Special Provision for Certain Classes

1. Consider the following statements : 1. It is the Governor of the Sta

Consider the following statements :

Join Our Telegram Channel
  • 1. It is the Governor of the State who recognizes and declares any community of that State as a Scheduled Tribe.
  • 2. A community declared as a Scheduled Tribe in a State need not be so in another State.

Which of the statements given above is/are correct ?

Subscribe on YouTube
1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC IAS – 2024
Download PDFAttempt Online
Statement 1 is incorrect. According to Article 342 of the Constitution, the President of India, after consultation with the Governor of the concerned state, specifies the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall be deemed to be Scheduled Tribes in relation to that state. The Governor has a consultative role, not the power of recognition and declaration. Statement 2 is correct. The list of Scheduled Tribes is state-specific. A community recognized as a Scheduled Tribe in one state is not automatically recognized as such in another state; it depends on the specific list for that state.
The President of India notifies Scheduled Tribes for each state, and the status is state-specific.
Parliament can by law include or exclude from the list of Scheduled Tribes specified in a notification issued under Article 342. The state-specific nature of the ST list reflects regional variations in tribal populations and their socio-economic conditions.

2. Consider the following statements regarding ‘Nari Shakti Vandan Adhini

Consider the following statements regarding ‘Nari Shakti Vandan Adhiniyam’:

Subscribe on YouTube
  • 1. Provisions will come into effect from the 18th Lok Sabha.
  • 2. This will be in force for 15 years after becoming an Act.
  • 3. There are provisions for the reservation of seats for Scheduled Castes Women within the quota reserved for the Scheduled Castes.

Which of the statements given above are correct?

Join Our Telegram Channel
1, 2 and 3
1 and 2 only
2 and 3 only
1 and 3 only
This question was previously asked in
UPSC IAS – 2024
Download PDFAttempt Online
Statement 1 is incorrect. The Nari Shakti Vandan Adhiniyam (106th Constitutional Amendment Act, 2023) states that the reservation for women will take effect after the first census published after the commencement of the Act and the subsequent delimitation exercise. This means it will likely not be implemented in the 18th Lok Sabha elections immediately following the Act’s passage. Statement 2 is correct; the reservation is initially for a period of fifteen years from the commencement of the Act, and can be extended by law. Statement 3 is correct; the Act includes provisions for reservation of seats for Scheduled Castes women within the quota reserved for Scheduled Castes, and similar provisions for Scheduled Tribes women within the ST quota.
The women’s reservation under the Nari Shakti Vandan Adhiniyam will come into effect only after the next census and subsequent delimitation, and it includes sub-reservation for SC and ST women.
The Act reserves one-third of the seats in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi for women. The reserved seats are to be rotated after each subsequent delimitation exercise.

3. With reference to Scheduled Areas in India, consider the following sta

With reference to Scheduled Areas in India, consider the following statements:

  • 1. Within a State, the notification of an area as Scheduled Area takes place through an Order of the President.
  • 2. The largest administrative unit forming the Scheduled Area is the District and the lowest is the cluster of villages in the Block.
  • 3. The Chief Ministers of the concerned States are required to submit annual reports to the Union Home Ministry on the administration of Scheduled Areas in the States.

How many of the above statements are correct?

Only one
Only two
All three
None
This question was previously asked in
UPSC IAS – 2023
Download PDFAttempt Online
Scheduled Areas are administered according to the provisions of the Fifth Schedule of the Constitution.
Statement 1 is correct. Under paragraph 6(1) of the Fifth Schedule, the President may, by order, declare any area to be a Scheduled Area. The modification, increase, decrease, or rescission of Scheduled Areas can only be done by Parliament through law (paragraph 6(2)), but the initial notification is by Presidential Order.

Subscribe on YouTube

Statement 2 is incorrect. The Fifth Schedule does not specify that the largest administrative unit must be a District and the lowest a cluster of villages. The definition and extent of a Scheduled Area are as specified in the President’s order. A Scheduled Area can comprise an entire district, parts of a district, or even smaller areas like a cluster of villages or a block, depending on the concentration of the tribal population and other relevant factors. There is no uniform administrative unit requirement fixed by the Schedule itself.

Join Our Telegram Channel

Statement 3 is incorrect. Paragraph 3 of the Fifth Schedule requires the *Governor* of each state having Scheduled Areas to submit annually, or whenever so required by the President, a report to the *President* regarding the administration of the Scheduled Areas in that State. The report is submitted to the President, not the Union Home Ministry, and by the Governor, not the Chief Minister.

– Scheduled Areas are notified by the President.
– The administrative units forming Scheduled Areas are not rigidly fixed as District for largest and cluster of villages for lowest; it varies as per Presidential order.
– The Governor submits an annual report on the administration of Scheduled Areas to the President.
The Fifth Schedule contains provisions for the administration and control of Scheduled Areas and Scheduled Tribes in any state other than Assam, Meghalaya, Tripura, and Mizoram, which are covered by the Sixth Schedule. Tribal Advisory Councils are also established in states having Scheduled Areas or Scheduled Tribes.

