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
C
Ninth Schedule
D
Twelfth Schedule
Correct Answer: Option B
Explanation
1. The Constitution of India contains special provisions for the administration and protection of the interests of Scheduled Tribes and Scheduled Areas.
2. The Fifth Schedule deals with the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.
3. Para 5 of the Fifth Schedule empowers the Governor of a state with Scheduled Areas to make regulations prohibiting or restricting the transfer of land by or among members of the Scheduled Tribes in such area.
4. These regulations can include provisions to declare any transfer of tribal land to non-tribals or private parties (for purposes like mining or otherwise) as null and void if done in contravention of the regulations.
5. The Supreme Court in the Samatha vs State of Andhra Pradesh (1997) judgment interpreted the Fifth Schedule provisions to hold that government land, tribal land, and forest land in Scheduled Areas cannot be leased out to non-tribals or private parties for mining operations.
6. The Third Schedule pertains to Oaths and Affirmations. The Ninth Schedule lists laws protected from judicial review (subject to basic structure). The Twelfth Schedule pertains to Municipalities.