5th and 6th Schedule MCQ Quiz - Objective Question with Answer for 5th and 6th Schedule - Download Free PDF

The correct answer is 10.

Key Points

• 10 states with Fifth Schedule Areas are covered under the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996.
• These States are: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana.
• The Fifth Schedule of the Constitution of India, which mentions Scheduled Areas, is termed as a "Constitution within a Constitution".
• The Act extended the provisions of Panchayats to the tribal areas of ten states that have Fifth Schedule Areas.

Additional Information

List of Schedules of Indian Constitution:

The correct answer is 'Governor of the state'

Key Points

• Role of the Governor:
  • The Governor of a state in India has special responsibilities with respect to Scheduled Areas and Tribes under the Fifth Schedule of the Indian Constitution.
  • The Governor is empowered to direct that an Act of Parliament or the Legislature of the State shall not apply to a Scheduled Area or shall apply subject to exceptions and modifications.
  • This provision ensures that laws are adapted to the unique socio-economic and cultural conditions of Scheduled Areas, safeguarding the rights and interests of the tribal population.
  • Such powers are exercised by the Governor to address the specific needs and challenges of Scheduled Areas while promoting tribal welfare and autonomy.

Additional Information

• Explanation of Incorrect Options:
  • Chief Justice of High Court of the state:
    • The Chief Justice of a High Court is responsible for judicial administration within the state but does not have legislative or executive authority to direct the application of laws in Scheduled Areas.
    • The role of the judiciary is confined to interpreting and enforcing laws, not modifying or exempting them.
  • Chief Minister of the state:
    • The Chief Minister is the head of the state government and is responsible for the administration and execution of laws but has no constitutional authority to decide the applicability of laws in Scheduled Areas.
    • Such powers are specifically assigned to the Governor under the Fifth Schedule of the Constitution.
  • Union Minister of Home Affairs:
    • The Union Minister of Home Affairs plays a significant role in national security and internal administration but does not have jurisdiction over the application of laws in Scheduled Areas within states.
    • The power to make such decisions is decentralized to the state level through the Governor.
• Fifth Schedule of the Indian Constitution:
  • The Fifth Schedule deals with the administration and control of Scheduled Areas and Scheduled Tribes in states other than those in the Sixth Schedule (Assam, Meghalaya, Tripura, and Mizoram).
  • It empowers the Governor to manage the application of laws and to ensure that tribal interests are protected.
  • A Tribal Advisory Council is also mandated in states with Scheduled Areas to advise on matters pertaining to the welfare of Scheduled Tribes.

The Correct answer is Article 244.

Key Points

• Article 244 of the Indian Constitution provides for the Administration of Scheduled Areas and Tribal Areas.
• It is divided into two clauses: Article 244(1) which pertains to the administration of Scheduled Areas in Part A States, and Article 244(2) which pertains to administration in Part B States.
• Under this article, the provisions of the Fifth Schedule apply to Scheduled Areas, and the provisions of the Sixth Schedule apply to Tribal Areas in certain northeastern states.
• The Fifth Schedule contains provisions related to the governance and administration of Scheduled Areas and Tribes, including provisions for the establishment of a Tribes Advisory Council.
• The Sixth Schedule provides for the administration of Tribal Areas in Assam, Meghalaya, Tripura, and Mizoram by granting them autonomy through District and Regional Councils.
• This article aims to safeguard the rights and interests of tribal communities and ensure their self-governance and development.
• Scheduled Areas are designated under the Constitution to promote the welfare of Scheduled Tribes, considering their socio-economic backwardness.

 Additional Information

• Article 242
  • Article 242 of the Indian Constitution deals with the provisions relating to the Tribunals.
  • It is primarily concerned with the establishment of Tribunals for resolving disputes.
  • This article is not directly related to the administration of Scheduled or Tribal Areas.
• Article 246
  • Article 246 outlines the division of powers between the Union and the States.
  • It specifies the subjects under the Union List, State List, and Concurrent List in the Seventh Schedule of the Constitution.
  • This article governs legislative powers rather than the administration of Scheduled and Tribal Areas.
• Article 248
  • Article 248 deals with the exclusive power of Parliament to make laws on matters not enumerated in the State List or the Concurrent List.
  • This article is related to the residuary powers of legislation and is not relevant to Scheduled or Tribal Areas.

