Official Question UPSC 2025
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?
Solution & Analysis
Answer: D
According to the detailed provisions laid out in the Fifth Schedule of the Constitution of India, both statements present extreme and legally inaccurate interpretations of administrative powers.
•Statement I is Incorrect: As per Paragraph 2 of the Fifth Schedule, the executive power of a State extends to the Scheduled Areas therein. The State Government does not lose its authority; rather, its authority is subjected to a protective layer where the Governor can modify or restrict the application of state laws, aided by the Tribes Advisory Council (TAC).
•Statement II is Incorrect: Under Paragraph 3 of the Fifth Schedule, the executive power of the Union is restricted to giving directions to the State regarding the administration of the said areas. There is zero provision within the Fifth Schedule allowing the Union Government to trigger a 'total takeover' of the administration (a mechanism reserved for Article 356 emergencies, not Scheduled Area governance).