Under which schedule of the constitution of india can the transfer of tribal land to private parties for mining be declared null and void?
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Answer:
Article 244 (1) of the Constitution of India, the 'Scheduled Areas' are defined as 'such areas as the President may by order declare to beScheduled Areas' – as per paragraph 6(1) of the Fifth Schedule of the Constitution of India.
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Under 5th schedule of the constitution of india can the transfer of tribal land to private parties for mining be declared null and void
Explanation:
- Article 244(1) of the Constitution of India describes ' Scheduled Areas ' as ' areas which the President can declare to be Scheduled Areas by decree, ' as provided for in subsection 6(1) of the Fifth Schedule of the Indian Constitution.
- State of Andhra Pradesh & Ors (1997) judgment in which the Supreme Court declared that the transfer of tribal land to private mining parties under the Fifth Schedule was null and void
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