Question 91 from UPSC CSE 2019 - Polity & Governance

Question

Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?

Accepted Answer

Correct Option: B. Fifth Schedule

Strategy: Focus on the phrase 'transfer of tribal land'—it directly relates to the special constitutional protections for Scheduled Areas. The Fifth Schedule is exclusively concerned with administration and control of Scheduled Areas and Scheduled Tribes, whereas other Schedules deal with unrelated matters. Recognizing this link immediately guides to option B.

Key Info: ## Fifth Schedule and Tribal Land Protection

The Fifth Schedule of the Indian Constitution (Articles 244(1) and 244(2)) provides a framework for the administration and control of Scheduled Areas and Scheduled Tribes. Its primary purpose is to protect tribal interests, particularly regarding land ownership.

- **Land Transfer Provisions**: It includes provisions to limit or prohibit the transfer of land by or among members of the Scheduled Tribes.
- **Governor's Powers**: The Governor of a state with Scheduled Areas holds special powers to make regulations that prohibit or restrict land transfers, thereby protecting tribal ownership.
- **Judicial Precedent**: The Supreme Court, in *Samatha v. State of Andhra Pradesh* (1997), ruled that transferring tribal lands in Scheduled Areas to non-tribals for mining or private industry is invalid, reinforcing the protective intent of the Fifth Schedule.

### Other Constitutional Schedules

For context, other Schedules serve different functions:

- **Ninth Schedule**: Deals with laws immune from judicial review (Article 31B).
- **Third Schedule**: Pertains to the forms of oaths or affirmations for public officials.
- **Twelfth Schedule**: Outlines the powers and responsibilities of Municipalities (urban local bodies).

### Additional Statutory Support

Beyond the Constitution, other laws strengthen tribal land and resource rights:

- **Panchayats (Extension to Scheduled Areas) Act (PESA), 1996**: Extends the provisions of Part IX of the Constitution to Scheduled Areas, safeguarding tribal self-governance and resource management.
- **Forest Rights Act (FRA), 2006**: Recognizes and vests the forest rights and occupation in forest land in Scheduled Tribes and other traditional forest dwellers.

Answer

Option A: Third Schedule

Answer

Option C: Ninth Schedule

Answer

Option D: Twelfth Schedule