Q. With reference to Scheduled Areas mentioned under the Fifth schedule of the Constitution of India, consider the following statements:
1. Normally, the executive power of state governments does not extend to these areas unless permitted by the central government.
2. The Governor of a state having Scheduled area is empowered to direct that any particular act of Parliament does not apply to a scheduled area.
3. The Governor of a state having Scheduled area can prohibit the transfer of land by Scheduled Tribes in these areas.
How many of the above given statements are correct?
Exp) Option b is the correct answer
Statement 1 is incorrect: Normally the executive power of the state government does extend to scheduled areas mentioned in the Fifth schedule of the constitution, thus central government approval is not necessary to exercise executive power by State Governments over scheduled areas. Special powers given to the central government by this schedule is that the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.
Statement 2 is correct: It is true that Governors of the state can amend laws made by Parliament as well as State legislatures which are applicable to these areas with the assent of the President. 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.
Statement 3 is correct: Governors of the state can issue regulations prohibiting the transfer of land by Scheduled Tribes or among themselves in the Scheduled areas mentioned under the fifth schedule. The Governor of the State can also issue regulations to regulate the allotment of land to members of the Scheduled Tribes and to regulate the business of money lenders who lend money to Schedule tribes in scheduled areas.
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