UPSC 2019PolityModerate

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
Correct Answer
C
Ninth Schedule
D
Twelfth Schedule

Explanation

The Fifth Schedule is correct because it governs the administration of Scheduled Areas, and the Supreme Court (in the *Samatha vs. State of Andhra Pradesh* case) ruled that transferring tribal land to private parties for mining is null and void to protect tribal land rights. The Ninth Schedule is the most tempting wrong option as it deals with land reforms and judicial immunity, but it does not specifically regulate the transfer of tribal land to private entities. The core concept being tested is the constitutional protection of tribal land and the special administrative status of Scheduled Areas.

Constitutional SchedulesFifth Schedule and Tribal LandScheduleConstitution of IndiaTribal LandPrivate PartiesMiningNull and VoidThird ScheduleFifth ScheduleNinth ScheduleTwelfth Schedule

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