QUESTION

Easy

Indian Polity

Prelims 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?

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Explanation

The Fifth Schedule of the Indian Constitution deals with the administration and governance of Scheduled Areas, which are regions with a significant tribal population. It aims to safeguard the rights, culture, and land of tribal communities while preventing their exploitation.

Under this Schedule, the Governor of a state with Scheduled Areas has special powers, including the authority to:

  • Declare any law related to the transfer of tribal land as null and void if it is found to violate the interests of the tribal population.
  • Prohibit or regulate the transfer of tribal land to non-tribals, ensuring that tribal communities retain control over their ancestral land and resources.

These provisions act as a protective mechanism, preventing tribal communities from being forced or manipulated into selling their land for activities like mining, industries, or large-scale projects without adequate safeguards.

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