GS Paper 2

POLITY
Panchayat Raj Institutions/Urban Local Bodies, 5th &6th
Schedule

Dr. Shruti Joshi

 GS Paper 2
POLITY
Panchayat Raj Institutions

Dr. Shruti Joshi

 (I) PRIs
What is a PRI?
• Panchayati Raj Institution (PRI) is a system of rural local self-government in
India.

• Local Self Government is the management of local affairs by such local bodies
who have been elected by the local people.

• PRI was constitutionalized through the 73rd Constitutional Amendment Act,

1992 to ensure democracy at the grass roots level and was endowed with the task
of enabling rural development in the country.
Core Principles of Local Governance
1)Subsidiarity: The central idea of subsidiarity is that citizens as sovereigns and
stake-holders in a democracy are the final decision-makers.

2)Democratic Decentralisation
Effective democratic decentralisation from States to Local Governments should be the
cardinal principle of administrative reforms.

3) Delineation of Functions
In a federal democracy, the roles and responsibilities of various tiers of government have to be
clearly defined.
4)Devolution in Real Terms

5) Convergence

6)Citizen Centricity
Evolution of PRIs after Independence
1) Constitution of India
• Article 40 (Directive Principle of State Policy) Organisation of village
panchayats The State shall take steps to organize village panchayats and endow
them with such powers and authority as may be necessary to enable them to
function as units of self government.
• Article 246: The seventh schedule under Article 246 of the constitution deals
with the division of powers between the union and the states. It contains three
lists- Union List, State List and Concurrent List.
Article 246 empowers the State legislature to legislate with respect to any subject
relating to local self-government.
2) Community Development Programmes (CDP) on the eve of Gandhi Jayanti,
the 2nd October, 1952.
3) Balwant Rai Mehta Committee---
• In 1957, the National Development Council constituted a committee headed by
Balwant Rai Mehta to look into the working of community development
programme.
• The Committee recommended a scheme for “democratic decentralisation”, as
well as a three tier system with directly elected members at the village level.

• Rajasthan became the first state to adopt the system.

4) 1977---Ashok Mehta Committee :
• 3 tier PRI should be replaced with a 2 tier PRI with Zila Parishad at the district
level and Mandal panchayat below it.
• Committee also recommended for Nyaya panchayat

5) G V K Rao Committee:
• The committee recommended reducing the developmental role of the district
collector and giving a major role to PRI.
• A post of district development commissioner should be created.
6) L.M Singhvi Committee
• Appointed to recommend on the revitalization of PRI for democracy and
development.
• It suggested that constitutional status must be given to PRI.

7) Thus 73rd and 74th Constitutional amendment act was passed by Parliament
in 1992 and got assent on 20th April 1993. Through these amendments local
self-governance was introduced in rural and urban India.

