RRaahUPSC
2022 · Polity & GovernancePrevious Year Question
Q73.
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?
A. This would prevent the transfer of land of tribal people to non-tribal people.
B. This would create a local self-governing body in that area.
C. This would convert that area into a Union Territory.
D. The State having such areas would be declared a special Category State.
Answer

A

Explanation

The Fifth Schedule provides special provisions for tribal areas. The Governor may make regulations to prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area. The Samatha v. State of Andhra Pradesh & Ors (1997) judgment declared that transfer of tribal land to private parties for mining was null and void under the Fifth Schedule. The key consequence is the prevention of transfer of tribal land to non-tribal people.
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