Minimalist IAS
Prelims 2019 paper

UPSC CSE Prelims 2019 · Question 50 · Federalism, states & centre–state relations

Under which Schedule of the Constitution of India can the transfer of tribal land to private…

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

Answer & explanation

Answer: (b) Fifth Schedule

The Fifth Schedule protects tribal land in Scheduled Areas: the Governor can make regulations that prohibit or restrict transfer of tribal land, and the Supreme Court has used this scheme to hold that such land cannot be leased to private parties for mining.

  • ✓ (b) Paragraph 5(2) of the Fifth Schedule lets the Governor prohibit or restrict transfer of land by or among Scheduled Tribe members in a Scheduled Area. In Samatha v. State of Andhra Pradesh (1997) the Supreme Court held that tribal land in Scheduled Areas cannot be leased to non-tribals or private industries.
  • ✗ (c) The Ninth Schedule lists Acts and Regulations protected from challenge on the ground of clashing with Fundamental Rights; it does not deal with tribal land.
  • ✗ (a) The Third Schedule contains the forms of oaths and affirmations of officials, nothing on land.
  • ✗ (d) The Twelfth Schedule lists the functions of municipalities, not protection of tribal land.

Remember · Fifth Schedule = Scheduled Areas and Scheduled Tribes (Governor's regulations on tribal land); Samatha (1997) barred mining leases on tribal land to private parties.

Sources

Question and answer: UPSC's official GS Paper I (2019, Series A) — paper ↗ · answer key ↗. Explanation: Minimalist IAS, checked 30 Sept 2026 (how we verify). ·

More on Federalism, states & centre–state relations

All Federalism, states & centre–state relations questions →

Same topic in the Mains syllabus