The Correct answer is Fifth Schedule.

Key Points

• The Fifth Schedule of the Indian Constitution deals with the provisions for the administration and control of Scheduled Areas and Scheduled Tribes.
• It applies to areas identified as Scheduled Areas, where the population predominantly consists of Scheduled Tribes.
• The main aim of the Fifth Schedule is to ensure social, economic, and political justice for the Scheduled Tribes and protect their cultural heritage.
• It provides for the establishment of a Tribal Advisory Council in states with Scheduled Areas to advise on policies and programs for tribal welfare.
• The Governor of the state is empowered to make regulations and modify laws for the Scheduled Areas to ensure their welfare and safeguard tribal interests.
• The President of India has the authority to declare any area as a Scheduled Area under the Fifth Schedule.
• States such as Chhattisgarh, Jharkhand, Odisha, Andhra Pradesh, Madhya Pradesh, Maharashtra, Gujarat, and Rajasthan have Scheduled Areas under this provision.

 Additional Information

• Seventh Schedule
  • The Seventh Schedule of the Indian Constitution defines the division of powers between the Union and State governments through three lists: the Union List, State List, and Concurrent List.
  • The Union List includes subjects of national importance, such as defense, foreign affairs, and atomic energy.
  • The State List covers subjects like police, public health, and agriculture, which are primarily under state jurisdiction.
  • The Concurrent List includes subjects such as education, marriage, and bankruptcy, where both the Union and State governments can legislate.
• Eighth Schedule
  • The Eighth Schedule of the Indian Constitution contains a list of 22 recognized languages in India.
  • Languages such as Hindi, Bengali, Telugu, Tamil, Urdu, and others are included in this schedule.
  • The purpose of this schedule is to promote and preserve regional and linguistic diversity in the country.
• Fourth Schedule
  • The Fourth Schedule of the Indian Constitution deals with the allocation of seats in the Rajya Sabha (Council of States) to the states and union territories.
  • The allocation is based on the population of each state and union territory.
  • It ensures proportional representation of states in the upper house of Parliament.

The correct answer is option 4

Key Points

• Article 371A grants special rights to Nagaland, safeguarding Naga customs, land, and resources. Hence, 1 is correct.
• No Act of Parliament relating to religious or social practices of the Nagas shall apply to Nagaland unless the State Legislative Assembly decides so. This is a core provision under Article 371A, protecting Naga traditions and autonomy. Hence 2 is correct.
•  The Governor of Nagaland has special discretionary powers over law and order under Article 371A(1)1.. This was originally intended due to security concerns in the region. Hence, 3 is correct.
  • The Governor has such discretionary powers only in specific situations related to internal security (as per Article 371A(1)1.). Otherwise, the Governor acts on the advice of the Council of Ministers.

Additional Information

1. The Acts of Parliament relating to the following matters would not apply to Nagaland unless the State Legislative Assembly so decides:
   • Religious or social practices of the Nagas.
   • Naga customary law and procedure.
   • Administration of civil and criminal justice involving decisions according to Naga customary law; and
   • Ownership and transfer of land and its resources.
2. The Governor of Nagaland shall have special responsibility for law and order in the state so long as internal disturbances caused by the hostile Nagas continue.
   1. In the discharge of this responsibility, the Governor, after consulting the Council of Ministers, exercises his individual judgement and his decision is final.
   2. This special responsibility of the Governor shall cease when the President so directs.
3. The Governor has to ensure that the money provided by the Central Government for any specific purpose is included in the demand for a grant relating to that purpose and not in any other demand moved in the State Legislative Assembly.

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.

The correct answer is 10.

Key Points

• 10 states with Fifth Schedule Areas are covered under the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996.
• These States are: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana.
• The Fifth Schedule of the Constitution of India, which mentions Scheduled Areas, is termed as a "Constitution within a Constitution".
• The Act extended the provisions of Panchayats to the tribal areas of ten states that have Fifth Schedule Areas.

