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?
Contents14
- AI only
- BII only
- CBoth I and II
- DNeither I nor II
Show answer
Answer: (D) Neither I nor II
(I) 'State Government loses executive power and local body assumes total administration' — INCORRECT.
Declaring an area as a Scheduled Area under the Fifth Schedule does NOT strip the State Government of its executive power.
The State Government continues to function normally.
However, the Governor gets special powers under the Fifth Schedule, including the authority to:
- direct that particular Acts of Parliament or State Legislature shall not apply to Scheduled Areas,
- make regulations for peace and good government,
- and modify existing laws in their application to these areas.
Tribes Advisory Councils are constituted, but they ADVISE the Governor — they don't take over 'total administration.' ✗
(II) 'Union Government can take over total administration on Governor's recommendations' — INCORRECT.
The Fifth Schedule does NOT contain any provision for the Union Government to take over the total administration of Scheduled Areas.
The Governor has special regulatory powers, and the President can direct that a particular area be declared/cease to be a Scheduled Area, but there is no mechanism for Union takeover of administration as described.
Article 356 (President's Rule) is a separate provision and is not part of the Fifth Schedule framework. ✗
Both statements are incorrect. Answer is (d).
The Fifth Schedule protects tribal areas in nine states through Governor's special powers, not by transferring administration to local bodies or the Union Government.
Students often confuse Fifth Schedule provisions with Article 356 (President's Rule) or with Sixth Schedule autonomous councils that have greater self-governance powers.
The question tests whether students understand that Scheduled Areas under Fifth Schedule maintain normal state administration while adding Governor's regulatory oversight.
Fifth Schedule & Scheduled Areas
Indian Polity Fifth Schedule Scheduled Area State Government executive power
Fifth Schedule: Scheduled Areas Administration & UPSC Traps
Fifth Schedule governs administration of Scheduled Areas in 10 states with tribal populations
State Government retains executive power — Governor gets additional regulatory powers only
No Union takeover provision exists in Fifth Schedule framework
Tribes Advisory Council advises Governor — does not assume administration
The Fifth Schedule creates a special administrative framework for areas with significant tribal populations. It does NOT replace normal state administration but adds protective layers through the Governor's enhanced role.
Fifth Schedule Powers & Limitations
Authority | Powers Under Fifth Schedule | Key Limitations |
|---|---|---|
State Government | Continues normal executive functions | Must follow Governor's directions on tribal welfare |
Governor | Make regulations, modify laws, direct non-application of Acts | Cannot transfer administration to other bodies |
Tribes Advisory Council | Advise Governor on tribal welfare | No executive or administrative powers |
Union Government | President declares/removes Scheduled Area status | No takeover of administration provision |
Governor's Special Powers
Direct non-application of Parliament/State Legislature Acts to Scheduled Areas
Make regulations for peace and good government of Scheduled Areas
Modify existing laws in their application to these areas
Annual reports to President on administration of Scheduled Areas
Constitute Tribes Advisory Council with 20 members (3/4ths must be tribal MLAs)
Question Context
This PYQ tests two common misconceptions: that Scheduled Area declaration strips state power (it doesn't), and that Fifth Schedule allows Union takeover (no such provision exists). Both statements were designed as traps.
