MCQs Based On Political Science- (92)

Correct Option: 2. Part X.
Explanation: Article 244 is included in Part X of the Constitution and deals with the Administration of Scheduled Areas and Tribal Areas.

Correct Option: 1. Fifth Schedule.
Explanation: The Fifth Schedule governs the Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.
Fifth Schedule of the Indian Constitution
Objective:
The Fifth Schedule provides a framework for the administration and governance of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram. These areas are typically inhabited by tribal communities who are socially and economically marginalized.
🔑 Key Features of the Fifth Schedule:
1. Declaration of Scheduled Areas:
The President of India has the power to:
-Declare an area as a Scheduled Area.
-Alter its boundaries.
-Increase or decrease its area.
-Rescind (cancel) such designation.
-All actions are taken after consulting the Governor of the respective state.
2. Executive Power:
-State Governments have executive authority over Scheduled Areas.
-However, the Governor has special responsibilities:
-Must submit a report annually or whenever required to the President about the administration of such areas.
-The Union Government can give directions to states for the governance of Scheduled Areas.
3. Tribes Advisory Council (TAC):
Each state with Scheduled Areas must establish a Tribes Advisory Council.
Composition:
20 members, with ¾ (15) from Scheduled Tribes in the Legislative Assembly.
Functions:
To advise on the welfare and advancement of Scheduled Tribes.
Even states without Scheduled Areas but with Scheduled Tribes can be directed by the President to form a TAC.
4. Law Making and Regulations:
The Governor may:
-Prohibit or restrict the application of laws of Parliament or State Legislature to Scheduled Areas.
-Modify laws to suit local tribal conditions.
-Make regulations for peace and good governance in Scheduled Areas:
-Restrict land transfer among tribals.
-Regulate land allotment.
-Control money-lending to Scheduled Tribes.
-Governor must consult the TAC before making such regulations.
-Presidential assent is required for such regulations to become law.
5. Commission for Scheduled Areas and Tribes (Article 339):
The President is empowered to appoint a commission to:
-Examine the administration of Scheduled Areas.
-Report on the welfare of Scheduled Tribes.
-First such commission: Dhebar Commission (1960).
-Second: Bhuria Commission (2002).
📘 Why Special Provisions?
Scheduled Areas are mostly inhabited by tribal or aboriginal groups who:
-Have distinct cultures.
-Are economically and socially disadvantaged.
-Face challenges such as land alienation, lack of education, healthcare, and exploitation by moneylenders.
-Hence, the Constitution mandates differential treatment and protection to help uplift these communities.
⚖️ Related Articles
-Article 244: Administration of Scheduled Areas and Tribal Areas
-Article 339: Union control over Scheduled Areas and welfare of Scheduled Tribes
🏛️ Important Related Acts:
Fifth Schedule (Amendment) Act, 1976:
Allowed the President to:
-Expand Scheduled Areas in consultation with the Governor.
-Redefine or rescind any Scheduled Area declaration.
✅ Summary:
The Fifth Schedule is a vital constitutional tool aimed at safeguarding the cultural identity, land rights, and economic well-being of tribal populations outside northeastern India. It entrusts governors and the President with special powers to administer these regions with flexibility and focused welfare mechanisms.

Correct Option: 2. Sixth Schedule.
Explanation: The Sixth Schedule is exclusively for the administration of tribal areas in the northeastern states: Assam, Meghalaya, Tripura, and Mizoram.
Sixth Schedule of the Indian Constitution
Objective:
The Sixth Schedule provides a framework for the administration of tribal areas in the northeastern states of:
-Assam
-Meghalaya
-Tripura
-Mizoram
It aims to protect the distinct identity, culture, and autonomy of tribes in these regions through self-governance mechanisms.
🔑 Key Features of the Sixth Schedule:
1. Autonomous Districts and Regions
-Tribal areas in the four northeastern states are declared as Autonomous Districts.
-These districts remain part of the state, but are administered through special institutions.
-If multiple tribes inhabit a district, the Governor can divide it into Autonomous Regions.
2. Governor’s Powers
The Governor of the state:
-Organizes and re-organizes autonomous districts.
-Can alter boundaries, change names, or create new districts/regions.
-Can appoint commissions to examine issues or dissolve councils based on their recommendations.
3. District and Regional Councils
-Each Autonomous District has a District Council.
-Each Autonomous Region has a Regional Council.
-Composition of District Council:
30 members:
-26 elected by adult franchise.
-4 nominated by the Governor.
Elected members: Term of 5 years.
Nominated members: Serve at Governor’s pleasure.
4. Legislative Powers of Councils
Councils can make laws on:
-Land and its use.
-Forests (except reserved ones).
-Water use (canals, watercourses).
-Shifting cultivation.
-Village and town administration.
-Inheritance, marriage, divorce, and social customs.
✅ Note: All such laws need the Governor’s assent to come into effect.
5. Judicial Powers
-Councils can constitute Village Councils or Courts to:
-Try civil and criminal cases involving tribals.
-Hear appeals from lower tribal courts.
-The High Court’s jurisdiction in these cases is determined by the Governor.
6. Administrative Powers
-District Councils can establish and manage:
-Primary schools
-Dispensaries
-Markets
-Roads, ferries, and fisheries
-Councils can also regulate:
-Money-lending to tribals.
-Trade by non-tribals in tribal areas.
7. Financial Powers
Councils can:
-Assess and collect land revenue
-Levy taxes on:
-Houses
-Animals
-Vehicles
-Boats
-Profession/trade
-Markets and fairs
8. Exemption from State/Parliamentary Laws
-Acts of Parliament or State Legislature do not automatically apply to these districts.
-The Governor may apply them with modifications or exemptions.
🗺️ Autonomous Districts as per 2019:
-Assam: North Cachar Hills, Karbi Anglong, Bodoland Territorial Areas
-Meghalaya: Khasi Hills, Jaintia Hills, Garo Hills
-Tripura: Tripura Tribal Areas District
-Mizoram: Chakma, Mara, Lai Districts
⚖️ Constitutional Articles Related to Sixth Schedule:
-244: Administration of Scheduled and Tribal Areas
-244A: Formation of an autonomous state within Assam
-339: Union’s control and welfare supervision over Scheduled Tribes
🧾 Important Constitutional Amendments Related to Sixth Schedule:
-Sixth Schedule (Amendment) Act, 1988: Applied Sixth Schedule to Tripura and Mizoram with modifications.
-Sixth Schedule (Amendment) Act, 1995: Expanded powers of North Cachar Hills and Karbi Anglong Councils in Assam.
-Sixth Schedule (Amendment) Act, 2003: Recognized Bodoland Territorial Areas District (BTAD) and created the Bodoland Territorial Council (BTC) for self-governance.
✅ Summary:
The Sixth Schedule represents a unique model of tribal autonomy in India. Unlike the Fifth Schedule (where Governors hold more power), the Sixth Schedule empowers local tribal communities through democratic self-governing institutions like District and Regional Councils.
This autonomy protects:
-Tribal culture and customs
-Land rights
-Local governance
-Socio-economic development

Correct Option: 3. President.
Explanation: Under the Fifth Schedule, the President can declare an area as a Scheduled Area, alter its boundaries, or rescind such designation in consultation with the Governor.

Correct Option: 4. Tribes Advisory Council.
Explanation: States with Scheduled Areas must establish a Tribes Advisory Council (TAC) consisting mostly of tribal representatives to advise on tribal welfare.