UPSC CSE Prelims
Tribal Areas Previous Year Questions (PYQs)

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).

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.

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).