UPSC Prelims 2022 Q73: Fifth Schedule & Scheduled Areas — Explained

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?

  1. This would prevent the transfer of land of tribal people to non-tribal people.
  2. This would create a local self-governing body in that area.
  3. This would convert that area into a Union Territory.
  4. The State having such areas would be declared a Special Category State.

Answer: (a) This would prevent the transfer of land of tribal people to non-tribal people.

Statement-wise explanation

  • a: correct — Paragraph 5(2)(a) of the Fifth Schedule lets the Governor make regulations for a Scheduled Area that 'prohibit or restrict the transfer of land by or among members of the Scheduled Tribes'. Under 5(2)(b) and (c), the Governor can also regulate allotment of land to tribals and control money-lending. Such a regulation can repeal or amend any Act of Parliament or the State as it applies to the area. It needs the President's assent and prior consultation with the Tribes Advisory Council. States have used this power to pass land-transfer regulations, such as the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959. That is why blocking tribal-to-non-tribal land transfer is the best-known consequence of scheduling an area.
  • b: incorrect — The Fifth Schedule does not set up any elected local body. Elected self-governing bodies come from the Sixth Schedule, through Autonomous District and Regional Councils in Assam, Meghalaya, Tripura and Mizoram. Panchayats in Fifth Schedule areas come from the separate PESA Act, 1996, made under Article 243M(4)(b). The Fifth Schedule's own body is the Tribes Advisory Council. It is a state-level advisory council of up to 20 members, not a local government.
  • c: incorrect — A Scheduled Area stays part of its State. The Governor administers it and reports on it to the President every year, or whenever asked. Only a law of Parliament under Articles 2–4 can create or change a Union Territory. A Presidential order under Paragraph 6 of the Fifth Schedule cannot.
  • d: incorrect — Special Category Status was never a constitutional consequence of anything. It was an executive classification under the Gadgil formula for central assistance, decided by the National Development Council. It was based on factors like hilly terrain, international borders and a weak economy. Ten States have Scheduled Areas today, among them Gujarat, Maharashtra and Rajasthan, and none of these has ever been a Special Category State.

How to eliminate

You can drop two options with basic polity. Declaring a Scheduled Area is a Presidential order under Paragraph 6 of the Fifth Schedule, so it cannot turn land into a Union Territory. Only a law of Parliament can do that. Special Category Status is a planning-era fiscal label, not a constitutional result. Ten States, including Gujarat and Maharashtra, have Scheduled Areas without that status. That leaves land protection and a local self-governing body. The key fact is that elected local bodies (Autonomous District Councils) belong to the Sixth Schedule. Fifth Schedule areas got panchayats only through a separate law, PESA 1996. The Fifth Schedule itself works through the Governor's power to make regulations, and its main use is Paragraph 5(2)(a) on land transfer. Fact to remember: Fifth Schedule = Governor's regulations plus the Tribes Advisory Council (protection). Sixth Schedule = autonomous councils (self-rule). The word 'best' in the question also matters. The Schedule does not ban land transfer by itself. It lets the Governor ban or restrict it, which is still the closest consequence among the options.

Know more

Article 244 sets up two systems for tribal areas. Article 244(1) applies the Fifth Schedule to Scheduled Areas in any State except Assam, Meghalaya, Tripura and Mizoram. Article 244(2) applies the Sixth Schedule to tribal areas in those four States.

How an area becomes 'Scheduled'. Under Paragraph 6, the President declares Scheduled Areas by order. The President can also increase, reduce or rescind them after consulting the Governor. The usual criteria, which go back to the Dhebar Commission (1960–61), are:

  • a large share of tribal people in the population
  • a compact area of reasonable size
  • underdevelopment
  • a clear economic gap compared with nearby areas

At present, 10 States have Scheduled Areas: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.

What follows from the declaration.

  • Executive power: the Union's executive power covers directions to the State on running these areas.
  • Governor's report: the Governor reports to the President every year on how the areas are administered.
  • Tribes Advisory Council (Paragraph 4): up to 20 members, about three-fourths of them ST members of the Legislative Assembly.
  • Choosing laws (Paragraph 5(1)): the Governor may decide that an Act of Parliament or the State does not apply to the area, or applies with changes.
  • Regulations (Paragraph 5(2)): the Governor may make regulations on land transfer, land allotment and money-lending. These need TAC consultation and the President's assent.
Feature Fifth Schedule Sixth Schedule
Where 10 States with Scheduled Areas Assam, Meghalaya, Tripura, Mizoram
Key body Tribes Advisory Council (advisory) Autonomous District/Regional Councils (elected)
Law-making Governor's regulations Councils make laws on listed subjects
Local self-rule Through PESA Act, 1996 Built into the Schedule

The Bhuria Committee (1994–95) led to PESA 1996, which gives the gram sabha powers over minor forest produce, land alienation and local plans in Fifth Schedule areas.

NCERT Concepts to Revise

  • Fifth Schedule: The question asks what follows once the Fifth Schedule applies to an area, so its provisions are the core of every option.
  • Scheduled Areas: Shows that a Scheduled Area is declared by Presidential order and stays inside its State, which matters for the Union Territory option.
  • PESA Act 1996: PESA is a separate Act of Parliament, which helps you judge where local self-government in these areas really comes from.
  • Dhebar Commission: The Dhebar Commission set the criteria for declaring Scheduled Areas and looked at tribal land problems in them.
  • Bhuria Committee: The Bhuria Committee's report led to PESA, which matters for judging the option about creating local bodies.

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