Explanation:
Fifth Schedule and Sixth Schedule both provide special provisions for the administration and protection of Scheduled Tribes in India.
Fifth Schedule applies to Scheduled Areas in states (except Assam, Meghalaya, Tripura, and Mizoram) and provides for Tribes Advisory Councils (TACs) to advise Governors on tribal welfare, land rights, and customary practices.
Sixth Schedule applies to tribal areas in Assam, Meghalaya, Tripura, and Mizoram and creates Autonomous District Councils (ADCs) with legislative and administrative powers to preserve tribal customs, land ownership, and self-governance.
Under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, who shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both?
Detailed Explanation:
Under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, the Gram Sabha is the authority to initiate the process for determining the nature and extent of individual or community forest rights.
The Gram Sabha receives claims, verifies them, prepares maps of claimed areas, and passes a resolution which is then screened by the Sub-Divisional Level Committee (SDLC) and finally approved by the District Level Committee (DLC).