Few other committes---Hanumantha Rao Committee (1983), G.V.K. Rao

Committee (1985), L.M.Singhvi Committee (1986) and the Sarkaria Commission
on Centre-State relations (1988), P.K. Thungan Committee (1989) and Harlal Singh
Kharra Committee (1990).
Salient Features of the Constitution 73rd Constitutional
Amendment (Part IX of the Indian Constitution which consists of Articles 243 to
243-O.)
1)Compulsory Provision
• Organization of Gram Sabhas.
• Creation of a three-tier panchayat system.
• Direct elections.
• The minimum age for contesting would be 21 years.
• Indirect elections to post of chairman.
• Reservation of seats for SC/STs in proportion to population.
• Reservation for the women. Creation of SECs (State election committee).
• Creation of SFCs (State fianance committee).
2) Voluntary Provisions
• Voting rights to MPs and MLAs in these bodies.
• Reservation for backward classes.
• Giving the PRIs financial powers.
• Devolution of functions under XIth schedule
3) This amendment added a new part to the Constitution, namely, Part IX titled
“The Panchayats” and accorded Panchayat a constitutional status as
institutions of local governance for rural India.
4) The Eleventh Schedule was also added which contains the provisions, authority
and responsibilities of the Panchayats. The schedule places as many as 29 functions
within the purview of the Panchayati Raj bodies.
5) Gram Sabha: Basic units of democratic system-Gram Sabhas (villages)
comprising all the adult members in the village registered as voters.
6) Three-tier system: A 3-tier system of Panchayati Raj for all States having
population of over 20 lakh. (Article 243B).
7)The Panchayats have been established in each state through acts of the respective
states.
8) Administrative Structure of the PRIs
• All States now have a uniform three tier Panchayati Raj structure. At the base is the
‘Gram Panchayat ‘. A Gram Panchayat covers a village or group of villages. Provides
for the establishment of a panchayat at the village level for every village having a
population of at least 500 persons.
• The intermediary level is the Mandal (also referred to as Block or Taluka). These
bodies are called Mandal or Taluka Panchayats. The intermediary level body need not be
constituted in smaller States.
• At the apex is the Zilla Panchayat covering the entire rural area of the District.
• This 3 tier system of PRI is for all states having population of more 20 lakh.
• The amendment also made a provision for the mandatory creation of the Gram Sabha.
The Gram Sabha would comprise all the adult members registered as voters in the
Panchayat area. Its role and functions are decided by State legislation.
9) Elections to the PRIs
• All the three levels of Panchayati Raj institutions are elected directly by the people.
• The term of each Panchayat body is five years.
• If the State government dissolves the Panchayat before the end of its five year term, fresh
elec tions must be held within six months of such dissolution.
• A panchayat constituted upon the dissolution of a panchayat before the expiration of its
duration shall continue only for the remainder of the period for which the dissolved
panchayat would have continued had it not been so dissolved.
• Also no person shall be disqualified on the ground that he is less than 25 years of age if he
has attained the age of 21 years.
• Election of members and chairperson: The members to all the levels of the Panchayati
Raj are elected directly and the chairpersons to the intermediate and the district level are
elected indirectly from the elected members and at the village level the Chairperson is
elected as determined by the state government. (Article 243C (2)).
• State Election Commission (Article 243K): The superintendence, direction and control
of the preparation of electoral rolls and the conduct of all elections to the panchayats is
vested in the State Election Commission appointed by the governor.

10) Reservation of seats:

• For SC and ST: Reservation to be provided at all the three tiers in accordance with their
population percentage.
• For women: Not less than one-third of the total number of seats to be reserved for women,
further not less than one-third of the total number of offices for chairperson at all levels of
the panchayat to be reserved for women. One-third offices of chairpersons at all levels
reserved for women (Article 243D).
• The state legislatures are also given the provision to decide on the reservation of seats in
any level of panchayat or office of chairperson in favour of backward classes.
 11) Financial Powers of the PRIs---- Article 243-G:
• Power of PRIs to prepare plans for economic development and social justice.
• Article 243-H: State legislature can enact laws for the following:
✔ To authorise a Panchayat to levy, collect and appropriate some taxes, duties,
tolls and fees.
✔ To assign to the Panchayat, some taxes, duties, tolls levied and collected by
the State Government.
✔ To provide for making grants-in-aid to the Panchayats from the Consolidated
Fund of the State.
✔ To provide for the constitution of such funds for Panchayats for crediting all
money received by or on behalf of Panchayats and also the withdrawal of
such money therefrom.
12) Duration of Panchayat: The Act provides for a five-year term of office to all the
levels of the panchayat. In the event of dissolution, elections compulsorily within six
months (Article 243E)

13) State Finance Commission (Article 243I): SFC to be appointed by the state
govt once in five years.
• To examine the financial position of the local governments in the State.
• To also review the distribution of revenues between the State and local
governments on the one hand and between rural and urban local governments on
the other.
• Finances: The state legislature may –
✔ Authorize a panchayat to levy, collect and appropriate taxes, duties, tolls and fees.
✔ Assign to a panchayat taxes, duties, tolls and fees levied and collected by the state
government.
✔ Provide for making grants-in-aid to the panchayats from the consolidated fund of the
state.
✔ Provide for the constitution of funds for crediting all money of the panchayats.
 14) Exempted states and areas:
The Act does not apply to the states of Nagaland, Meghalaya and Mizoram and certain other
areas. These areas include,
✔ The scheduled areas and the tribal areas in the states of Andhra Pradesh, Bihar, Gujarat,
Himachal Pradesh, Madhya Pradesh, Maharashtra, Orissa and Rajasthan.
✔ The hill area of Manipur for which a district council exists
✔ Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists.

