Consider the following statements : With reference to the Constitution of India, if an area in a Sta

Question

Consider the following statements : With reference to the Constitution of India, if an area in a State in declared as Scheduled Area under the Fifth Schedule:the State Government loses its executive power in such areas and a local body assumes total administrationthe Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the GovernorWhich of the statements given above is/are correct?

Accepted Answer

I. The State Government loses its executive power in such areas and a local body assumes total administration. Paragraph 2 of the Fifth Schedule affirms that the State's executive power extends to Scheduled Areas. While the Governor has special powers—such as modifying laws (Paragraph 5) and establishing a Tribes Advisory Council (Paragraph 4)—these do not nullify the State’s authority. Even under PESA, which empowers Gram Sabhas and local bodies, the State continues to exercise its executive functions within the framework of the Fifth Schedule. Hence statement I is not correct. II. The Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the Governor. Paragraph 3 of the Fifth Schedule allows the Union to issue directions to the State regarding the administration of Scheduled Areas but does not permit it to take over total administration. Such a takeover would require invocation of Article 356 (President’s Rule), which is a separate constitutional mechanism and not a provision under the Fifth Schedule. Hence statement II is not correct.