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

  1. The State Government loses its executive power in such an area and the local body assumes total administration.
  2. 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?
  1. I only
  2. II only
  3. Both I and II
  4. Neither I nor II

Explanation

Statement I is incorrect
  • Article 244(1) of the Indian Constitution states that “Subject to the provisions of this Schedule, the executive power of a State extends to the Scheduled Areas therein“. This means states manage tribal areas within their borders, but must act within Schedule 5 guidelines. It is not “completely” taken over by Tribal Advisory Councils.

Additional Information

  • The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas (SA) and Scheduled Tribes (STs) in states other than Assam, Meghalaya, Tripura, and Mizoram.
  • Scheduled Areas are inhabited by ‘aboriginals’ who are socially and economically backward. Article 244 (1) of the Constitution mentions ‘Scheduled Areas’.
  • The Fifth Schedule provides for the administration of tribal Areas in 10 states in India, including Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana.
    • The Fifth Schedule Areas are exempt from the Panchayat-related requirements of Part IX of the constitution.
    • The Panchayat (Extension to Scheduled Areas) Act, 1996, was passed by Parliament to extend the provisions of Part IX to the Fifth Scheduled area with certain modifications.

PESA Act

Tribes Advisory Council (TAC)

  • States with SAs are required to establish TAC to advise on the welfare & advancement of the STs.
  • It consists of 20 members, 3/4th to be representatives of the STs in State Legislative Assembly.
  • The Governor of the state may make rules regarding:
    • Number of members of the Council and their appointment.
    • Appointment of the Chairman of the Council and the officers and servants thereof.
    • Conduct of its meetings and its procedure in general.
  • Note: A similar council can be set up in states having STs but not Scheduled Areas if the President directs so.
Statement II is incorrect
  • The Fifth Schedule does not contain any such provision.

PMF Concept Hack

  • The absolute wording in both statements makes them suspicious. Phrases like “local body assumes total administration” and “Government can take over the total administration” are overly extreme and unlikely within India’s constitutional framework, where powers are typically shared and regulated rather than fully transferred. Hence, both statements can be inferred as incorrect → Answer: (d) Neither I nor II
Answer: (d) Neither 1 nor 2; Difficulty Level: Easy
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