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?

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

The correct answer is (d) Neither I nor II.


Explanation

  • Statement I: Incorrect.This is factually wrong. The executive power of the State Government does extend to the Scheduled Areas within it. The Fifth Schedule does not remove the state’s power; rather, it gives the Governor special overriding powers (e.g., to modify or in-apply state and central laws) and mandates the creation of a Tribes Advisory Council (TAC). The state government does not “lose” its power, and a local body does not “assume total administration.” (This confusion might arise from the Sixth Schedule, which does create autonomous local bodies).
  • Statement II: Incorrect.This is also a misrepresentation of the constitutional provision. The Fifth Schedule states that the executive power of the Union Government shall extend to “the giving of directions to the State as to the administration of the said areas.” This is a directive and supervisory power, not a power to “take over the total administration.” A takeover of administration would happen under different, more drastic provisions like Article 356 (President’s Rule), not as a standard procedure of the Fifth Schedule.

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The Fifth Schedule vs. The Sixth Schedule

This question tests a common point of confusion: the difference between the 5th and 6th Schedules, which both deal with tribal administration.

FeatureFifth Schedule (Article 244(1))Sixth Schedule (Article 244(2))
ApplicabilityAdministration of Scheduled Areas and Scheduled Tribes in any state except the four listed to the right.Administration of Tribal Areas in the states of Assam, Meghalaya, Tripura, and Mizoram.
Key UnitThe Scheduled Area as a whole.The Autonomous District Council (ADC) and Autonomous Regional Council (ARC).
Key AuthorityThe Governor has special powers. A Tribes Advisory Council (TAC) is created to advise the Governor.The ADCs are created as autonomous bodies with significant legislative, judicial, and administrative powers, including raising their own revenue.
State PowerThe State’s executive power extends to the area.The State’s executive power is limited in areas where the ADC has jurisdiction.
Union PowerThe Union can give directions to the State on administration.The Governor acts as the link between the ADCs and the State/Union.

The error in Statement I (a local body assuming total administration) is a description that more closely resembles the powerful Autonomous District Councils of the Sixth Schedule.

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