Question 10 from UPSC CSE 2025 - Current Affairs (Polity & Governanc e)

Question

Consider the following statements:
1. With reference to the Constitution of India, if an area in a State is declared as a Scheduled Area under the Fifth Schedule, I. the State Government loses its executive power in such areas and a local body assumes total administration.
2. 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?

Accepted Answer

Correct Option: D. Neither I nor II

Strategy: Critically assessing the phrasing in both statements is essential. The first statement exaggerates by saying the State Government loses all its executive power in a Scheduled Area, which contradicts the Fifth Schedule; the State's executive power continues, albeit subject to special provisions. The second statement wrongly claims the Union can wholly take over administration of Scheduled Areas based just on Governor's recommendation, which the Constitution does not permit under the Fifth Schedule—only directions may be issued, with no direct administrative takeover. Both statements are clearly inconsistent with constitutional provisions, so option D is correct.

Key Info: Scheduled Areas are regions with a significant tribal population, protected and governed by special provisions under the Fifth Schedule of the Constitution of India. The executive power of the State Government extends to Scheduled Areas (Schedule V, Para 2), though the Governor enjoys special legislative and administrative powers which may modify, restrict or apply laws in such areas to protect tribal communities. The Governor may, by public notification, direct that any particular Act of Parliament or of the State Legislature shall not apply to a Scheduled Area or shall apply subject to exceptions (Para 5). The Governor is also tasked to submit annual reports to the President on the administration of these areas and to establish a Tribes Advisory Council (Para 4).

The President of India may, under Para 3 of the Fifth Schedule, issue directions to the State Governor regarding the administration of Scheduled Areas, but the Union Government does not assume direct administrative control unless emergency provisions such as Article 356 (President's Rule) are invoked—an entirely separate constitutional process. The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), further recognizes self-governance by Gram Sabhas in these areas but does not strip the State Government of its executive powers. In summary, the State retains its executive domain, supplemented and confined by central guidelines and the discretionary powers of the Governor, while total Union takeover is neither automatic nor a routine Fifth Schedule process.

Answer

Option A: I only

Answer

Option B: II only

Answer

Option C: Both I and II