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

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

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?

[amp_mcq option1=”1 and 2 only” option2=”2 and 3 only” option3=”1 and 3 only” option4=”1, 2 and 3″ correct=”option4″]

This question was previously asked in

UPSC CAPF – 2010

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.

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