Q. With reference to the Fifth Schedule of the Constitution, consider the following statements:
1. A region is declared as a Scheduled Area by the President but any change in its area can be done only by the Governor of respective State.
2. The executive power of a State does not extend to the Scheduled Areas.
3. The President can direct to establish a Tribes Advisory Council in states without Scheduled Areas.
4. A Governor can make a regulation to repeal any act of the state legislature in Scheduled Areas, with President’s assent.
How many of the above given statements are correct?
Exp) Option b is the correct answer.
Statement 1 is incorrect: 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.
Statement 2 is incorrect: The executive power of a state extends to the Scheduled Areas. But the Governor has a special responsibility regarding such areas. The executive power of the Centre extends to giving directions to the states regarding the administration of such areas.
Statement 3 is correct: Each state having Scheduled Areas has to establish a tribe’s advisory council to advice on welfare and advancement of the scheduled tribes. A similar council can also be established in a state having scheduled tribes but not Scheduled Areas therein, if the President so directs.
Statement 4 is correct: The Governor have several powers in respect to the Scheduled Areas. He may make a regulation to repeal or amend any act of Parliament or the state legislature, which is applicable to a scheduled area. But all such regulations require the assent of the President.
