Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?                                               

[UPSC Civil Services Exam – 2019 Prelims]     

(a) Third Schedule

(b) Fifth Schedule

(c) Ninth Schedule

(d) Twelfth Schedule

A: Option b

• The Indian Constitution provides autonomy to tribal areas in governance under the Fifth and Sixth Schedules.
  • Fifth schedule entails the provisions relating to the administration and control of scheduled areas and scheduled tribes.
  • Sixth schedule entails the provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.
• According to the Samatha v. State of Andhra Pradesh & Ors (1997) judgmentwhere the Supreme Court declared that the transfer of tribal land to private parties for mining was null and void under the Fifth Schedule.
• The protection of the rights of tribal and indigenous people is further strengthened by the Recognition of Forest Rights Act, 2006which protects the individual and community rights of tribal people in forest areas and their right to free and prior informed consent in event of their displacement and resettlement