Question

Consider the following:

Statement: The Governor of Assam can direct that an act of Parliament does not apply to tribal areas in the state.
Assertion: This power is exclusive to the Governor of Assam and not shared with the President.

Which of the following is correct?

• A. Both the Statement and Assertion are true, and the Assertion is the correct explanation of the Statement.
• B. Both the Statement and Assertion are true, but the Assertion is not the correct explanation of the Statement.
• C. The Statement is true, but the Assertion is false.
• D. The Statement is false, but the Assertion is true.

Answer 1

Answer:

C. The Statement is true, but the Assertion is false.

Understanding the Powers of the Governor and President in Tribal Areas

• The question revolves around the special provisions for the administration of tribal areas in certain North-Eastern states of India, specifically covered under the Sixth Schedule of the Indian Constitution.

• The Sixth Schedule provides for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram (AMTM) through the creation of Autonomous Districts and Autonomous Regions. This unique administrative framework aims to preserve the distinct cultural identity and self-governance of tribal communities.

The Statement: Governor's Power to Exclude Parliamentary Acts

• The statement asserts that the Governor of Assam can direct that an Act of Parliament does not apply to tribal areas in the state. This statement is TRUE.

• According to Paragraph 5(2) of the Sixth Schedule, the Governor of the concerned state (Assam, Meghalaya, Tripura, Mizoram) is vested with the power to direct, by public notification, that any Act of Parliament or of the State Legislature shall not apply to an autonomous district or autonomous region within that state.

• Alternatively, the Governor can also direct that such an Act shall apply with specified exceptions or modifications to those areas. This power is crucial for adapting general laws to the specific socio-cultural context and traditional practices of these tribal areas.

The Assertion: Exclusivity of Power

• The assertion claims that this power is exclusive to the Governor of Assam and not shared with the President. This assertion is FALSE.

• While the Governor of Assam (and other AMTM states) holds this specific power under the Sixth Schedule, it is not exclusive in the broader constitutional context concerning tribal areas:

• Shared Power with other Governors: This power is not exclusive to the Governor of Assam among Governors; the Governors of Meghalaya, Tripura, and Mizoram also possess identical powers under the Sixth Schedule for their respective autonomous districts and regions.

• President's Powers in Fifth Schedule Areas: The President of India also possesses significant powers concerning the administration of Scheduled Areas (which are distinct from Sixth Schedule tribal areas) under the Fifth Schedule of the Constitution.

• Under Article 244(1) and the Fifth Schedule, the President can make regulations for the peace and good governance of any Scheduled Area. These regulations may prohibit or restrict the application of any Act of Parliament or of the State Legislature to a Scheduled Area, or apply it with modifications. Thus, the *type* of power to modify or exclude parliamentary acts from tribal areas is also vested in the President for Fifth Schedule areas.

• President's Overarching Constitutional Role: While the Governor acts directly for Sixth Schedule areas, the President remains the ultimate constitutional head and has overarching powers concerning the administration of tribal areas in India, including the power to constitute commissions for the administration of Scheduled Areas and Tribal Areas. The Governor's actions, though often discretionary in specific contexts, operate within the broader constitutional framework overseen by the President