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Q50·GS Paper 1 · Prelims 2019

Tribal land transfer and constitutional schedules

PolityFifth Schedule and tribal protectionFactual singleMediumStatic

Question

Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?

Options

a

Third Schedule

b

Fifth Schedule

Answer
c

Ninth Schedule

d

Twelfth Schedule

Explanation

The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in states (excluding Assam, Meghalaya, Tripura, and Mizoram). It provides protections for tribal lands and prevents their transfer to non-tribals without prior approval of the appropriate authorities. Under the Fifth Schedule, any illegal transfer of tribal land to private parties or for exploitation (including mining without proper tribal consent and benefit-sharing arrangements) can be declared null and void. The Governor has special powers under the Fifth Schedule to make regulations protecting tribal interests and preventing land alienation. The Third Schedule contains lists of states and union territories, the Ninth Schedule protects laws from judicial review, and the Twelfth Schedule deals with local government. > The FIFTH SCHEDULE provides protections for tribal lands and allows voiding of illegal transfers. Answer: (b).

Question details

Year

2019

Paper

GS Paper 1

Question

Q50

Subject

Polity

Sub-topic

Fifth Schedule and tribal protection

Type

Factual single

Difficulty

Medium

Nature

Static

Source hint

NCERT Polity; Constitution - Fifth Schedule

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