Revision summary
The Governor is the Fifth Schedule’s special law-maker for Scheduled Areas. Regulations may cover land, allotment, and money-lending after TAC consultation. PESA adds Gram Sabha but does not delete the Governor’s scale. Samata showed what land rules can do; Xaxa showed weak use. Paper power exceeds political practice.
Model answer
Introduction
The Governor is the constitutional hinge of the Fifth Schedule. The office can make special law for Scheduled Areas and must work with a Tribes Advisory Council.
Body
What the Schedule gives
- Article 244(1) and the Fifth Schedule apply to notified tribal tracts outside the four Sixth Schedule states.
- The Governor may make regulations for peace and good government, including land transfer, allotment, and money-lending, even if they alter an Act of Parliament for that area.
- A Tribes Advisory Council must be constituted. The Governor is to consult it on such regulations.
What practice shows
- PESA, 1996, after the Bhuria Committee, added Gram Sabha powers, but the Governor remains the regulation-maker at state scale.
- Samata (1997) used Scheduled Area land rules against some mining leases. Governors did not always convert that judgment into tight regulations.
- The Xaxa Committee found weak TAC advice and rare use of the regulation power. Discretion exists on paper more than in weekly government.
Limit
- The Governor is still a Union appointee in a partisan state field. Role and political will are not the same thing.
Flow diagram
flowchart TD G[Governor] --> R[Fifth Schedule regulations] G --> T[Tribes Advisory Council] R --> L[Land money-lending peace]
Conclusion
In Fifth Schedule areas the Governor can shield land and peace through regulations and TAC advice. The role is large in the text and often small in use.
Quick related
Students also ask
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Role of Governor in Fifth Schedule Areas.
Next question on this syllabus topic (2015 · Q5(e)). View answer →
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Can the Governor overrule a state land Act in a Scheduled Area?
The Schedule allows regulations that modify law for the area, subject to the prescribed process.
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Is this the same as the Sixth Schedule?
No. The Sixth Schedule uses autonomous councils in four North-Eastern states.
PYQ trend
When UPSC asked this
Related PYQs from other years, newest first. Open a question to read it.
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2024 · Q2(a) · Anthropology GS 2 · 20 marks
Critically discuss the recent welfare measures initiated by the Government for the Particularly Vulnerable Tribal Groups (PVTGs). Comment why PVTGs were erroneously called Primitive Tribal Groups (PTGs). -
2023 · Q4(a) · Anthropology GS 2 · 20 marks
Elucidate the problems faced by Particularly Vulnerable Tribal Groups and the major challenges in the formulation of special programmes for their development. -
2015 · Q5(e) · Anthropology GS 2 · 10 marks
Role of Governor in Fifth Schedule Areas.
More from this topic
Q2(a) · UPSC Mains 2024 · Anthropology GS 2 · 20 marks
Critically discuss the recent welfare measures initiated by the Government for the Particularly Vulnerable Tribal Groups (PVTGs). Comment why PVTGs were erroneously called Primitive Tribal Groups (PTGs).
History of administration of tribal areas, tribal policies, plans, programmes of tribal development and their implementation. The concept of PTGs (Primitive…
PVTGs are 75 listed communities identified by vulnerability, not by a primitive essence. CCD plans, FRA habitat rights and PM-JANMAN (2023) are the main recent measures. Delivery still misses hamlets; mining and land loss can cancel welfare. Primitive Tribal Groups was an evolutionist and colonial name that ranked cultures. Particularly vulnerable correctly points to isolation and dispossession as historical facts.
Q4(a) · UPSC Mains 2023 · Anthropology GS 2 · 20 marks
Elucidate the problems faced by Particularly Vulnerable Tribal Groups and the major challenges in the formulation of special programmes for their development.
History of administration of tribal areas, tribal policies, plans, programmes of tribal development and their implementation. The concept of PTGs (Primitive…
PVTGs are about 75 ST groups listed after the Dhebar line, defined by fragile demography, pre-agricultural technology, and low literacy. Problems include forest loss, disease on contact, language-mismatched schools, and collapsed crafts such as Asur smelting. Programme challenges are bad lists, scattered hamlets, one-size housing, and under-used FRA habitat rights. Andaman contact ethics and PM-JANMAN saturation sit at opposite risks: neglect versus forced assimilation. Elwin’s limit on over-administration is still a design rule.
Q5(e) · UPSC Mains 2015 · Anthropology GS 2 · 10 marks
Role of Governor in Fifth Schedule Areas.
History of administration of tribal areas, tribal policies, plans, programmes of tribal development and their implementation. The concept of PTGs (Primitive…
The Fifth Schedule gives the Governor special law and land powers in Scheduled Areas. A Tribes Advisory Council and a report to the President are mandatory tools. The aim is to stop tribal land alienation. In practice the powers are under-used. PESA and FRA still need that gubernatorial watch.
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