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      Question

      Which of the following is correct about Article 162

      (Stateā€™s executive power) in relation to Fifth and Sixth Schedules of the Constitution?
      A Article 162 gives exclusive power to States to legislate in Scheduled Areas without any Governor/President intervention. Correct Answer Incorrect Answer
      B Article 162 operates subject to the special powers and provisions given by Fifth and Sixth Schedules, allowing Governors or regional councils to have special roles in administration of tribal areas. Correct Answer Incorrect Answer
      C Article 162 is inapplicable in states with Scheduled Areas. Correct Answer Incorrect Answer
      D Article 162 transfers executive power to Central Government in Scheduled Areas. Correct Answer Incorrect Answer
      E Article 162 was repealed by the 73rd Amendment. Correct Answer Incorrect Answer

      Solution

      Article 162 vests executive power in States but expressly subjects it to the Constitution. The Fifth and Sixth Schedules create special governance regimes that limit State discretion in Scheduled and Tribal Areas. These provisions recognize historical disadvantage and aim to protect tribal autonomy and culture. State executive action inconsistent with theseĀ schedules may be invalidated. In Samatha v. State of Andhra Pradesh, the Supreme Court underscored that tribal land protection overrides general State executive powers, reinforcing constitutional supremacy.

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