Under the Fifth Schedule, the Governor's regulations in Scheduled Areas can prohibit or restrict which of the following?

Question

Question

This question was previously asked in

RRB NTPC Graduate Level CBT-I Official Paper (Held On: 05 Jun, 2025 Shift 3)

Answer 1

The correct answer is Land transfers.

Key Points

The Fifth Schedule of the Indian Constitution provides special administrative provisions for the Scheduled Areas, primarily to protect the rights of tribal communities.
The Governor of a state with Scheduled Areas is empowered to make regulations to prohibit or restrict the transfer of land by or among members of Scheduled Tribes.
These regulations aim to prevent the exploitation of tribal land by non-tribal individuals or entities.
The Governor can also regulate the allotment of land for agricultural purposes or settlement, ensuring the protection of tribal interests.
The objective is to uphold tribal autonomy, safeguard their cultural identity, and prevent land alienation.

Additional Information

Scheduled Areas
- Scheduled Areas are specified regions in India recognized for the protection of tribal communities under the Fifth Schedule of the Constitution.
- These areas are identified based on the concentration of tribal populations and their socio-economic backwardness.
Role of the Governor
- The Governor has legislative authority under the Fifth Schedule to make regulations for peace and good governance in Scheduled Areas.
- This includes the power to modify or nullify laws passed by the State Legislature in these areas.
Tribal Land Protection
- The primary aim of restrictions on land transfers is to prevent the alienation of tribal land to non-tribals, which could lead to loss of livelihood and cultural erosion.
- Such measures also help in preserving the unique tribal identity and traditional rights of indigenous communities.
Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA)
- PESA empowers Gram Sabhas in Scheduled Areas to safeguard and preserve the traditions, customs, and resources of tribal communities.
- It provides for self-governance and the management of natural resources by tribal groups.