Consider the following statements:
With reference to the Constitution of India, if an area in a State is declared as Scheduled Area under the Fifth Schedule:
I. The State Government loses its executive power in such areas and a local body assumes total administration.
II. The Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the Governor.
Which of the statements given above is/are correct?
Explanation
The State Government loses its executive power in such areas and a local body assumes total administration
The Union Government can take over total administration of such areas under certain circumstances on the recommendation of the Governor
Which of the statements is/are correct?
Correct Answer: (d) Neither I nor II
🔍 Explanation of Each Statement:
Statement I – ❌ Incorrect
The State Government does NOT lose its executive power.
In fact, state continues to govern, but the Governor gets special powers under Paragraph 5 of the Fifth Schedule.
Governor can make regulations to modify laws for Scheduled Areas, and restrict land transfers or regulate money-lending.
But local bodies do NOT assume total administration.
Source: Indian Constitution – Fifth Schedule, Laxmikanth – Tribes & Fifth Schedule Areas
Statement II – ❌ Incorrect
There is no provision for the Union Government to take over Scheduled Areas’ administration under Fifth Schedule.
The entire administration remains with the State, under the Governor’s discretion.
The Centre can intervene only under President’s Rule or extraordinary situations under Article 355/356, but that’s general, not Fifth Schedule-specific.
Source: Fifth Schedule (especially Para 5), Laxmikanth; No such clause about Centre taking over on Governor’s advice exists.