4. If a particular area is brought under the Fifth Schedule of the Consti

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?

Subscribe on YouTube
This would prevent the transfer of land of tribal people to non-tribal people.
This would create a local self-governing body in that area.
This would convert that area into a Union Territory.
The State having such areas would be declared a Special Category State.
This question was previously asked in
UPSC IAS – 2022
Download PDFAttempt Online
Bringing an area under the Fifth Schedule of the Constitution of India primarily aims at preventing the transfer of land belonging to tribal people to non-tribal people.
The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram (which are covered by the Sixth Schedule). A key objective and provision under the Fifth Schedule is to protect the land rights of tribal people. The Governor of a state with Fifth Schedule areas has special powers to make regulations for the peace and good government of these areas, including prohibiting or restricting the transfer of land by tribals to non-tribals and regulating the allotment of land to members of the Scheduled Tribes.
Statement B is partially relevant but not the best reflection of the consequence. While the Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), which applies to Fifth Schedule areas, aims to create local self-governing bodies (Gram Sabhas with significant powers), the Fifth Schedule *itself* provides the framework for a special administrative system and land protection, which then enables the implementation of laws like PESA. Statement C is incorrect; Fifth Schedule areas remain part of the state. Statement D is incorrect; Special Category Status is a different classification based on developmental needs, not directly linked to having Fifth Schedule areas.

Join Our Telegram Channel

5. Which one of the following States does not find a mention in Article 3

Which one of the following States does not find a mention in Article 371 of the Constitution of India?

Join Our Telegram Channel
Maharashtra
Madhya Pradesh
Gujarat
Karnataka
This question was previously asked in
UPSC CAPF – 2018
Download PDFAttempt Online
The correct answer is Madhya Pradesh. Article 371 and subsequent Articles (371A to 371J) of the Constitution of India contain special provisions for various states, but Madhya Pradesh is not among them.
Article 371 and related articles provide special provisions to certain states to address specific regional needs, historical circumstances, or developmental disparities. States covered include Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka.
Article 371 specifically contains special provisions for Maharashtra and Gujarat. Article 371J provides special provisions for Karnataka. Madhya Pradesh does not have any such special provisions under Article 371 series.

Subscribe on YouTube

6. With reference to the Scheduled Areas in India, consider the following

With reference to the Scheduled Areas in India, consider the following statements:

Subscribe on YouTube
  • 1. A State having Scheduled Areas may make regulations for the peace and good government of the Scheduled Areas.
  • 2. Such regulations may prohibit or restrict the transfer of land by or among members of the Scheduled Tribes.
  • 3. The Governor of the concerned State is empowered to make such regulations only after consulting the Tribal Advisory Council.

Which of the statements given above is/are correct?

1 and 2 only
2 and 3 only
1 and 3 only
1, 2 and 3
This question was previously asked in
UPSC CAPF – 2010
Download PDFAttempt Online
All three statements regarding the Scheduled Areas in India are correct as per the Fifth Schedule of the Constitution.
The Fifth Schedule provides special provisions for the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram, emphasizing the role of the Governor and the Tribal Advisory Council.
Paragraph 5(1) of the Fifth Schedule empowers the Governor to make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area. Paragraph 5(2) specifies that such regulations may, in particular, (a) prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area; (b) regulate the allotment of land to members of the Scheduled Tribes in such area. Paragraph 5(4) requires that the Governor shall make any such regulation only after consulting the Tribal Advisory Council for the State. Thus, all statements are constitutionally accurate.

Join Our Telegram Channel

7. Consider the following statements about the Scheduled Castes and the S

Consider the following statements about the Scheduled Castes and the Scheduled Tribes under the provisions of the Constitution of India :

  • 1. State can make any special provision relating to their admission to the Government educational institutions.
  • 2. State can make any special provision relating to their admission to the private educational institutions aided by the State.
  • 3. State can make any special provision relating to their admission to the private educational institutions not aided by the State.
  • 4. State can make any special provision relating to their admission to the minority educational institutions as described in Article 30.

Which of the statements given above are correct?

Subscribe on YouTube
1 and 2 only
1 and 3 only
2 and 3 only
1, 2 and 3
This question was previously asked in
UPSC CDS-2 – 2017
Download PDFAttempt Online
Statements 1, 2 and 3 are correct.
– Article 15(4) allows the State to make special provisions for the advancement of SC/ST, including reservations in government educational institutions. (Statement 1 is covered).
– Article 15(5), added by the 93rd Amendment (2005), explicitly allows the State to make special provisions for SC/ST (and SEBCs) in relation to their admission to educational institutions, including private educational institutions, *whether aided or unaided by the State*. (Statements 2 and 3 are covered).
– Article 15(5) specifically states that these provisions shall *not apply* to the minority educational institutions referred to in clause (1) of Article 30. (Statement 4 is incorrect).
Article 15(5) was enacted to overcome legal challenges to reservations in private educational institutions and affirmed the state’s power to implement such measures, with the specific exclusion of minority institutions which have special protection under Article 30.

