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UPSC Prelims 2019 Paper-1 📅 02 Jun, 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?

A
Third Schedule
B
Fifth Schedule
C
Ninth Schedule
D
Twelfth Schedule
Result Summary
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APEDIA

UPSC Prelims
2019 • 02 Jun, 2019 • Paper-1
Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?
Correct Answer
Fifth Schedule
Constitutional Provision Analysis: The Fifth Schedule of the Indian Constitution governs the administration and control of Scheduled Areas and Scheduled Tribes.......
Ref/Book : UPSC Prelims 2019
Ref. Subject Polity
Chapter -
Ref. Topic Scheduled Areas
Pg. No -
💡 Analysis & Explanation
Constitutional Provision Analysis ▼
The Fifth Schedule of the Indian Constitution governs the administration and control of Scheduled Areas and Scheduled Tribes.
Legal Precedent (Samatha Judgment) ▼
In the landmark 1997 Samatha judgment, the Supreme Court of India interpreted the protective clauses of the Fifth Schedule and ruled that government land, tribal land, or forest land in Scheduled Areas cannot be leased or transferred to private non-tribal entities or corporations for mining or industrial purposes. Such transfers are legally null and void.
Conclusion ▼
The Fifth Schedule is the constitutional shield invoked here, making option B correct.
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