Trap: Confusing Governor's special powers with state losing executive authority
Trap: Mixing Article 356 (President's Rule) with Fifth Schedule provisions
Trap: Thinking Tribes Advisory Council has administrative powers — it only advises
Trap: Assuming Union can take over administration under Fifth Schedule framework
Constitutional Schedules Framework
Indian Polity Constitution Schedule
Constitutional Schedules: Tribal Area Governance Comparison
12 Schedules in Constitution — Fifth & Sixth deal with tribal areas
Fifth Schedule: 10 states, Governor-centric, state administration continues
Sixth Schedule: 4 Northeast states, autonomous councils with legislative powers
No Schedule provides for Union takeover of tribal area administration
Fifth vs Sixth Schedule Comparison
Aspect | Fifth Schedule | Sixth Schedule |
|---|---|---|
Applicable States | 10 states (Rajasthan, MP, Chhattisgarh, Jharkhand, etc.) | 4 Northeast states (Assam, Meghalaya, Tripura, Mizoram) |
Administrative Setup | State Government + Governor's special powers | Autonomous District/Regional Councils |
Legislative Powers | Governor can modify/exempt laws | Councils can make laws on land, forests, culture |
Key Authority | Governor with Tribes Advisory Council | Autonomous Councils elected by tribes |
State Executive Power | Continues normally | Limited — councils have executive autonomy |
Tribal Area Governance Structure
# Tribal Area Administration
## Fifth Schedule
- 10 States
- Governor's Powers
- Tribes Advisory Council
- State Retains Executive Power
## Sixth Schedule
- 4 Northeast States
- Autonomous Councils
- Legislative Powers
- Executive Autonomy
## Article 244A
- Autonomous State Provision
- Never Implemented
- For Assam TribalsTrap: Mixing Fifth Schedule (Governor powers) with Sixth Schedule (autonomous councils)
Trap: Thinking any Schedule allows Union Government takeover of tribal areas
Trap: Confusing advisory role of TAC with executive role of autonomous councils
Governor's Role in Tribal Administration
Indian Polity Governor Union Government administration
Governor's Enhanced Powers in Scheduled Areas
Governor acts as special protector of tribal interests under Fifth Schedule
Powers include regulation-making and law modification for Scheduled Areas
Annual reporting to President mandatory on tribal area administration
Cannot transfer administrative control to other bodies
Governor's Regulatory Process
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**Area Declared Scheduled**
President declares area as Scheduled under Fifth Schedule`"]
s2["`**TAC Constitution**
Governor constitutes **Tribes Advisory Council** (20 members)`"]
s3["`**Consultation Process**
Governor consults TAC on **welfare measures** and **regulations**`"]
s4["`**Regulation Making**
Governor makes regulations for **peace and good government**`"]
s5["`**Annual Review**
Governor submits **annual report** to President on administration`"]
s1 --> s2
s2 --> s3
s3 --> s4
s4 --> s5Specific Regulatory Powers
Prohibit/restrict transfer of land by/among members of Scheduled Tribes
Regulate business of money-lending to members of Scheduled Tribes
Direct non-application of any Act of Parliament/State Legislature
Modify application of laws to suit tribal customs and needs
Make regulations after consulting Tribes Advisory Council where required
Federal Balance
The Governor's enhanced role maintains federal balance — state administration continues while providing special protection to tribal communities. No provision exists for Union Government to assume direct administration.
Trap: Assuming Governor can transfer administration to local bodies completely
Trap: Thinking regulation-making power equals administrative takeover
Trap: Confusing Governor's reporting to President with Union control of areas
Federal Emergency & Administrative Takeover
Indian Polity Union Government total administration
When Union Can Take Over State Administration
Article 356 allows Union takeover under President's Rule — not Fifth Schedule
Governor's report on constitutional breakdown triggers Article 356
Fifth Schedule has no takeover provision — only regulatory enhancement
Central Rule possible but separate from tribal area governance
Administrative Takeover: Fifth Schedule vs Article 356
Provision | Fifth Schedule | Article 356 (President's Rule) |
|---|---|---|
Trigger | Area has significant tribal population | Constitutional breakdown in state |
Governor's Role | Enhanced regulatory powers only | Reports breakdown to President |
State Administration | Continues normally | Suspended — Central rule imposed |
Union Takeover | No provision for takeover | Complete administrative control to Union |
Legislative Assembly | Functions normally | Suspended or dissolved |
Duration | Permanent until area status changed | Maximum 3 years with Parliament approval |
Article 356 Conditions
Constitutional machinery breakdown in the state
Governor's report or other information suggesting failure of state government
President's satisfaction that state cannot carry on governance per Constitution
Parliamentary approval required within 2 months
Supreme Court oversight post S.R. Bommai case
Trap: Linking Fifth Schedule with Union takeover powers
Trap: Confusing Governor's enhanced powers under Fifth Schedule with Governor's role in Article 356
Trap: Thinking tribal area governance automatically involves emergency provisions