Q50 · UPSC Prelims 2019 · Set A · Polity and Governance

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

A Third Schedule
B Fifth Schedule
C Ninth Schedule
D Twelfth Schedule

Correct answer: (b) Fifth Schedule

Explanation

  1. A

    Third Schedule

    (a) Third Schedule. This Schedule holds oaths and affirmations of office, not tribal-land transfer rules, so it is not the key.

  2. B

    Fifth Schedule

    (b) Fifth Schedule. Scheduled Areas under the Fifth Schedule empower the Governor to regulate (and prohibit) transfer of tribal land to non-tribals; mining leases that violate those regulations can be treated as void. That Schedule is the official key.

  3. C

    Ninth Schedule

    (c) Ninth Schedule. This is the protected-laws list under Article 31B, not the tribal-area land code, so it is not the key.

  4. D

    Twelfth Schedule

    (d) Twelfth Schedule. This lists municipal functions (Article 243W), not tribal land alienation, so it is not the key.

Summary. Official key is (b) Fifth Schedule. Paragraph 5 of the Fifth Schedule lets the Governor make regulations on land transfer and allotment in Scheduled Areas, which is the constitutional hook to void illegal tribal-land transfers including for mining. PESA, 1996, sits beside it in Fifth Schedule areas. Honour the stored letter (b).

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