Q. 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
- the State Government loses its executive power in such areas and a local body assumes total administration
- 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? (UPSC Prelims 2025)
Answer:
Neither I nor II
Notes: The correct answer is
[D] Neither I nor II. The administration of Scheduled Areas under the Fifth Schedule involves a unique shared responsibility between the State and the Union, rather than a total takeover by any single entity.
- Executive Power of the State (Statement I – Incorrect): Declaring an area as "Scheduled" does not mean the State Government loses its executive power. According to Para 2 of the Fifth Schedule, the executive power of a State extends to the Scheduled Areas therein. While local bodies like Tribes Advisory Councils (TAC) are formed to advise on welfare, they do not "assume total administration." The Governor has special powers to modify state laws in these areas, but the state machinery remains the primary administrator.
- Union Takeover (Statement II – Incorrect): The Union Government does not "take over total administration" on the Governor's recommendation. Instead, the executive power of the Union extends to giving directions to the State as to the administration of the said areas (Para 3). The Governor submits an annual report to the President regarding the administration of these areas, but this is a mechanism for oversight and coordination, not a trigger for a total administrative takeover by the Union.
The Fifth Schedule is designed to provide "distributive justice" and protection to tribal interests through a system of "check and balance" involving the Governor’s discretion and the Tribes Advisory Council, rather than an abrupt shift in administrative jurisdiction.