▪ In conformity with provisions in the Constitution Amendment Act, an Act called

the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996 passed by
the Government of India.
• PESA Act of 1996 Panchayats (Extension to Scheduled Areas) Act 1996.
Panchayats (Extension to Scheduled Areas) Act 1996
Context: The provisions of the 73rd amendment were not made applicable to the areas inhabited
by the Adivasi populations in many States of India. In 1996, a separate act was passed extending
the provisions of the Panchayat system to these areas. Many Adivasi communities have their
traditional customs of managing common resources such as forests and small water reservoirs,
etc. Therefore, the new act protects the rights of these communities to manage their resources in
ways acceptable to them.
Objectives: The act extends Part IX of the Constitution with certain modifications and
exceptions, to the Fifth Schedule Areas notified under article 244(1) of the Constitution. The
Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas
as well as of Scheduled Tribes residing in any State other than the States of Assam, Meghalaya,
Tripura and Mizoram. At present, Fifth Schedule Areas exist in 10 States viz. Andhra Pradesh,
Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha,
Rajasthan and Telangana.
Definition of Village and Gram Sabha under PESA Act -- A village shall ordinarily consist of
a habitation or a group of habitations or a hamlet or a group of hamlets comprising a community
and managing its affairs in accordance with traditions and customs. Every village shall have a
Gram Sabha consisting of persons whose names are included in the electoral rolls for the
Panchayat at the village level
PESA Empowers Gram Sabha/Panchayat at appropriate level with:--------
• Right to mandatory consultation in land acquisition, resettlement and rehabilitation of
displaced persons. Panchayat at an appropriate level is entrusted with planning and
management of minor water bodies.
• Mandatory recommendations by Gram Sabha or Panchayat at appropriate level for
prospective licenses/lease for mines and concession for the exploitation of minor minerals.
• Regulate sale/consumption of intoxicants.
• Ownership of minor forest produce.
• Prevent land alienation and restore alienated land.
• Manage village markets.
• Control over money lending to STs.
• Control over institutions and functionaries in the social sector, local plans including Tribal
sub plans and resources.
January 2024---The Ministry of Panchayati Raj is organizing this “Two-Day Regional
Conference on Strengthening of the Panchayats (Extension to Scheduled Areas) Act, 1996”
(PESA Act, 1996) during 11th – 12th January, 2024.
Out of the ten PESA States, eight States namely; Andhra Pradesh, Chhattisgarh, Gujarat,
Himachal Pradesh, Maharashtra, Madhya Pradesh, Rajasthan and Telangana have framed and
notified their State PESA Rules under their respective State Panchayati Raj Acts. Two States
(Jharkhand & Odisha) have also framed their draft PESA Rules but they have not notified these
Rules.
 Forest Rights Act 2006 (Ministry of Tribal Affairs: nodal ministry)
Objectives: --
✔ To undo the historical injustice occurred to the forest dwelling communities.
✔ To ensure land tenure, livelihood and food security of the forest dwelling Scheduled Tribes and other
traditional forest dwellers.
✔ To strengthen the conservation regime of the forests by including the responsibilities and authority on
Forest Rights holders.
✔ To ensure sustainable use, conservation of biodiversity and maintenance of ecological balance.
Rights granted under the Act ----
• Title right---ownership to land farmed by tribals + forest dwellers up to 4 hectares (as on 13 Dec
2005).
• Use right--- to minor forest produce, grazing areas, pastoralist routes, etc.
• Relief and development rights---rehabilitation in case of eviction.
• Forest Management Rights---to protect forests and wildlife.
Eligibility under the Act----
• Those who reside primarily in forests.
• Those who depend on forests for livelihood.
• Member of Scheduled Tribes in that area.
• Those residing in forest for more than 75 years.
Role of Gram Sabha: Gram Sabha to decide whose rights to which resources should be
recognised. This is done by Gram Sabha through a resolution. This resolution is then screened
and approved at the higher levels (sub-division-> district)
Screening Committee: 3 govt officials + 3 elected members of local body at that level.
GS Paper 2
POLITY
Urban Local Bodies

