⚖️ Polity & GovernanceUPSC 2019Salient Features of RPA

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

aThird Schedule
bFifth Schedule
cNinth Schedule
dTwelfth Schedule
✓ Correct answer: b) Fifth Schedule
ExplanationThe Fifth Schedule of the Constitution governs the administration and control of Scheduled Areas and Scheduled Tribes.Article 244(1) defines these areas as specified by the President.In the landmark Samatha v. State of Andhra Pradesh (1997) case, the Supreme Court ruled that transferring tribal land to private parties, including for mining, is null and void, reinforcing safeguards for tribal rights.The Governor, with advice from the Tribal Advisory Council (TAC), can make regulations for peace and good governance in these areas.These can include restrictions on land transfers, allotments, and money-lending activities involving scheduled tribes.22

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