If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it?

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  1. This would prevent the transfer of land of tribal people to non-tribal people.
  2. This would create a local self-governing body in that area.
  3. This would convert that area into a Union Territory.
  4. The State having such areas would be declared a Special Category State.

Answer (Detailed Solution Below)

Option 1 : This would prevent the transfer of land of tribal people to non-tribal people.
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Detailed Solution

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The correct answer is Option 1.

Key PointsSchedule 5 of the Indian Constitution

  • The administration and control of Scheduled Areas and Scheduled Tribes are addressed in the Fifth Schedule. 
  • Article 244(1) is directly related to Schedule 5.
    • Ten states currently have Fifth Schedule Areas: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana.
  • The criteria for declaring an area as Scheduled Area are as follows:
    • a preponderance of tribal population;
    • compactness and reasonable size of the area;
    • under-developed nature of the area; and
    • the marked disparity in the economic standard of the people.
  • The Governor can make regulations for the peace and good government of a scheduled area after consulting the tribes' advisory council.
  • Such regulations may prohibit or restrict the transfer of land by tribal to non-tribal members or among members of the scheduled tribes, and regulate the allotment of land to members of the scheduled tribes. Hence, Option 1 is correct.
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