Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?
Correct Answer :
Fifth Schedule
Solution :
The correct option is Fifth Schedule.
Explanation:
The Fifth Schedule of the Constitution of India deals with 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).
Under the provisions of the Fifth Schedule, the Governor of a state has the authority to make regulations for the peace and good governance of a Scheduled Area. Such regulations may, in particular, prohibit or restrict the transfer of land by or among members of the Scheduled Tribes, as well as regulate the allotment of land to members of Scheduled Tribes in such areas.
In the landmark judgment Samatha v. State of Andhra Pradesh (1997), often referred to as the Samatha Judgment, the Supreme Court of India held that the transfer of tribal land to non-tribals or private parties for mining and other commercial purposes in Scheduled Areas is null and void, violating the constitutionally guaranteed protections under the Fifth Schedule.
Overview of other schedules mentioned:
• Third Schedule: Contains forms of Oaths or Affirmations for constitutional authorities.
• Ninth Schedule: Contains laws and acts created to protect land reforms and other laws from judicial review.
• Twelfth Schedule: Specifies the powers, authority, and responsibilities of Municipalities (urban local government).
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