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?

Updated 10 Apr 2026 · From UPSC Prelims GS Paper I 2025, Q86

Contents14
UPSC Prelims GS2025Indian Polity
  1. AI only
  2. BII only
  3. CBoth I and II
  4. DNeither I nor II
Show answer

Answer: (D) Neither I nor II

(I) 'State Government loses executive power and local body assumes total administration' — INCORRECT.

Declaring an area as a Scheduled Area under the Fifth Schedule does NOT strip the State Government of its executive power.

The State Government continues to function normally.

However, the Governor gets special powers under the Fifth Schedule, including the authority to:

  • direct that particular Acts of Parliament or State Legislature shall not apply to Scheduled Areas,
  • make regulations for peace and good government,
  • and modify existing laws in their application to these areas.

Tribes Advisory Councils are constituted, but they ADVISE the Governor — they don't take over 'total administration.' ✗

(II) 'Union Government can take over total administration on Governor's recommendations' — INCORRECT.

The Fifth Schedule does NOT contain any provision for the Union Government to take over the total administration of Scheduled Areas.

The Governor has special regulatory powers, and the President can direct that a particular area be declared/cease to be a Scheduled Area, but there is no mechanism for Union takeover of administration as described.

Article 356 (President's Rule) is a separate provision and is not part of the Fifth Schedule framework. ✗

Both statements are incorrect. Answer is (d).

Why this was asked

The Fifth Schedule protects tribal areas in nine states through Governor's special powers, not by transferring administration to local bodies or the Union Government.

Students often confuse Fifth Schedule provisions with Article 356 (President's Rule) or with Sixth Schedule autonomous councils that have greater self-governance powers.

The question tests whether students understand that Scheduled Areas under Fifth Schedule maintain normal state administration while adding Governor's regulatory oversight.

Fifth Schedule & Scheduled Areas

Indian Polity Fifth Schedule Scheduled Area State Government executive power

Fifth Schedule: Scheduled Areas Administration & UPSC Traps

Must know

Fifth Schedule governs administration of Scheduled Areas in 10 states with tribal populations

State Government retains executive power — Governor gets additional regulatory powers only

No Union takeover provision exists in Fifth Schedule framework

Good to know

Tribes Advisory Council advises Governor — does not assume administration

The Fifth Schedule creates a special administrative framework for areas with significant tribal populations. It does NOT replace normal state administration but adds protective layers through the Governor's enhanced role.

Fifth Schedule Powers & Limitations

Authority

Powers Under Fifth Schedule

Key Limitations

State Government

Continues normal executive functions

Must follow Governor's directions on tribal welfare

Governor

Make regulations, modify laws, direct non-application of Acts

Cannot transfer administration to other bodies

Tribes Advisory Council

Advise Governor on tribal welfare

No executive or administrative powers

Union Government

President declares/removes Scheduled Area status

No takeover of administration provision

Governor's Special Powers

Direct non-application of Parliament/State Legislature Acts to Scheduled Areas

Make regulations for peace and good government of Scheduled Areas

Modify existing laws in their application to these areas

Annual reports to President on administration of Scheduled Areas

Constitute Tribes Advisory Council with 20 members (3/4ths must be tribal MLAs)

Question Context

This PYQ tests two common misconceptions: that Scheduled Area declaration strips state power (it doesn't), and that Fifth Schedule allows Union takeover (no such provision exists). Both statements were designed as traps.

Exam traps

Trap: Confusing Governor's special powers with state losing executive authority

Trap: Mixing Article 356 (President's Rule) with Fifth Schedule provisions

Trap: Thinking Tribes Advisory Council has administrative powers — it only advises

Trap: Assuming Union can take over administration under Fifth Schedule framework

Constitutional Schedules Framework

Indian Polity Constitution Schedule

Constitutional Schedules: Tribal Area Governance Comparison

Must know

12 Schedules in Constitution — Fifth & Sixth deal with tribal areas

Fifth Schedule: 10 states, Governor-centric, state administration continues

Sixth Schedule: 4 Northeast states, autonomous councils with legislative powers

Good to know

No Schedule provides for Union takeover of tribal area administration

Fifth vs Sixth Schedule Comparison

Aspect

Fifth Schedule

Sixth Schedule

Applicable States

10 states (Rajasthan, MP, Chhattisgarh, Jharkhand, etc.)

