{"id":91670,"date":"2025-06-01T11:02:18","date_gmt":"2025-06-01T11:02:18","guid":{"rendered":"https:\/\/exam.pscnotes.com\/mcq\/?p=91670"},"modified":"2025-06-01T11:02:18","modified_gmt":"2025-06-01T11:02:18","slug":"under-which-schedule-of-the-constitution-of-india-can-the-transfer-of","status":"publish","type":"post","link":"https:\/\/exam.pscnotes.com\/mcq\/under-which-schedule-of-the-constitution-of-india-can-the-transfer-of\/","title":{"rendered":"Under which Schedule of the Constitution of India can the transfer of"},"content":{"rendered":"<p>Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?<\/p>\n<p>[amp_mcq option1=&#8221;Third Schedule&#8221; option2=&#8221;Fifth Schedule&#8221; option3=&#8221;Ninth Schedule&#8221; option4=&#8221;Twelfth Schedule&#8221; correct=&#8221;option2&#8243;]<\/p>\n<div class=\"psc-box-pyq-exam-year-detail\">\n<div class=\"pyq-exam\">\n<div class=\"psc-heading\">This question was previously asked in<\/div>\n<div class=\"psc-title line-ellipsis\">UPSC IAS &#8211; 2019<\/div>\n<\/div>\n<div class=\"pyq-exam-psc-buttons\"><a href=\"\/pyq\/pyq-upsc-ias-2019.pdf\" target=\"_blank\" class=\"psc-pdf-button\" rel=\"noopener\">Download PDF<\/a><a href=\"\/pyq-upsc-ias-2019\" target=\"_blank\" class=\"psc-attempt-button\" rel=\"noopener\">Attempt Online<\/a><\/div>\n<\/div>\n<section id=\"pyq-correct-answer\">\nThe transfer of tribal land to private parties for mining can be declared null and void under the Fifth Schedule of the Constitution of India.<br \/>\n<\/section>\n<section id=\"pyq-key-points\">\n&#8211; The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in any State except Assam, Meghalaya, Tripura, and Mizoram.<br \/>\n&#8211; 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.<br \/>\n&#8211; 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.<br \/>\n&#8211; The Third Schedule lists Oaths and Affirmations.<br \/>\n&#8211; 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.<br \/>\n&#8211; The Twelfth Schedule deals with the powers, authority, and responsibilities of Municipalities.<br \/>\n<\/section>\n<section id=\"pyq-additional-information\">\nThe Samata judgment is highly significant for protecting tribal rights and resources in Scheduled Areas. It reinforced the special protective provisions enshrined in the Fifth Schedule to prevent the alienation of tribal land.<br \/>\n<\/section>\n","protected":false},"excerpt":{"rendered":"<p>Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void? [amp_mcq option1=&#8221;Third Schedule&#8221; option2=&#8221;Fifth Schedule&#8221; option3=&#8221;Ninth Schedule&#8221; option4=&#8221;Twelfth Schedule&#8221; correct=&#8221;option2&#8243;] This question was previously asked in UPSC IAS &#8211; 2019 Download PDFAttempt Online The transfer of tribal land to private parties &#8230; <\/p>\n<p class=\"read-more-container\"><a title=\"Under which Schedule of the Constitution of India can the transfer of\" class=\"read-more button\" href=\"https:\/\/exam.pscnotes.com\/mcq\/under-which-schedule-of-the-constitution-of-india-can-the-transfer-of\/#more-91670\">Detailed Solution<span class=\"screen-reader-text\">Under which Schedule of the Constitution of India can the transfer of<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1092],"tags":[1119,1099,1178],"class_list":["post-91670","post","type-post","status-publish","format-standard","hentry","category-upsc-ias","tag-1119","tag-indian-polity-and-governance","tag-schedules","no-featured-image-padding"],"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v22.2 (Yoast SEO v23.3) - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Under which Schedule of the Constitution of India can the transfer of<\/title>\n<meta name=\"description\" content=\"The transfer of tribal land to private parties for mining can be declared null and void under the Fifth Schedule of the Constitution of India. - The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in any State except Assam, Meghalaya, Tripura, and Mizoram. - 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.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/exam.pscnotes.com\/mcq\/under-which-schedule-of-the-constitution-of-india-can-the-transfer-of\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Under which Schedule of the Constitution of India can the transfer of\" \/>\n<meta property=\"og:description\" content=\"The transfer of tribal land to private parties for mining can be declared null and void under the Fifth Schedule of the Constitution of India. - The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in any State except Assam, Meghalaya, Tripura, and Mizoram. - 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.