UPSC Prelims 2025Question 56Polity

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 a local body assumes total administration
II. the Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the Governor
Which of the statements given above is/are correct?

Options

(a)I only
(b)II only
(c)Both I and II
(d)Neither I nor II

Correct answer: d

Decision rule

The Fifth Schedule shifts power to the Governor, not away from the State: no Union takeover, no autonomous council, that is the Sixth Schedule.

Explanation

Correct Answer:

(d) Neither I nor II

Explanation of the Correct Answer:

Statement I: "The State Government loses its executive power in such areas and a local body assumes total administration"

Incorrect.
When an area is declared a Scheduled Area under the Fifth Schedule of the Constitution, the State Government does not lose its executive power.
Instead, the Governor of the State is given special responsibilities to make regulations for peace and good governance in these areas.
While Tribal Advisory Councils and special regulations exist, the overall administration remains with the State Government, albeit with special constitutional safeguards.

Statement II: "The Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the Governor"

Incorrect.
The Fifth Schedule does not provide for the Union Government to take over total administration of Scheduled Areas.
It empowers the Governor to:
- Direct that a particular law will not apply or will apply with modifications.
- Make regulations for peace and good governance.
However, there is no provision for the Union to assume direct control, unlike provisions under Article 356 (President’s Rule) which apply more generally.

Why Other Options Are Incorrect:

(a) I only – Incorrect: I is incorrect.
(b) II only – Incorrect: II is incorrect.
(c) Both I and II – Incorrect: Both are incorrect.

Relevant Supplementary Information

Table: Evaluation of the Statements

Statement	Content	Correct?	Explanation
I	State loses power and local body takes over in Scheduled Areas	No	State retains power; Governor gets special responsibilities
II	Union can take over Scheduled Areas administration on Governor’s recommendation	No	No such provision in Fifth Schedule

Related Concepts

Term / Concept	Details
Fifth Schedule	Applies to Scheduled Areas and Tribes in non-Northeastern states
Governor’s Powers	Can make regulations for Scheduled Areas; override state laws; establish Tribal Advisory Council
Tribal Advisory Council	Must be established in states with Scheduled Tribes; 3/4 members must be ST MLAs
Scheduled Area	Declared by the President based on Governor’s recommendation

Current Relevance

Issues of tribal rights, land alienation, and mineral resource governance are prominent in Scheduled Areas.
Debates on PESA Act (Panchayats (Extension to Scheduled Areas) Act, 1996) relate directly to local governance in Scheduled Areas.

Table: Key Concepts Related to Scheduled Areas under the Fifth Schedule

Concept	Provision / Authority	Details
Fifth Schedule	Constitution of India	Covers administration and governance of Scheduled Areas in states other than northeastern states
Declaration of Scheduled Area	President of India (on Governor's recommendation)	Scheduled Areas are notified by the President under the Fifth Schedule
Governor’s Special Powers	Fifth Schedule, Paragraphs 5 & 6	Governor can make regulations for peace and good governance, including modifying laws for these areas
Applicability of Laws	Governor’s discretion	Governor may exclude or modify the application of any central or state law in Scheduled Areas
Tribal Advisory Council (TAC)	Fifth Schedule	Must be established if there are Scheduled Tribes in the state; 3/4 members must be ST MLAs
Union Government Role	Not directly empowered	The Union Government does not assume direct administration under the Fifth Schedule
Difference from Sixth Schedule	Sixth Schedule applies to certain northeastern states	Provides autonomous district councils and more legislative/executive autonomy for tribals

Additional Notes

Topic	Explanation
Local Body Role	No provision for full administrative control by local bodies
State Executive Power	State retains its executive powers; Governor operates with special constitutional duties
PESA Act, 1996	Extends Part IX of the Constitution (Panchayats) to Scheduled Areas, recognizing gram sabha rights
Comparison with President's Rule	President's Rule (Article 356) allows Union takeover; not applicable specifically under Fifth Schedule