Join Our Telegram Channel

8. Consider the following statements : 1. The President of India may s

Consider the following statements :

  • 1. The President of India may specify a ‘race’ to be treated under the Scheduled Caste category for all purposes under the Constitution of India.
  • 2. The President of India may specify a ‘tribe’ to be treated under the Scheduled Caste category for all purposes under the Constitution of India.
  • 3. Parliament by law can include a caste or tribe in the list of Scheduled Castes.

How many of the above statements is/are correct ?

1
2
3
None
This question was previously asked in
UPSC Geoscientist – 2024
Download PDFAttempt Online
The correct option is C.
Article 341 of the Constitution of India deals with Scheduled Castes. Clause (1) empowers the President to specify castes, races or tribes or parts thereof which shall be deemed to be Scheduled Castes. Clause (2) empowers Parliament by law to include in or exclude from the list of Scheduled Castes.
Statement 1: “The President of India may specify a ‘race’ to be treated under the Scheduled Caste category…”. Article 341(1) states the President may “specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall… be deemed to be Scheduled Castes”. The wording “races” is explicitly included in the list of groups that can be specified as Scheduled Castes. Therefore, this statement is correct according to the text of the Constitution.

Join Our Telegram Channel

Statement 2: “The President of India may specify a ‘tribe’ to be treated under the Scheduled Caste category…”. Article 341(1) also explicitly includes “tribes” in the list of groups that can be specified as Scheduled Castes, along with castes and races. While Scheduled Tribes are separately listed under Article 342 based on different criteria, Article 341(1) allows for the possibility of specifying a group socially identified as a ‘tribe’ to be deemed a Scheduled Caste if it meets the relevant criteria for SC inclusion (e.g., social disabilities analogous to untouchability). Therefore, this statement is also correct according to the text of the Constitution.

Statement 3: “Parliament by law can include a caste or tribe in the list of Scheduled Castes.” Article 341(2) states: “Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe…”. This power is explicitly vested in Parliament. Therefore, this statement is correct.

Based on the literal reading of Article 341, all three statements are correct.

Subscribe on YouTube

9. As per Article 371G of the Constitution of India, special provisions h

As per Article 371G of the Constitution of India, special provisions have been made with respect to the state of Mizoram. Accordingly, no Act of Parliament shall apply on certain matters unless the Legislative Assembly of Mizoram so decides by a resolution. Which one of the following matters is not covered under this Article ?

Join Our Telegram Channel
Religious or social practices of the Mizos
Mizo customary law and procedure
Administration of civil and criminal justice involving decisions according to Mizo customary law
Ownership and transfer of natural resources
This question was previously asked in
UPSC CDS-2 – 2024
Download PDFAttempt Online
The correct option is D) Ownership and transfer of natural resources.
Article 371G of the Constitution of India contains special provisions for the State of Mizoram. It stipulates that no Act of Parliament regarding certain matters shall apply to Mizoram unless the State Legislative Assembly decides by a resolution. The matters covered under Article 371G are:
(i) religious or social practices of the Mizos,
(ii) Mizo customary law and procedure,
(iii) administration of civil and criminal justice involving decisions according to Mizo customary law, and
(iv) ownership and transfer of **land**.

Subscribe on YouTube

Option D, “Ownership and transfer of natural resources,” is a broader term. Article 371G specifically mentions “land”, which is a type of natural resource, but does not explicitly cover all natural resources in general (e.g., minerals, water resources, etc.) under this protective clause in the same way as land. Therefore, the ownership and transfer of natural resources *in general* is the matter not covered under this Article in the specific terms listed.

Article 371G was inserted by the Constitution (Fifty-third Amendment) Act, 1986, which granted statehood to Mizoram. These special provisions are aimed at protecting the unique identity, culture, and customary laws of the Mizo people and giving the state legislature control over key matters affecting them. The control over land ownership and transfer is a crucial aspect of protecting tribal rights and preventing alienation of tribal land.

10. Which one of the following regarding the tenure of the elected members

Which one of the following regarding the tenure of the elected members of the Autonomous District Council is correct?

Subscribe on YouTube
Five years from the date of election
Five years from the date appointed for the first meeting of the Council after the election
Six years from the date of administration of Oath
Six years from the date of election
This question was previously asked in
UPSC CDS-2 – 2018
Download PDFAttempt Online
The tenure of the elected members of the Autonomous District Council is five years from the date appointed for the first meeting of the Council after the election.
This provision is mentioned in the Sixth Schedule of the Constitution of India, which deals with the administration of Tribal Areas in the states of Assam, Meghalaya, Tripura, and Mizoram.
Paragraph 2(1) of the Sixth Schedule states that each District Council shall consist of not more than thirty members, of whom not more than four persons shall be nominated by the Governor and the rest shall be elected on the basis of adult suffrage. The elected members hold office for a term of five years from the date appointed for the first meeting of the Council after the general elections, unless the Council is sooner dissolved.

Join Our Telegram Channel
Page 1Page 2Page 3Page 4Page 5