Question
Which of the following is correct about Article 162
(Stateās executive power) in relation to Fifth and Sixth Schedules of the Constitution?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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