Dr. Shruti Joshi

74th Constitutional Amendment Act

1) 74th amendment dealt with urban local bodies or Nagarpalikas.

2) What is an urban area?

• The Census of India defines an urban area as having: (i) a minimum population of 5,000;
(ii) at least 75 per cent of male working population engaged in non-agricultural occupations
and (iii) a density of population of at least 400 persons per sq. km.
• As per the 2011 Census, about 31% of India’s population lives in urban areas
 3) Types of urban Local Bodies
•Municipal Corporations:
✔ These are the largest ULBs.
✔ Manages the affairs of metropolitan cities with
a population of over one million.
✔ Governed by a Mayor-in-Council system,
with a Mayor as the head and a Deputy Mayor to
assist him/her.

•Municipal Councils:
•Intermediate ULBs.
•Manages the affairs of cities with a population of less than one million.
•Governed by a President-in-Council system, with a President as the head and a Vice-President
to assist him/her.
•Nagar Panchayats:

✔ Smaller ULBs.
✔ Manages the affairs of towns with a population of less than 100,000.
✔ Governed by a Chairperson-in-Council system, with a Chairperson as the head
and a Vice-Chairperson to assist him/her.

Apart from these, there also special-purpose ULBs, such as Notified Area Town
Area Committee, Cantonment Board, Townships, Port trust and Special Purpose
Agency.
 Question Explanation
1)1) International
Which of the following statements(IR)
Relations are correct
is all about understanding how countries cooperate, compete,
about the Constitution of India? Indian constitution is the world's lengthiest written constitution had 395
and
1. manage
Powers their relationships
of the Municipalities onIXthe
are given in Part A of global
articles instage.
22 parts and 8 schedules at the time of commencement. Now the
the Constitution. Constitution of India has 448 articles in 25 parts and 12 schedules. Part IX-A
of the Indian constitution deals with municipalities, its composition,
2. Emergency provisions are given in Part XVIII of the powers, etc. It was added by the 74th amendment act of the Indian
Constitution. Constitution. The 74th amendment act was introduced in 1992. It came into
force on 1st June 1993. Hence, statement 1 is correct.
3. Provisions related to the amendment of the
Constitution are given in Part XX of the Constitution. Part XVIII of the Indian constitution envisages the following three
emergencies: General Emergency (also called national emergency)
Select the answer using the code given below : (a) 1 and Breakdown of constitutional machinery in the states -(also called state
2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3 emergency) Financial Emergency. Hence, statement 2 is correct.

(2024) The procedure of amendment in the constitution is laid down in Part XX

Option D (Article 368) of the Constitution of India. Hence, statement 3 is correct.
 GS Paper 2
POLITY
th
Schedule 5 and 6th

Dr. Shruti Joshi

Article 244 in Part X of the
Constitution envisages a special system
of administration for certain areas
designated as:

TRIBAL AREAS--- 6th Schedule

SCHEDULED AREAS--5th Schedule deals with administration of tribal
deals with administration and control areas in states of ATMM*.
of scheduled areas and scheduled tribes
in any state except ATMM*.
ATMM- Assam, Tripura, Meghalaya
and Mizoram.
(I) ADMINISTRATION OF SCHEDULED AREAS—5th Schedule

