After Maoism, the next battle is for Adivasi trust

The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes residing in any State other than the States of Assam, Meghalaya, Tripura, and Mizoram. The governor can make regulations for the peace and good government of a scheduled area after consulting the tribes' advisory council. Such regulations may prohibit or restrict the transfer of land by tribal to non tribal members or among members of the scheduled tribes, and regulate the allotment of land to members of the scheduled tribes. Option B is incorrect. According to the provisions of Paragraph 4, under Article 244(1) of the Fifth Schedule of the Constitution of India, the Tribes Advisory Councils (TAC) shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas. The tribal advisory council is an advisory body, not a governing body. Option C is incorrect. Bringing any particular area under the Fifth Schedule of the Constitution of India does not convert the area into a Union Territory. Option D is incorrect. Bringing any particular area under the Fifth Schedule of the Constitution of India does not get declared as a Special Category State.

* PESA doesn't deal with the creation of autonomous regions in tribal areas. * The Sixth Schedule provides for the administration of certain tribal areas as autonomous entities. The provisions of the sixth schedule are provided under Articles 244(2) and 275(1) of the Indian Constitution.

The North Eastern Council (NEC) was established under the *North Eastern Council Act, 1971* to ensure the balanced and coordinated development of the North Eastern Region. After the North Eastern Council (Amendment) Act, 2002, the structure and composition of the Council were modified. As per Section 3(1) of the *NEC Act, 1971 (as amended)*, the Council shall consist of the following members: 1. The Chief Ministers of the Constituent States
2. The Governors of the Constituent States
3. Three Members to be nominated by the President of India These are the only members of the Council as defined by the Act. Further, Section 3(2) specifies that:
“The Union Home Minister shall be the ex officio Chairman of the Council, and the Minister of the Central Government in charge of the Ministry of Development of North Eastern Region (DoNER) shall be the ex officio Vice-Chairman of the Council.” Thus, while the Union Home Minister serves as the ex officio Chairman, he does not form part of the Council as a member under Section 3(1). Similarly, the Minister of DoNER is the ex officio Vice-Chairman, but not a member of the Council.

When an area is declared a Scheduled Area under the Fifth Schedule of the Constitution, it continues to be administered by the State Government, but with special powers granted to the Governor for tribal welfare. ❌ Statement I: Incorrect The State Government does not lose its executive powers. There is no provision for a local body to take over full administration. ❌ Statement II: Incorrect The Union Government cannot take over total administration of Scheduled Areas under the Fifth Schedule, even on the Governor’s recommendation.

The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are made to protect the interests of Scheduled Tribes. Fifth Schedule: Applies to all states except Assam, Meghalaya, Tripura, and Mizoram. It focuses on Management and administration of Scheduled Areas: These are areas with a high concentration of tribal populations. The schedule grants them some autonomy and safeguards their traditional rights over land and resources. Establishment of Tribes Advisory Councils: These councils advise the Governor on matters related to the welfare and development of Scheduled Tribes. Sixth Schedule: Applies to the four aforementioned northeastern states with significant tribal populations. It provides greater autonomy compared to the Fifth Schedule by Creation of Autonomous District Councils (ADCs): These councils have a greater degree of administrative and legislative power within their designated areas. Special provisions for administration of tribal areas: This includes protection of customary law, inheritance practices, and social customs of the tribes.

❌ Statement I: Incorrect
*Intermediate-level Panchayats are not mandatory in all states; states with population under 20 lakhs may skip this tier.* ❌ Statement II: Incorrect
*Minimum age to be a Panchayat member is 21 years, not 30.* ❌ Statement III: Incorrect
*State Finance Commission is constituted by the Governor, not the Chief Minister.* Correct Answer: All three statements are incorrect.

Statement 1 is correct: Under Article 96(1), the Speaker cannot preside over the House while a resolution for their removal is active, even if they are present. Statement 2 is incorrect: Under Article 96(2), the Speaker maintains the right to speak and participate in the proceedings of the House during the consideration of the removal resolution. Statement 3 is incorrect: According to Article 96(2), the Speaker is entitled to vote only in the first instance. They do not have a "casting vote" (the vote used to break a tie/second instance) in this specific scenario.

* Statement 1 is correct: As per Article 244(1) of the Constitution's Fifth Schedule, Scheduled Areas are areas that the President may declare to be such by order after consultation with the Governor of that State.  * Statement 2 is correct: District is considered as the largest administrative unit which forms the Scheduled Area while the lowest administrative unit is the cluster of villages in the Block.  * Statement 3 is incorrect: The Fifth Schedule to the Constitution of India states in para 3 that the Governor of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the Administration of the said areas.

❌ Statement I: Incorrect
Lokpal’s jurisdiction includes all Indian public servants, even those posted abroad. ❌ Statement II: Incorrect
Chairperson need not be only the CJI; former judges or eminent persons with 25+ years’ expertise can also be appointed. ✅ Statement III: Correct
Minimum age to be Chairperson or Member is 45 years. ❌ Statement IV: Incorrect
Lokpal can inquire against a sitting PM, but with safeguards and restrictions in sensitive areas. Therefore, only Statement III is correct.

* Delimitation commissions have been set up four times in the past — 1953, 1962, 1972 and 2002 — under Delimitation Commission Acts of 1952, 1962, 1972 and 2002.   * The Delimitation Commission is appointed by the President of India and works in collaboration with the Election Commission of India. The Delimitation Commission in India is a high-power body whose orders have the force of law and cannot be called into question before any court.  * The Commission’s orders are laid before the Lok Sabha and the legislative assemblies concerned, but they cannot effect any modifications in the orders. * Composition: Retired Supreme Court Judge, Chief Election Commissioner and respective state election commissioners.