Tribal land transfer and constitutional schedules
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
Third Schedule
Fifth Schedule
Ninth Schedule
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
See all questions on Fifth Schedule and tribal protection
Browse every tagged question across all years