1) The term scheduled areas in the context of our constitution demarcates the area
where the tribal population is concentrated.
2) The areas inhabited by the socially and educationally backward ‘Aboriginals’ are
called Scheduled Areas.
3) Part 10 of the Indian Constitution entails the provisions related to Scheduled and
Tribal Areas with Articles 244 – 244 A.
4) Declaration of Scheduled Areas:The President is empowered to declare an area to
be a scheduled area. He can also increase or decrease its area, alter its boundary lines,
in consultation with the Governor.
5) Criteria for the declaration of the Scheduled Area:
✔ Prominent numbers of tribal population, i.e. when tribal people are in majority in an
area
✔ Compactness and reasonable size of the area
✔ A viable administrative entity such as a district, block or taluk, and
✔ Economic backwardness of the area as compared to the neighbouring areas.
6) Executive Power of State and Centre:

• Executive power of a State extends to the scheduled areas therein.

• Governor has to submit a report to the President regarding the administration of such areas,
annually or whenever so required by the President.

• Executive power of the Centre extends to giving directions to the states regarding the
administration of such areas.
7) Tribes Advisory Council:

• Each state having scheduled areas has to establish a tribes advisory council.

• It is to consist of 20 members, 3/4 th of whom are to be the representatives of the scheduled

tribes in the state legislative assembly.

8) Law applicable to Scheduled Area:

• Governor is empowered to direct that any particular act of Parliament or the State
Legislature does not apply to a scheduled area or apply with specified modifications and
exceptions.

• He can also make regulations for the peace and good governance of a scheduled area after
consulting the tribes advisory council.
(II) ADMINISTRATION OF TRIBAL AREAS---6th Schedule

The Constitution, under Sixth Schedule, contains special provisions for the
administration of tribal areas in the four north-eastern states of Assam, Meghalaya,
Tripura and Mizoram.

THE VARIOUS FEATURES OF ADMINISTRATION CONTAINED IN THE

SIXTH SCHEDULE:

1)The tribal areas in the four states of Assam, Meghalaya, Tripura and Mizoram have
been constituted as autonomous districts. But they do not fall outside the executive
authority of the State concerned.

2)Governor is empowered to organize and reorganize the autonomous districts.

 3) Rationality: Tribes in AMTM have not assimilated much with the majority and still
have their roots in their own culture, customs etc.
• The tribal areas of AMTM are considered
as Autonomous Districts:
But they do not fall outside the executive
authority of the state concerned.
✔ Assam – Karbi Anglong, 2 Kachari,
Bodoland, Dima Hasao, Rabha Hasong, Mishing, Tiwa, Deori
✔ Meghalaya – Garo, Khasi, Jaintia,
✔ Tripura: Hill dist,
✔ Mizoram – Chakma, Mara, Lai.
4) If there are different tribes in an autonomous district, the governor can divide the district
into several autonomous regions.

5) Each autonomous district has a district council consisting of 30 members, 4 nominated by

the Governor and the remaining 26 are elected on the basis of adult franchise. Each
autonomous region also has a separate regional council. Governor is empowered to organize
and reorganize the autonomous districts.

• The elected members hold office for term of five years and nominated members hold office
during the pleasure of the governor.

6)District and Regional Councils has some legislative + judicial functions with the assent of
President.
7) The laws related to the following can be made by the regional and autonomous councils with
the assent of the governor:
✔ Land
✔ Forests
✔ Canal water
✔ Shifting cultivation
✔ Village administration
✔ Inheritance of property
✔ Marriage and divorce
✔ Social customs
8)The district and regional councils can constitute village councils or courts for trial
of suits and cases between the tribes. They hear appeals from them. The jurisdiction
of high court over these suits and cases is specified by the government.
9)The district council can establish, construct or manage primary schools,
dispensaries, markets, ferries, fisheries, roads and so on in the district.
10) The district and regional councils are empowered to assess and collect land
revenue and to impose certain specified taxes.
11)The acts of Parliament or the state legislature do not apply to autonomous districts
and autonomous regions or apply with specific modifications and exceptions.

