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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?
This would prevent the transfer of land of tribal people to nontribal 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.
The Indian Constitution provides autonomy to tribal areas in matters of governance under the Fifth and Sixth Schedules, which is further fortified by the Samatha v. State of Andhra Pradesh & Ors (1997) judgment where the Supreme Court declared that the transfer of tribal land to private parties for mining was null and void under the Fifth Schedule. Special Provisions for Fifth Schedule Areas: -The Union Government shall have executive powers to give directions to the States as to the administration of the Scheduled Areas. - Provision for establishment of a Tribes Advisory Council (TAC) in any State having Scheduled Areas. - The Governor may make regulations: # prohibit or restrict the transfer of land by or among members of the Scheduled tribes in such area; #regulate the allotment of land to members of the STs in such area; # regulate the carrying on of business as money-lender by persons who lend money to members of the STs in such area. - At present, 10 States namely Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana have Fifth Scheduled Areas.
By: Parvesh Mehta ProfileResourcesReport error
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