UPSC Previous Year Question | Prelims GS | 2019

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

Correct Answer

Fifth Schedule

Explanation

The Fifth Schedule (Scheduled Areas) empowers the Governor to regulate or prohibit transfer of tribal land; in the Samatha judgment (1997) the Supreme Court held that transfers of tribal land to non-tribals/private parties for mining in Scheduled Areas are null and void.

Topics: constitution of india, fifth schedule - land transfer in scheduled areas, polity, scheduled and tribal areas