Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?

1. Third Schedule
2. Fifth Schedule
3. Ninth Schedule
4. Twelfth Schedule

Explanation

Option (b) is correct

• The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura and Mizoram.
• The Samatha vs. State of Andhra Pradesh, 1997 judgment, a landmark ruling by the Supreme Court, declared that the transfer of tribal land in these areas for private mining was null and void, reinforcing the protections for tribal communities as outlined in this Schedule.
  • Under this case, the issue before the Supreme Court was the validity of mining leases granted to private corporations over the Borra Reserve Forest lying within Fifth Schedule Areas, as the Andhra Pradesh Scheduled Areas Land Transfer Regulation prohibits alienation of land to non-tribals. The Supreme Court struck down the mining leases so granted, and held:
  • Government lands, forest lands, and tribal lands in the scheduled area cannot be leased to non-tribals or private industries. The government cannot lease land in scheduled areas for mining operations to non-tribals, as this contravenes the Fifth Schedule of the Constitution.
  • The Court recognised the 73rd Constitution Amendment Act and the Andhra Pradesh Panchayati Raj (Extension to Scheduled Areas) Act, stating that Gram Sabhas shall be competent to safeguard and preserve community resources, thereby reiterating the need to grant tribals the right to self-governance.
  • Mining activity in a scheduled area may be undertaken only by the Andhra Pradesh State Mineral Development Corporation or a cooperative of tribals, provided they comply with the Forest Conservation Act, 1980, and the Environment Protection Act, 1986.

Option (a) is incorrect

• It contains oaths for elected and appointed officials like the President, Vice-President, Governors, Ministers, MPs, and State Legislatures.

Option (c) is incorrect

• Aims to protect laws related to land reforms and socio-economic policies from judicial review.

Option (d) is incorrect

• Deals with Municipalities, detailing their powers and functions, enabling effective local governance.

Answer: (b) Fifth Schedule; Difficulty Level: Easy