by Q. Consider the following statements:
UPSC Civil Services Examination (Prelims) 2025 – General Studies Paper I
With reference to the Constitution of India, if an area in a State is declared as a Scheduled Area under the Fifth Schedule:
1. The State Government loses its executive power in such areas, and the local body assumes total administration.
2. The Union Government can take over the total administration of such areas under certain circumstances.
Which of the statements given above is/are correct?
(a) Only 1
(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (d) Neither 1 nor 2
Explanation:
The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in the states, except the four northeastern states of Assam, Meghalaya, Tripura, and Mizoram. The President of India has the power to declare any area as a Fifth Scheduled Area.
Statement 1 is incorrect.
- The executive power of a State extends to the Fifth Scheduled Areas. However, the Governor of the State has special responsibilities for these areas.
- The Governor must submit an annual report to the President regarding the administration of the Scheduled Areas or whenever the President requires.
- The Union Government also has certain powers: it can give directions to the State regarding administration of Scheduled Areas.
- Each state having Scheduled Areas must establish a Tribal Advisory Council (TAC) to advise on the welfare, development, and advancement of Scheduled Tribes.
Statement 2 is incorrect.
- The Fifth Schedule does not give the Union Government the power to take over the total administration of Scheduled Areas.
- Instead, the Governor is empowered to direct that any particular law or act of Parliament or State Legislature does not apply to a Scheduled Area, or applies with specified modifications and exceptions.
- This ensures that laws can be adapted to local needs and customary practices of tribal communities.
Answer: (d) Neither 1 nor 2
