UPSC Prelims 2019 GS Paper I · Q50 of 100 Polity & Governance medium

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

  1. (a) Third Schedule
  2. (b) Fifth Schedule ✓ UPSC's answer
  3. (c) Ninth Schedule
  4. (d) Twelfth Schedule

Why the answer is (b)

• The Fifth Schedule governs Scheduled Areas and Scheduled Tribes in States other than the north-east; under Paragraph 5 the Governor may regulate or prohibit transfer of land by or among tribals.

• In Samatha v. State of Andhra Pradesh (1997) the Supreme Court held that leasing tribal land in Scheduled Areas to private mining companies is null and void under the Fifth Schedule — option (b).

• The Third Schedule (a) contains oaths; the Ninth (c) shields listed laws; the Twelfth (d) lists municipal functions.

• Hence option (b).

Why the other options are wrong

(a) Third Schedule
The Third Schedule contains forms of oaths.
(c) Ninth Schedule
The Ninth Schedule protects listed laws from challenge.
(d) Twelfth Schedule
The Twelfth Schedule lists municipal functions.

Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2019, held on 2 June 2019. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.

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