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Q5(d) · UPSC Civil Services Mains 2022 · Anthropology GS 2 · 10 marks · 1 min read

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Role of the Governor in the Fifth Schedule areas

Topic: History of administration of tribal areas, tribal policies, plans, programmes of tribal development and their implementation. The concept of PTGs (Primitive…. Syllabus: 9.1 History of administration of tribal areas, tribal policies, plans, programmes of tribal development and their implementation. The concept of PTGs (Primitive Tribal Groups), their distribution, special programmes for their development. Role of N.G.O.s in tribal development. Same official PYQ from year-wise 2022 and History of administration of tribal areas, tribal policies, plans, programmes of tribal development and their implementation. The concept of PTGs (Primitive….

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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

  • Austroasiatic languages.

    Next question in the 2022 paper (Q5). View answer →

  • 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.

  • 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.

  1. 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).

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  2. 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.

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  3. 2015 · Q5(e) · Anthropology GS 2 · 10 marks

    Role of Governor in Fifth Schedule Areas.

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