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?
Correct Answer :
This would prevent the transfer of land of tribal people to non-tribal people.
Solution :
The correct option is: "This would prevent the transfer of land of tribal people to non-tribal people."
Step-by-Step Explanation:
1. Understanding the Fifth Schedule:
The Fifth Schedule of the Constitution of India contains special provisions regarding the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram (which are covered under the Sixth Schedule).
2. Key Objective and Powers:
The primary objective of the Fifth Schedule is to protect the rights, culture, and interests of the tribal population, particularly their land rights, which are central to their livelihood and identity.
Under this schedule, the Governor of the state is vested with special powers. Specifically, Paragraph 5(2) of the Fifth Schedule authorizes the Governor to make regulations for the peace and good government of any Scheduled Area.
3. Preventing Land Alienation:
The Governor may, by regulation, prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such areas. The regulation can also regulate the allotment of land to members of the Scheduled Tribes and regulate the carrying on of business as money-lenders by persons who lend money to members of the Scheduled Tribes.
Therefore, the most direct and significant consequence of bringing an area under the Fifth Schedule is to safeguard tribal land from being transferred to non-tribal individuals or entities.
4. Why other options are incorrect:
• "This would create a local self-governing body in that area." - While Tribes Advisory Councils are formed, the creation of autonomous local self-governing bodies with legislative powers is a key feature of the Sixth Schedule (Autonomous District Councils), not the Fifth Schedule.
• "This would convert that area into a Union Territory." - Scheduled Areas remain part of the respective states and are not converted into Union Territories.
• "The State having such areas would be declared a Special Category State." - There is no constitutional link between having a Fifth Schedule area and receiving Special Category Status.
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