Civil Services Prep

Prelims 2019 · Polity and Constitution · Question 90

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

  1. Third Schedule
  2. Fifth Schedule
  3. Ninth Schedule
  4. Twelfth Schedule

Answer

Fifth Schedule

  • (a) Third Schedule: It contains forms of oaths and affirmations for constitutional offices. It has nothing to do with tribal land transfers. Verdict: Incorrect.
  • (b) Fifth Schedule: It deals with the administration and control of Scheduled Areas and Scheduled Tribes. In Samatha v. State of Andhra Pradesh (1997), the Supreme Court held that transfer of tribal land in Scheduled Areas to private mining companies can be null and void. Verdict: Correct.
  • (c) Ninth Schedule: It protects certain laws from judicial review to a limited extent, subject to the basic structure doctrine. It is not the constitutional basis for voiding tribal land transfers. Verdict: Incorrect.
  • (d) Twelfth Schedule: It lists municipal functions under Part IXA. It has no relation to tribal land in Scheduled Areas. Verdict: Incorrect.
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