12)The Governor can appoint a commission to examine and report on any matter
relating to the administration of the autonomous districts or regions.
Fifth Schedule of the Indian Constitution Sixth Schedule of the Indian Constitution
Basis---
1) Andhra, Telangana, Jharkhand, Chattisgarh, 1) Assam,Meghalaya, Tripura, Mizoram.
Odisha, HP, MH, MP, GJ, RJ. Note: Any States
except Assam, Meghalaya, Tripura, Mizoram.
5th Schedule 6th Schedule
Declaration---
2) By President- can decrease, increase, alter its 2) By Governor- empowered to organize, re
boundary lines, in consultation with the organize autonomous districts.
Governor.

3) Executive power---
States executive power extends to those areas. The tribal areas in the four states have been
Centre extends to giving directions to the States. constituted as autonomous districts. But they do
not fall outside the executive authority of the State
concerned.
5th Schedule 6th Schedule
4) Applicability of law--- 4) Acts of Parliament or the State Legislature do not
apply to autonomous districts and autonomous
Governor is empowered to direct that any
regions or apply with specific modifications and
particular act of Parliament or the State Legislature
exceptions
does not apply to a scheduled area or apply with
specified modifications and exceptions
5) Administration---
Tribal Advisory Council 5) District Councils or Regional Councils.

6)Autonomy---
6) Greater autonomy compared to 5th Schedule.
• Panchayats (Extension to Schedule Areas) act
Autonomous District Councils (ADC) have much
1996.
wider powers vis-à-vis Tribes Advisory Councils.
• Self- governance through Gram Sabha for
people living in 5th Schedule Areas.
5th Schedule 6th Schedule
7) Emphasis— 7) More on self governance.
More on protection of tribal rights.

8) PESA Act
8)Not Applicable
Applicable
Context: Jan 2023----Recently a high-powered committee has been formed in the Union
Territory of Ladakh.
Need for the committee:
∙ There has been increasing demand for the inclusion of Ladakh under the 6th schedule.
NCST Recommendation:
∙ The National Commission for Scheduled Tribes (NCST) has recommended that
the Union Territory (UT) of Ladakh be included in the Sixth Schedule of the
Constitution.
•Ministry of Home Affairs argued that granting sixth schedule status to Ladakh necessitates a
constitutional amendment, a complex process.
•During a meeting with Ladakh representatives, the union home minister proposed extending
Article 371-like protections to the region.
Reasons behind the demand:

∙ It is estimated that more than 90% of Ladakh’s population is tribal. The

primary Scheduled Tribes (STs) in Ladakh are Balti Beda, Bot (or Boto), Brokpa (or
Drokpa, Dard, Shin), Changpa, Garra, Mon and Purigpa.

∙ The Ladakh region has several distinct cultural heritages by communities such
as Drokpa, Balti and Changpa, among others, which need to be preserved and promoted.
 Question Explanation
1) International Relations (IR) is all about
1) Consider the following statements :
understanding how countries cooperate, compete,
342(1) states that the President may with respect to any State or Union
and
1. manage
It is the Governortheir
of therelationships
global onand
the
Territory,stage.
State who recognizes and where it is a State, after consultation with the Governor
declares any community of that State as a Scheduled thereof, by a public notification, specify the tribes or tribal communities or
Tribe. part of or groups within tribes or tribal communities as Scheduled Tribe in
relation to that State or Union Territory as the case may be. Hence,
2. A community declared as a Scheduled Tribe in a State statement 1 is not correct.
need not to be so in another State.

