Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?
Third Schedule
Fifth Schedule
Ninth Schedule
Twelfth Schedule
Answer is Wrong!
Answer is Right!
This question was previously asked in
UPSC IAS – 2019
– Under the provisions of the Fifth Schedule, the Governor of a State having Scheduled Areas is empowered to make regulations for the peace and good government of such areas. These regulations may, among other things, prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such areas.
– The Supreme Court, in the landmark Samata judgement (1997), interpreted the provisions relating to land transfers in Scheduled Areas and held that transfer of tribal land to non-tribals/private companies for mining is null and void under the laws applicable to Fifth Schedule areas. It directed that mining leases in Scheduled Areas should only be granted to ST cooperatives or state-owned corporations.
– The Third Schedule lists Oaths and Affirmations.
– The Ninth Schedule contains a list of Central and State laws which cannot be challenged in courts on grounds of violation of Fundamental Rights (subject to basic structure review). It was primarily used for land reform laws initially.
– The Twelfth Schedule deals with the powers, authority, and responsibilities of Municipalities.