📘 Q.11 IAS Prelims 2022 — Polity & Governance: Fifth Schedule Areas

🧷 Authentic Classroom Explanation by IAS Monk

📍 The Question:

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?

(a) This would prevent the transfer of land of tribal people to non-tribal people.
(b) This would create a local self-governing body in that area.
(c) This would convert that area into a Union Territory.
(d) The State having such areas would be declared a Special Category State.

Correct Answer: (a)


🔎 Curiosity Raiser (UPSC intent)

UPSC wants to see whether you can identify the core protective purpose of the Fifth Schedule, not confuse it with:

  • Sixth Schedule autonomy,
  • Panchayati Raj,
  • Union Territories, or
  • Special Category States.

🧠 Core Concept Tested

Fifth Schedule — Protection and governance of Scheduled Areas


🔍 Classroom Explanation (UPSC Prelims Focused)

  • The Fifth Schedule applies to Scheduled Areas in States other than the North-East.
  • Its central objective is the protection of tribal land and interests.

Why option (a) is correct:

  • The Governor is empowered to make regulations to:
    • prohibit or restrict transfer of land by or among members of Scheduled Tribes to non-tribals,
    • regulate allotment of land to STs,
    • regulate money-lending to STs.
  • The Supreme Court in Samatha v. State of Andhra Pradesh (1997) reinforced this by holding that transfer of tribal land to private parties for mining in Scheduled Areas is void.

👉 Hence, the most accurate consequence is prevention/restriction of transfer of tribal land to non-tribals.


Why other options are incorrect

  • (b) Creation of autonomous local self-governing bodies is a feature of the Sixth Schedule, not the Fifth.
  • (c) Fifth Schedule areas remain within States; they are not converted into Union Territories.
  • (d) “Special Category State” is an administrative/financial classification, not a constitutional consequence of the Fifth Schedule.

📘 Enrich Notes (Prelims Value Add)

  • Governor’s role (Fifth Schedule):
    • Can make regulations for land transfer and money-lending.
    • Annual report to the President on administration of Scheduled Areas.
  • Tribes Advisory Council (TAC):
    • Mandatory in States having Scheduled Areas.
  • States with Fifth Schedule Areas:
    • Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Telangana.

📌 Prelims Recall Line
Fifth Schedule = protection of tribal land; Sixth Schedule = autonomous governance.


🧘‍♂️ IAS Monk Whisper

The Fifth Schedule does not redraw borders;
it draws a shield around tribal land.

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