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/exam.pscnotes.com\/mcq\/under-which-schedule-of-the-constitution-of-india-can-the-transfer-of\/\" \/>\n<meta property=\"og:site_name\" content=\"MCQ and Quiz for Exams\" \/>\n<meta property=\"article:published_time\" content=\"2025-06-01T11:02:18+00:00\" \/>\n<meta name=\"author\" content=\"rawan239\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"rawan239\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"2 minutes\" \/>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"Under which Schedule of the Constitution of India can the transfer of","description":"The transfer of tribal land to private parties for mining can be declared null and void under the Fifth Schedule of the Constitution of India. - The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in any State except Assam, Meghalaya, Tripura, and Mizoram. - 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.","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/exam.pscnotes.com\/mcq\/under-which-schedule-of-the-constitution-of-india-can-the-transfer-of\/","og_locale":"en_US","og_type":"article","og_title":"Under which Schedule of the Constitution of India can the transfer of","og_description":"The transfer of tribal land to private parties for mining can be declared null and void under the Fifth Schedule of the Constitution of India. - The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in any State except Assam, Meghalaya, Tripura, and Mizoram. - 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.","og_url":"https:\/\/exam.pscnotes.com\/mcq\/under-which-schedule-of-the-constitution-of-india-can-the-transfer-of\/","og_site_name":"MCQ and Quiz for Exams","article_published_time":"2025-06-01T11:02:18+00:00","author":"rawan239","twitter_card":"summary_large_image","twitter_misc":{"Written by":"rawan239","Est. reading time":"2 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/exam.pscnotes.com\/mcq\/under-which-schedule-of-the-constitution-of-india-can-the-transfer-of\/","url":"https:\/\/exam.pscnotes.com\/mcq\/under-which-schedule-of-the-constitution-of-india-can-the-transfer-of\/","name":"Under which Schedule of the Constitution of India can the transfer of","isPartOf":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/#website"},"datePublished":"2025-06-01T11:02:18+00:00","dateModified":"2025-06-01T11:02:18+00:00","author":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/#\/schema\/person\/5807dafeb27d2ec82344d6cbd6c3d209"},"description":"The transfer of tribal land to private parties for mining can be declared null and void under the Fifth Schedule of the Constitution of India. - The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in any State except Assam, Meghalaya, Tripura, and Mizoram. - 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.","breadcrumb":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/under-which-schedule-of-the-constitution-of-india-can-the-transfer-of\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/exam.pscnotes.com\/mcq\/under-which-schedule-of-the-constitution-of-india-can-the-transfer-of\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/exam.pscnotes.com\/mcq\/under-which-schedule-of-the-constitution-of-india-can-the-transfer-of\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/exam.pscnotes.com\/mcq\/"},{"@type":"ListItem","position":2,"name":"UPSC IAS","item":"https:\/\/exam.pscnotes.com\/mcq\/category\/upsc-ias\/"},{"@type":"ListItem","position":3,"name":"Under which Schedule of the Constitution of India can the transfer of"}]},{"@type":"WebSite","@id":"https:\/\/exam.pscnotes.com\/mcq\/#website","url":"https:\/\/exam.pscnotes.com\/mcq\/","name":"MCQ and Quiz for Exams","description":"","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/exam.pscnotes.com\/mcq\/?s={search_term_string}"},"query-input":"required name=search_term_string"}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/exam.pscnotes.com\/mcq\/#\/schema\/person\/5807dafeb27d2ec82344d6cbd6c3d209","name":"rawan239","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/exam.pscnotes.com\/mcq\/#\/schema\/person\/image\/","url":"https:\/\/secure.gravatar.com\/avatar\/761a7274f9cce048fa5b921221e7934820d74514df93ef195a9d22af0c1c9001?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/761a7274f9cce048fa5b921221e7934820d74514df93ef195a9d22af0c1c9001?s=96&d=mm&r=g","caption":"rawan239"},"sameAs":["https:\/\/exam.pscnotes.com"],"url":"https:\/\/exam.pscnotes.com\/mcq\/author\/rawan239\/"}]}},"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/posts\/91670","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/comments?post=91670"}],"version-history":[{"count":0,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/posts\/91670\/revisions"}],"wp:attachment":[{"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/media?parent=91670"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/categories?post=91670"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/exam.pscnotes.com\/mcq\/wp-json\/wp\/v2\/tags?post=91670"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}