4 Northeast states (Assam, Meghalaya, Tripura, Mizoram)

Administrative Setup

State Government + Governor's special powers

Autonomous District/Regional Councils

Legislative Powers

Governor can modify/exempt laws

Councils can make laws on land, forests, culture

Key Authority

Governor with Tribes Advisory Council

Autonomous Councils elected by tribes

State Executive Power

Continues normally

Limited — councils have executive autonomy

Tribal Area Governance Structure

# Tribal Area Administration
## Fifth Schedule
- 10 States
- Governor's Powers
- Tribes Advisory Council
- State Retains Executive Power
## Sixth Schedule
- 4 Northeast States
- Autonomous Councils
- Legislative Powers
- Executive Autonomy
## Article 244A
- Autonomous State Provision
- Never Implemented
- For Assam Tribals
Exam traps

Trap: Mixing Fifth Schedule (Governor powers) with Sixth Schedule (autonomous councils)

Trap: Thinking any Schedule allows Union Government takeover of tribal areas

Trap: Confusing advisory role of TAC with executive role of autonomous councils

Governor's Role in Tribal Administration

Indian Polity Governor Union Government administration

Governor's Enhanced Powers in Scheduled Areas

Must know

Governor acts as special protector of tribal interests under Fifth Schedule

Powers include regulation-making and law modification for Scheduled Areas

Good to know

Annual reporting to President mandatory on tribal area administration

Cannot transfer administrative control to other bodies

Governor's Regulatory Process

%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
  s1["`**Area Declared Scheduled**
President declares area as Scheduled under Fifth Schedule`"]
  s2["`**TAC Constitution**
Governor constitutes **Tribes Advisory Council** (20 members)`"]
  s3["`**Consultation Process**
Governor consults TAC on **welfare measures** and **regulations**`"]
  s4["`**Regulation Making**
Governor makes regulations for **peace and good government**`"]
  s5["`**Annual Review**
Governor submits **annual report** to President on administration`"]
  s1 --> s2
  s2 --> s3
  s3 --> s4
  s4 --> s5

Specific Regulatory Powers

Prohibit/restrict transfer of land by/among members of Scheduled Tribes

Regulate business of money-lending to members of Scheduled Tribes

Direct non-application of any Act of Parliament/State Legislature

Modify application of laws to suit tribal customs and needs

Make regulations after consulting Tribes Advisory Council where required

Federal Balance

The Governor's enhanced role maintains federal balance — state administration continues while providing special protection to tribal communities. No provision exists for Union Government to assume direct administration.

Exam traps

Trap: Assuming Governor can transfer administration to local bodies completely

Trap: Thinking regulation-making power equals administrative takeover

Trap: Confusing Governor's reporting to President with Union control of areas

Federal Emergency & Administrative Takeover

Indian Polity Union Government total administration

When Union Can Take Over State Administration

Must know

Article 356 allows Union takeover under President's Rule — not Fifth Schedule

Governor's report on constitutional breakdown triggers Article 356

Fifth Schedule has no takeover provision — only regulatory enhancement

Good to know

Central Rule possible but separate from tribal area governance

Administrative Takeover: Fifth Schedule vs Article 356

Provision

Fifth Schedule

Article 356 (President's Rule)

Trigger

Area has significant tribal population

Constitutional breakdown in state

Governor's Role

Enhanced regulatory powers only

Reports breakdown to President

State Administration

Continues normally

Suspended — Central rule imposed

Union Takeover

No provision for takeover

Complete administrative control to Union

Legislative Assembly

Functions normally

Suspended or dissolved

Duration

Permanent until area status changed

Maximum 3 years with Parliament approval

Article 356 Conditions

Constitutional machinery breakdown in the state

Governor's report or other information suggesting failure of state government

President's satisfaction that state cannot carry on governance per Constitution

Parliamentary approval required within 2 months

Supreme Court oversight post S.R. Bommai case

Exam traps

Trap: Linking Fifth Schedule with Union takeover powers

Trap: Confusing Governor's enhanced powers under Fifth Schedule with Governor's role in Article 356

Trap: Thinking tribal area governance automatically involves emergency provisions