UPSC Prelims 2019 Question:

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

Explanation:

• • Fifth Schedule: It contains provisions related to the administration and control of scheduled areas and scheduled tribes. In the Samatha v. State of Andhra Pradesh & Ors (1997), popularly known as ‘Samatha Judgement’, the Supreme Court declared that the transfer of tribal land to private parties for mining was null and void under the Fifth Schedule to secure the livelihoods of the tribals inhabiting the scheduled areas.
    
    
  • Third Schedule: It contains the forms of oath and affirmation for Members of Parliament and State Legislature, Judges of Supreme Court and High Court.
    
    

• Ninth Schedule: The Ninth Schedule of the Constitution contains a list of central and state laws which cannot be challenged in courts. However, as per Supreme Court directive, the laws included in this schedule after April 24, 1973, are now open to judicial review. 
  
  

• Twelfth Schedule: It deals with the provisions with respect to the powers, authority and responsibilities of Municipalities. 
  
  

Therefore, option (2) is the correct answer.

Subject: Polity | Scheduled and Tribal Areas