Laxmikanth Test: Scheduled And Tribal Areas for UPSC Indian Polity - Free

• Article 244 (1) of the Indian Constitution defines Scheduled Areas as the areas defined so by the President of India and are mentioned in the fifth schedule of the Constitution. In India, there are 10 states having scheduled areas. Article 244 deals with the Scheduled and Tribal Areas.
• The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura and Mizoram'. 

Neither of the statements is incorrect. Both statements describe the powers of the president to declare an area as a scheduled area and make changes to its boundaries or designation in consultation with the governor of the concerned state. These powers are usually granted to the president under the legal framework of a country, such as the Constitution or specific legislation, to protect and promote the welfare of marginalized or tribal populations living in these areas.

• The executive power of a state extends to the scheduled areas therein.
• But the governor has a special responsibility regarding such areas.
• He has to submit a report to the president regarding the administration of such areas, annually or whenever so required by the president.
• The executive power of the Centre extends to giving directions to the states regarding the administration of such areas.

Statement 1: This is correct. According to the Fifth Schedule of the Constitution of India, every state that has Scheduled Areas must establish a Tribes Advisory Council. The purpose of this council is to advise on matters related to the welfare and advancement of the Scheduled Tribes.

Statement 2: This is also correct. The Constitution states that the Tribes Advisory Council shall consist of not more than twenty members. Out of these, as nearly as possible, three-fourths should be representatives of the Scheduled Tribes in the State Legislative Assembly. If there are not enough such members in the assembly, other members of the Scheduled Tribes can be nominated to fill the gap.

Therefore, both statements are correct.

• The governor is empowered to direct that any particular act of the state legislature does not apply to a scheduled area or applies with specified modifications and exceptions.
• This power does not apply to acts of Parliament.
• He can also make regulations for the peace and good governance of a scheduled area after consulting the tribes advisory council

Correct Answer- Option C

They do not fall outside the executive authority of the state concerned.

• Sixth Schedule of the Indian Constitution: The Sixth Schedule of the Indian Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in certain states.


• States covered: The Sixth Schedule applies to the states of Assam, Meghalaya, Tripura, and Mizoram.


• Administration: The provisions under the Sixth Schedule provide for the establishment of autonomous district councils in these states to administer areas inhabited by tribal communities.


• Empowerment: The Sixth Schedule is aimed at empowering the tribal communities and protecting their rights, customs, and traditions.


• Self-governance: The autonomous district councils created under the Sixth Schedule have the power to make laws on a range of subjects, including land, forests, and local governance.


• Protection: The Sixth Schedule also safeguards the land rights of the tribal communities and ensures their participation in decision-making processes.

Appointment and term of office
The term of the CEC can be a maximum of six years from the date on which he/she assumes his office. However, the CEC retires from office if he/she attains the age of sixty-five years before the expiry of the term.

As it is followed to remove the Judge of the Supreme Court.

No qualification has been fixed in the constitution to be appointed as election commissioner.