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Home/Anthropology/Mains PYQ/2022/Paper II/Tribal Development, Policy & Safeguards
UPSC MainsAnthropology Optional Paper II 2022 10 Marks Model Answer Available

Role of the Governor in Fifth Schedule Areas — 2022 Paper II

Question · 2022 · Paper II · 10 Marks

Role of the Governor in the Fifth Schedule areas

Model Answer

VAID ICS

Approach

  • Demand of Question: Outline the Governor’s specific constitutional responsibilities in Scheduled Areas (Fifth Schedule) and critically assess the gap between their protective mandate and actual implementation.
  • Structuring the Response: Introduce Article 244(1); categorize the Governor's powers structurally (Reporting, TAC, Regulatory); highlight limitations using committee reports (Xaxa Committee) and judicial nuance (aid and advice); conclude.
  • Key Dimensions to Cover: Fifth Schedule Paras 3–5; Tribes Advisory Council (TAC); exception/modification of laws; land transfer and moneylending regulations; Samatha judgment; Xaxa Committee; PESA interface.

Model Answer

Introduction: Under Article 244(1) of the Constitution, the Fifth Schedule provides for the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram. The Governor acts as the pivotal constitutional authority, serving as a trustee to protect tribal interests against exploitation.

Constitutional Powers and Functions of the Governor:

  • 1. Executive & Reporting Powers (Paragraph 3): The Governor is mandated to submit a report to the President annually, or whenever required, regarding the administration of the Scheduled Areas. This serves as a vital link between the Union government and the tribal regions.
  • 2. Consultative Powers (Paragraph 4 - Tribes Advisory Council): The Governor is responsible for establishing a Tribes Advisory Council (TAC). The Governor makes rules regarding the number of members, their appointment, and the conduct of its meetings, and refers matters of tribal welfare and advancement to the TAC for advice.
  • 3. Legislative & Regulatory Powers (Paragraph 5):
    • Modification of Laws: By public notification, the Governor can direct that any particular Act of Parliament or the State Legislature shall not apply, or shall apply with specified exceptions and modifications, to a Scheduled Area.
    • Peace and Good Government: The Governor can make regulations to prohibit or restrict the transfer of tribal land, regulate the allotment of land to STs, and control the business of money-lending to tribals.
    • Note: The Supreme Court in the Samatha Judgment (1997) strongly reiterated the Governor's duty under Para 5 to protect tribal land from being leased to private mining corporations.

Critical Appraisal and Limitations:

  • Lack of Discretionary Independence: Unlike the Sixth Schedule, the Governor in the Fifth Schedule generally acts on the "aid and advice" of the State Council of Ministers. This often prevents independent action against state-led development projects that displace tribals.
  • Underutilization of Powers: The Xaxa Committee (2014) observed that Governors rarely utilize their Para 5 powers to override laws harmful to tribals. Furthermore, the annual reports to the President are often delayed and reduced to routine bureaucratic exercises rather than critical evaluations.
  • Dilution of TACs: TACs are frequently headed by Chief Ministers, rendering them extensions of the state government rather than independent advisory bodies.

Conclusion: While the Constitution envisions the Governor as a powerful constitutional trustee of tribal rights, this role has often been reduced to a passive one. Making the Fifth Schedule effective requires Governors to proactively utilize their regulatory and reporting powers in tandem with PESA, ensuring that tribal autonomy and resource rights are genuinely protected.

2026 Write an account on the contribution of Verrier Elwin in developing policies for the tribal populations in post-independent India. 2026 Article 371A of the Indian Constitution. 2026 Discuss the impact of democratic institutions on the tribal populations of India. 2026 Write an account on Development Action Plan for Scheduled Tribes (DAPST).

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