Regarding the administration of Scheduled and Tribal Areas under Article 244 of the Constitution:

The Sixth Schedule (Article 244(2)) applies exclusively to the Tribal Areas in the 4 North-Eastern States of Assam, Meghalaya, Tripura, and Mizoram (AMTM) with Autonomous District Councils, while the Fifth Schedule (Article 244(1)) applies to Scheduled Areas in all other States

Fifth Schedule applies to all States without exception

Sixth Schedule applies to Jammu and Kashmir and Ladakh

Tribal areas have no autonomous district councils

In the landmark verdict of Samatha v. State of Andhra Pradesh (1997) 6 SCC 621 (3-Judge Bench), the Supreme Court ruled under the Fifth Schedule to the Constitution that:

Transfer of tribal land in a Scheduled Area to non-tribals or private companies for mining or commercial leases is NULL AND VOID; the word 'person' in Fifth Schedule land transfer regulations includes the State Government itself

State Governments have absolute power to acquire tribal land for private mining

Fifth Schedule applies only to urban municipal lands

Tribal lands can be sold freely in public auction

Under Article 244(2) and the Sixth Schedule to the Constitution of India, Autonomous District Councils (ADCs) and Regional Councils with legislative, judicial, and executive powers are established in the Tribal Areas of which FOUR northeastern States?

Assam, Meghalaya, Tripura, and Mizoram (AMTM)

Assam, Nagaland, Manipur, and Arunachal Pradesh

Meghalaya, Manipur, Nagaland, and Sikkim

Arunachal Pradesh, Tripura, Mizoram, and Sikkim

Under Paragraph 5 of the FIFTH SCHEDULE to the Constitution of India (Article 244(1)), what extraordinary power is conferred on the Governor of a State with respect to Scheduled Areas?

The Governor may by public notification direct that any particular Act of Parliament or of the State Legislature shall NOT APPLY to a Scheduled Area or shall apply subject to such exceptions and modifications as he may specify, and make regulations prohibiting or restricting the transfer of land by or among members of STs

The Governor can dissolve the Scheduled Area without presidential assent

The Governor can declare war on tribal areas

The Governor can abolish the High Court's jurisdiction in Scheduled Areas

Under Paragraph 4 of the Fifth Schedule to the Constitution of India, a 'Tribes Advisory Council' (TAC) established in each State having Scheduled Areas consists of:

Not more than TWENTY (20) MEMBERS, of whom as nearly as may be THREE-FOURTHS (3/4ths) shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State

Fifty members nominated by the President

Ten members appointed by the Chief Justice of High Court

Only District Collectors of Scheduled Districts

📖 Constitution of India•🎯 5 Practice MCQs

Part X: The Scheduled and Tribal Areas (Articles 244–244A)

Chapter-wise objective questions with statutory bare act articles, landmark Supreme Court case laws, and past judicial service citations.

Very Importantarticle-244fifth-schedulesixth-scheduleamtm-states-assam-meghalaya-tripura-mizoramDU LLM 2022CBI, APP 2015samatha-v-state-of-ap-1997fifth-schedule-tribal-land-protectionban-on-private-mining-leases-in-scheduled-areasstate-is-a-personMPC 2019

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Part X: The Scheduled and Tribal Areas (Articles 244–244A) • 5 Questions

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This practice module for Part X: The Scheduled and Tribal Areas (Articles 244–244A) contains 5 Multiple Choice Questions tailored for State Judicial Service Preliminary Examinations (including UP PCS-J, Delhi Judicial Service, Bihar Judiciary, MP Judiciary, Rajasthan Judicial Service), CLAT LL.M, All India Bar Examination (AIBE), and UGC-NET Law.

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