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  • 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?

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 from 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:

A large number of areas predominantly inhabited by Adivasis had been declared to be Excluded/Partially Excluded Areas during the British period. These areas came under the purview of the Scheduled Districts Act of 1874 and the Government of India (Excluded and Partially Excluded Areas) Order 1936.

Following Independence, these areas were brought under the Fifth and Sixth Schedules respectively, and referred to as Scheduled Areas. Some other predominantly Adivasi areas were declared to be Scheduled Areas by the President subsequently. 

As several judgments also recognise, the purpose of Scheduled Areas is to preserve tribal autonomy, culture, and economic empowerment, ensure social, economic, and political justice, and preserve peace and good governance.

Paragraph 5(2) of the Fifth Schedule: The Governor may make regulations for the peace and good

government of any area in a State which is, for the time being, a Scheduled Area. In particular and without prejudice to the generality of the foregoing power, such regulations may—

(a) prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area;

(b) regulate the allotment of land to members of the Scheduled Tribes in such area;                                                           

(c) regulate the carrying on of business as a money-lender by persons who lend money to members of the Scheduled Tribes in such area.

In compliance of Paragraph 5(2)(a) of the Fifth Schedule, most States have enacted legislation restricting/prohibiting the transfer of land from tribals to non-tribals in Scheduled Areas. 

Hence, option a is correct. 

Read: Previous Year UPSC Polity Questions (PYQs) With Explanation 2022

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