Table: Key Concepts Related to Tribal Areas under the Sixth Schedule

Concept	Provision / Authority	Details
Sixth Schedule	Constitution of India (Articles 244(2) and 275(1))	Provides for Autonomous District Councils (ADCs) for administration of tribal areas in select NE states
Applicable States	Assam, Meghalaya, Tripura, and Mizoram	Arunachal Pradesh, Manipur, Nagaland, and Sikkim are not covered under the Sixth Schedule
Autonomous District Councils	Created by Governor	Governor can constitute ADCs and Regional Councils for each tribal area
Legislative Powers of ADCs	Sixth Schedule, Para 3	ADCs can make laws on land, forests, water, agriculture, village administration, inheritance, marriage, etc.
Executive Powers of ADCs	Sixth Schedule, Para 6	ADCs have authority to execute laws made by them and to manage departments like education, health, etc.
Judicial Powers	Sixth Schedule, Para 4	ADCs can establish village courts to try certain categories of civil and criminal cases
Financial Powers	Sixth Schedule, Para 7	ADCs can prepare budgets, levy and collect taxes, fees, tolls, etc.
Role of Governor	Oversight + approval	Governor can dissolve councils, approve or modify laws, or increase/decrease territory of councils
Amendment Process	By Parliament through constitutional amendment	States covered or provisions cannot be altered by ordinary legislation
Difference from Fifth Schedule	Emphasis on self-governance through councils	Fifth Schedule emphasizes Governor’s regulatory power, not autonomous self-rule

Supplementary Comparison with Fifth Schedule

Feature	Fifth Schedule	Sixth Schedule
Region Covered	Rest of India (non-NE tribal areas)	Northeastern tribal areas (Assam, Meghalaya, etc.)
Administrative Unit	No autonomous bodies	Autonomous District/Regional Councils
Legislative Powers	Governor’s regulatory powers	ADCs have specific legislative competencies
Local Governance	Limited; via PESA Act	Direct local governance through councils
Union Role	Minimal	Indirect; mostly through state-Governor structure

Important Autonomous District Councils (as of 2024)

State	ADCs under Sixth Schedule
Assam	Bodoland, Karbi Anglong, Dima Hasao
Meghalaya	Khasi Hills, Jaintia Hills, Garo Hills
Mizoram	Lai, Mara, Chakma
Tripura	Tripura Tribal Areas Autonomous District Council (TTAADC)

Table: Scheduled Areas vs Tribal Areas (Fifth vs Sixth Schedule)

Feature	Scheduled Areas (Fifth Schedule)	Tribal Areas (Sixth Schedule)
Applicable States	Mostly central and non-Northeastern states (e.g., Chhattisgarh, Jharkhand, Odisha, etc.)	Only four Northeastern states: Assam, Meghalaya, Mizoram, Tripura
Constitutional Basis	Fifth Schedule, Article 244(1)	Sixth Schedule, Article 244(2) and 275(1)
Administrative Structure	Administered by State Government with special powers to Governor	Administered through Autonomous District Councils (ADCs) and Regional Councils
Governor’s Powers	Can modify laws, make regulations, direct application of laws	Can establish/dissolve ADCs, approve/return laws passed by ADCs
Legislative Powers	No separate legislature; Governor makes regulations	ADCs have power to legislate on specified subjects (e.g., land, forest, customs)
Local Self-Governance	Limited, enabled via PESA Act, 1996	Strong local governance via elected councils
Tribal Advisory Council (TAC)	Mandatory if ST population; advisory body to Governor	Not required; powers exercised through ADCs
Judicial Powers	Not defined separately	ADCs can set up village courts with limited jurisdiction
Taxation & Budgeting	Done by state government	ADCs can levy taxes, prepare budgets
Union Government Role	No direct control	Indirect; primarily via Governor’s oversight
Autonomy Level	Lower; regulatory and advisory	Higher; self-rule model with partial legislative, executive, and judicial powers
Examples	Scheduled Areas in Jharkhand, Odisha, Chhattisgarh, Maharashtra	ADCs in Bodoland, Khasi Hills, Garo Hills, Tripura TTAADC

Key Points

The Fifth Schedule ensures protection through Governor's oversight and State regulation.
The Sixth Schedule provides functional autonomy through constitutionally empowered ADCs.
PESA Act (1996) extended Panchayati Raj to Fifth Schedule areas but does not apply to Sixth Schedule areas.

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