Which of the following statements is/are correct about the 5th Schedule of the Indian Constitution?

1. The Governors are bound to constitute a TAC (Tribe Advisory Council) in the 5th Schedule areas.

2. The TAC is an elected body.

3. The advice of TAC is binding in nature.

The correct answer is 1 only.

Key Points

• The Scheduled areas are treated differently from other areas as they are inhabited by the aboriginals who are socially and economically backwards.
• Special efforts are required for their development.
• In India, they are given special rights under Schedule 5 and 6 of the Indian Constitution.

Salient Feature of Schedule 5 of the Indian Constitution: 

• Applies to the entire country except for Tripura, Assam, Meghalaya, and Mizoram.
• Governors are empowered to constitute TAC (Tribe Advisory Council) which will not be more than 20 members. Hence Statement 1 is correct and Statement 2 is incorrect.
• All members of the TAC are nominated by Governor.
• It is an advisory Body.
• It has no Judicial power.
• Its advice is not binding. Hence, Statement 3 is incorrect.
• All enactment of Parliament and the state legislature are applied to these areas unless otherwise notified by the Governor.

Important Points

• Schedule 6 applies to Tripura, Assam, Meghalaya, and Mizoram.