Clause (2) of the Article 342 empowers the Parliament to pass a law to
Which of the statements given above is/are correct ? (a) include in or exclude from the List of Scheduled Tribes, any tribe or tribal
1 only (b) 2 only (c) Both 1 and 2 (d) Neither 2 nor 2 community or parts of these. The List of Scheduled Tribes is State/UT
specific and a community declared as a Scheduled Tribe in a state need not
(2024) be so in another state/UT. Hence, statement 2 is correct.
Option B
 Question Explanation
1) International Relations (IR) is all about understanding how countries cooperate, compete,
2) With reference to 'Scheduled Areas' in India, consider Statement 1 is correct: As per the Indian Constitution (Part C of the Fifth
and
the manage
following their relationships on the global
statements: Schedule),stage.
the expression Scheduled Areas means such areas as the
President may by order declare to be Scheduled Areas.
1. Within a State, the notification of an area as
Scheduled Area takes place through an Order of the Statement 2 is correct: The largest administrative unit forming the
President. scheduled areas has been the district and the lowest the cluster of villages
in the block.
2. The largest administrative unit forming the
Scheduled Area is the District and the lowest is the
cluster of villages in the Block. Statement 3 is not correct: The governor of the state has a special
responsibility regarding such scheduled areas. He has to submit a report to
3. The Chief Ministers of the concerned States are the president regarding the administration of such areas, annually or
required to submit annual reports to the Union whenever so required by the president. Thus only two statements are
Home Ministry on the administration of Scheduled correct. Hence option (b) is the correct answer.
Areas in the States.

How many of the above statements are correct? (a) Only

one (b) Only two (c) All three (d) None
(2023)

Option B
 Question Explanation
1) International Relations (IR) is all about understanding how countries cooperate, compete,
3) If a particular area is brought under the Fifth Schedule The Indian Constitution provides autonomy to tribal areas in matters of
ofand manage their
the Constitution of India,relationships on the global
which one of the following governancestage.
under the Fifth and Sixth Schedules, which is further fortified
statements best reflects the consequence of it? by the Samatha v. State of Andhra Pradesh & Ors (1997) judgment where
the Supreme Court declared that the transfer of tribal land to private
(a) This would prevent the transfer of land of tribal parties for mining was null and void under the Fifth Schedule.
people to non tribal people.
Special Provisions for Fifth Schedule Areas: -
(b) This would create a local self-governing body in that✔ The Union Government shall have executive powers to give directions to
area. the States as to the administration of the Scheduled Areas.
✔ Provision for establishment of a Tribes Advisory Council (TAC) in any
(c) This would convert that area into a Union Territory. State having Scheduled Areas.
✔ The Governor may make regulations:
(d) The State having such areas would be declared a # prohibit or restrict the transfer of land by or among members of the
special Category State. Scheduled tribes in such area;
#regulate the allotment of land to members of the STs in such area;
# regulate the carrying on of business as money-lender by persons who
2022 lend money to members of the STs in such area.
Option A
At present, 10 States namely Andhra Pradesh, Chhattisgarh, Gujarat,
Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha,
Rajasthan and Telangana have Fifth Scheduled Areas.
 Question Explanation
1) International Relations (IR) is all about understanding how countries cooperate, compete,
4) At the national level, which ministry is the nodal
Ministry of Tribal Affairs is the nodal agency at the national level to ensure
and manage
agency their implementation
to ensure effective relationshipsglobal on the
effective stage.
of the implementation of the Scheduled Tribes and Other Traditional
Scheduled Tribes and Other Traditional Forest Dwellers Forest Dwellers (Recognition of Forest Rights) Act, 2006. An Act to
(Recognition of Forest Rights) Act, 2006? recognize and vest the forest rights and occupation in forest land in forest
dwelling Scheduled Tribes and other traditional forest dwellers who have
(a) Ministry of Environment, Forest and Climate Chang been residing in such forests for generations but whose rights could not be
(b) Ministry of Panchayati Raj recorded. It provides a framework for recording the forest rights so vested
(c) Ministry of Rural Development and the nature of evidence required for such recognition and vesting in
(d) Ministry of Tribal Affairs respect of forest land.

2021

Option D
Prelims Questions

5)The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are
made in order to (UPSC 2015)
(a) protect the interests of Scheduled Tribes
(b) determine the boundaries between States
(c) determine the powers, authority and responsibilities of Panchayats
(d) protect the interests of all the border States
Answer: A