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).
Question 1 of 3 Tribal Areas
Practice PYQ questions from this topic across all years
First question in this topic
Consider the following statements: As per recent amendment to the Indian Forest Ac...