Question Details

Consider the following statements:[Local Government]


With reference to the Constitution of India, if an area in a State is declared as Scheduled Area under the Fifth Schedule

I. the State Government loses its executive power in such areas and a local body assumes total administration

II. the Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the Governor

Which of the statements given above is/are correct?

Options

A

I only

B

II only

C

Both I and II

D

Neither I nor II

Show Answer

Correct Answer :

Option D

Neither I nor II

Solution :

The correct option is Neither I nor II.


Let us examine the two statements with reference to the Constitution of India and Scheduled Areas under the Fifth Schedule:


Analysis of Statement I:
According to Article 244(1) and the Fifth Schedule of the Constitution of India, the executive power of a State extends to the Scheduled Areas therein. The State Government does not lose its executive power; rather, it is subject to the provisions of the Fifth Schedule, which includes the Governor's power to direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or shall apply subject to exceptions and modifications. A local body does not assume total administration of such areas. Therefore, Statement I is incorrect.


Analysis of Statement II:
The executive power of the Union extends to giving directions to the State as to the administration of Scheduled Areas. The Governor of the State submits annual reports to the President regarding the administration of these areas. However, there is no provision under the Fifth Schedule for the Union Government to take over the "total administration" of these areas under certain circumstances on the recommendation of the Governor. The administration remains under the State Government subject to executive directions of the Union and the Governor's special powers. Therefore, Statement II is also incorrect.


Since both statements I and II are incorrect, the correct option is indeed Neither I nor II.

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