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
Option B is correct: Under the Fifth Schedule of the Constitution of India (applicable to Scheduled Areas across 10 states under Article 244(1)):
– Paragraph 5(2) empowers the Governor to make regulations prohibiting or restricting the transfer of land by or among members of Scheduled Tribes.
– In the landmark Samatha vs. State of Andhra Pradesh (1997) verdict, the Supreme Court held that the word ‘person’ in Fifth Schedule regulations includes the State Government as well. Consequently, the transfer or lease of tribal land in Scheduled Areas to private parties or non-tribals for mining operations is null and void.
Therefore, the constitutional provision is the Fifth Schedule — Option B.