UPSC Prelims 2025 Q56: Fifth Schedule Scheduled Areas — Explained
Consider the following statements:
With reference to the Constitution of India, if an area in a State is declared as Scheduled Area under the Fifth Schedule
I. the State Government loses its executive power in such areas and a local body assumes total administration
II. the Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the Governor
Which of the statements given above is/are correct?
- I only
- II only
- Both I and II
- Neither I nor II
Answer: (d) Neither I nor II
Statement-wise explanation
- I: incorrect — Paragraph 2 of the Fifth Schedule says that, subject to the Schedule, 'the executive power of a State extends to the Scheduled Areas therein.' The State does not lose its executive power. Administration stays with the State Government, under special oversight by the Governor and the Union. No local body takes over 'total administration.' PESA 1996 gives gram sabhas and panchayats specific powers, such as consultation on land acquisition and control over minor forest produce. It does not replace the State's executive. Statement I mixes this up with Sixth Schedule autonomous district councils.
- II: incorrect — The Constitution gives the Union no power to take over the total administration of a Scheduled Area. Under Paragraph 3, the Governor reports to the President every year, or whenever the President asks. The Union's executive power then 'extends to the giving of directions to the State as to the administration of the said areas.' Article 339(2) similarly lets the Union direct States on schemes for Scheduled Tribe welfare. The Union can only issue directions. The State still runs the area.
How to eliminate
Both statements use strong wording: 'loses its executive power', 'total administration' (twice) and 'take over'. Fifth Schedule provisions add safeguards to the normal State machinery. They do not replace it. Basic knowledge already rules out Statement I. Scheduled Areas in States like Jharkhand, Odisha or Madhya Pradesh are still run by State-appointed District Collectors, State police and State-run ITDAs, so the State has clearly not lost its executive power. That leaves 'II only' or 'Neither'. To decide Statement II, you need the exact power in Paragraph 3: the Union only gives directions to the State, after the Governor's report. Do not confuse this with Article 356 (President's Rule). That covers a whole State during a breakdown of constitutional machinery. It is not a Scheduled Area provision. Fact to remember: Fifth Schedule areas mean State administration plus Governor's regulations plus Union directions. There is no takeover by anyone.
Know more
Scheduled Areas under the Fifth Schedule (Article 244(1))
The President declares Scheduled Areas by order (Para 6). The President can also enlarge, alter or rescind them after consulting the Governor. Scheduled Areas currently exist in 10 States: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.
Who does what
| Authority | Role in Scheduled Areas |
|---|---|
| State Government | Executive power extends to these areas (Para 2) |
| Governor | Can direct that an Act of Parliament or the State Legislature will not apply, or will apply with modifications (Para 5(1)); can make regulations for 'peace and good government' (Para 5(2)), e.g. banning land transfer by or among STs, regulating land allotment and money-lending |
| President | Assents to the Governor's regulations; receives the Governor's report (Para 3); declares or alters Scheduled Areas |
| Union | Gives directions to the State on administration (Para 3; Art. 339(2)) |
| Tribes Advisory Council | Up to 20 members, about three-fourths of them ST members of the State Assembly; advises on ST welfare (Para 4) |
Before making a regulation, the Governor must consult the Tribes Advisory Council. Under Para 7, Parliament can amend the Schedule by ordinary law. Such a law is not treated as an Article 368 amendment.
Fifth vs Sixth Schedule
| Feature | Fifth Schedule | Sixth Schedule |
|---|---|---|
| Where | Tribal areas in other States | Tribal areas of Assam, Meghalaya, Tripura, Mizoram |
| Self-government | No separate legislature; PESA 1996 panchayats | Autonomous District and Regional Councils with law-making, judicial and financial powers |
| Key safeguard | Governor's regulations and Union directions | Council autonomy |
PESA 1996 extended Part IX (Panchayats) to Fifth Schedule areas with modifications. It made the gram sabha central to local self-rule. Article 339(1) also requires the President to appoint a commission on the administration of Scheduled Areas. The first was the Dhebar Commission (1960–61).
NCERT Concepts to Revise
- Fifth Schedule: Both statements depend on how this Schedule divides administrative power between the State, the Governor and the Union.
- Scheduled Areas: The question is about what happens to an area once the President declares it a Scheduled Area.
- Tribes Advisory Council: The TAC is the advisory body in the Fifth Schedule's power structure; knowing its role helps you judge who actually administers these areas.
- Autonomous district council: Statement I's 'local body' running an area recalls these Sixth Schedule councils; compare them with Fifth Schedule arrangements.
- PESA Act 1996: PESA defines what local bodies in Scheduled Areas can do, which bears directly on Statement I's claim.