Additional Information

List of Schedules of Indian Constitution:

The correct answer is Assam, Meghalaya, Tripura, Mizoram

Key Points

Sixth Schedule

• The Sixth Schedule comes under Article 244 of the Constitution.
• This schedule contains special provisions for the four north-eastern states of Assam, Meghalaya, Tripura and Mizoram.
• Article 244 provides them for the formation of Autonomous District Councils (ADCs) that will comprise of some legislative, judicial, and administrative autonomy within a state.
• Hence, Arunachal Pradesh is not mentioned in that schedule.

Additional Information 

Twelve Schedules of Indian Constitution:

The correct answer is '6th Schedule'.

Key Points

• 6^th Schedule of the Indian Constitution provides for the administration of tribal areas of "Assam, Meghalaya, Tripura and Mizoram".
• It provides for autonomy in the administration of these areas through Autonomous District Councils (ADCs)
• This special provision is provided under Article 244(2) and Article 275(1) of the Constitution.

Hence, the correct answer is 6th Schedule.

Important Points

Let's have a look at other options:

Option 1 is NOT correct.

Key Points

• 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, rescind such designation or make fresh orders for such redesignation on an area in consultation with the governor of the state concerned. Hence, Option 1 is NOT correct.
• The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura, and Mizoram.
• At present (2019), ten states of India have scheduled areas.
• These are Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.
• The Executive power of the Centre extends to giving directions to the states regarding the administration of scheduled areas.
• A Tribal Advisory Council is to consist of 20 members, three-fourths of whom are to be the representatives of the scheduled tribes in the state legislative assembly.
• The 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.

Sixth schedule under the Indian Constitution provides for 10 Autonomous District Councils in 4 states.

• The states are Assam, Tripura, Meghalaya, and Mizoram.
• Article 244 deals with the administration of tribal areas in states under the sixth schedule.
• The Fifth Schedule is concerned with Scheduled Areas as declared by the President - Article 244(1)
• The Fourth Schedule is concerned with the allocation of seats in the Rajya Sabha.
• The Third Schedule is concerned with the Oath and Affirmations for Union and State Ministers, MPs, MLAs, MLCs, etc.

The correct answer is Nagaland.

Key Points

• ​The sixth Schedule deals with provisions relating to the administration of tribal areas.
• It includes the tribal areas of Assam, Meghalaya, Tripura, and Mizoram. Nagaland is not included in 6th Schedule.

Additional Information

• Articles covered in Sixth Schedule are 244 and 275.
• The Fifth Schedule, on the other hand, deals with the administration and control of scheduled areas and scheduled tribes in any state except Assam, Mizoram, Tripura, and Meghalaya.​
• 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, rescind such designation or make fresh orders for such redesignation on an area in consultation with the governor of the state concerned.

The correct answer is option 2, i.e Fifth Schedule.

• The Indian Constitution provides autonomy to tribal areas in governance under the Fifth and Sixth Schedules.
  • Fifth schedule entails the provisions relating to the administration and control of scheduled areas and scheduled tribes.
  • Sixth schedule entails the provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.
• According to the Samatha v. State of Andhra Pradesh & Ors (1997) judgment where the Supreme Court declared that the transfer of tribal land to private parties for mining was null and void under the Fifth Schedule.
• The protection of the rights of tribal and indigenous people is further strengthened by the Recognition of Forest Rights Act, 2006 which protects the individual and community rights of tribal people in forest areas and their right to free and prior informed consent in event of their displacement and resettlement. 

The correct answer is Anti-defection.

Key Points

• The 10th Schedule of the Indian Constitution is about Anti-defection.
  • 10th Schedule of The Constitution of India is about anti-defection law.
  • Anti defection law acts as a deterrent for those who hop parties from one to other.
  • It is a type of control system against the members of any political party leaving the original party for another.

Additional Information

• The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.
• Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, political stance, or any other restriction, subject only to relatively minor exceptions.
• The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.

Sixth Schedule

• The Sixth Schedule comes under Article 244 of the Constitution.
• This schedule contains special provisions for the four north-eastern states of Assam, Meghalaya, Tripura and Mizoram.
• Article 244 provides them for the formation of Autonomous District Councils (ADCs) that will comprise of some legislative, judicial, and administrative autonomy within a state.
• Hence, Arunachal Pradesh is not mentioned in that schedule.

Key Points

Twelve Schedules of Indian Constitution: