Question

Which of the following best describes the constitutional function of the Governor under Fifth Schedule of the Constitution with respect to Scheduled Areas?

Q: Answer-Which of the following best describes the constitutional function of the Governor under Fifth Schedu...

The Governors powers under the Fifth Schedule are intended to function as protective mechanisms for Scheduled Tribes, not as instruments of unfettered discretion. The Governor may modify or exclude the application of laws in Scheduled Areas, but such actions must align with constitutional objectives and are subject to judicial review. In Samatha v. State of Andhra Pradesh, the Supreme Court highlighted that protection of tribal land and culture is central to the Fifth Schedule. Thus, the Governor acts as a constitutional trustee rather than a political authority.

A The Governor has absolute power to alter State laws at will.

B The Governor can make regulations, direct that certain Acts of Parliament or State Legislature shall not apply, and consult central authorities, but must act subject to constitutional limits and judicial scrutiny.

C The Governor acts as a judicial officer with power to decide disputes between tribes.

D The Governor can legislate for other states under Fifth Schedule.

E The Governor’s orders under Fifth Schedule cannot be challenged.

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