Under which Schedule of the Constitution of India can the transfer of tribal land to private parties

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Question

Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?

Accepted Answer

Correct Answer: B — Fifth ScheduleStep-by-step Solution:The Fifth Schedule of the Constitution of India deals with the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram (which are covered under the Sixth Schedule).The key provision: In the landmark case of Samatha v. State of Andhra Pradesh & Ors (1997), the Supreme Court declared that the transfer of tribal land to private parties for mining was null and void under the Fifth Schedule. The court held that under the Fifth Schedule, the Governor can make regulations to restrict the transfer of land by or among members of Scheduled Tribes — and the spirit of the Fifth Schedule protects tribal land from alienation to non-tribal private parties, including for mining purposes. The SC ruled that government lands, forest lands, and tribal lands in Scheduled Areas cannot be leased to non-tribals or private companies for mining.The Samatha judgment established: Mining in Scheduled Areas can only be done by: government companies, public sector enterprises, or cooperative societies of tribals. Mineral leases to private companies violate the Fifth Schedule provisions.Key Concept: Fifth Schedule areas (10 states): AP, Telangana, Chhattisgarh, Gujarat, HP, Jharkhand, MP, Maharashtra, Odisha, Rajasthan. The Fifth Schedule provides: Governor can make regulations; Tribes Advisory Council (TAC) advises on tribal matters; Central government can direct state government administration. PESA Act 1996 extends Panchayati Raj to Fifth Schedule areas with strengthened gram sabha powers — including mandatory consent for land acquisition and resource use. The Samatha judgment remains controversial — many mining companies operating in tribal areas cite it as an obstacle, while tribal rights advocates cite it as protection.

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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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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