Q. Consider the following statements:
With reference to the Constitution of India, if an area in a State is declared as Scheduled Area under the Fifth Schedule
I. the State Government loses its executive power in such areas and local body assumes total administration
II. the Union Government can take over the total administration of such areas under certain circum- stances on the recommendations of the Governor
Which of the statements given above is/are correct?
Exp) Option d is the correct answer.
The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in states except the four states of Assam, Meghalaya, Tripura and Mizoram. The President of India is empowered to declare an area to be a Fifth Scheduled Area.
Statement 1 is incorrect. The executive power of a State extends to the Fifth Scheduled Areas. But the Governor has a special responsibility regarding such areas. He has to submit a report to the President regarding the administration of such areas, annually or whenever so required by the President. The executive power of the Centre extends to giving directions to the States regarding the administration of such areas. Each state having scheduled areas has to establish a tribes advisory council to advise on welfare and advancement of the scheduled tribes.
Statement 2 is incorrect. There is no provision under the Fifth Schedule that allows the Union Government to take over the total administration of Scheduled Areas.
Instead, 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.
Source: Indian Polity by M.Laxmikant Chapter 41
Subject: Polity
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