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      Question

      Article 244(2) of the Constitution empowers the Governor

      to make regulations for certain areas. Which of these is TRUE about those regulations?
      A Regulations under Article 244(2) for Scheduled Areas require Presidential assent and may be subject to parliamentary oversight; they can be used to adapt laws to tribal conditions. Correct Answer Incorrect Answer
      B Such regulations are immune from review. Correct Answer Incorrect Answer
      C Regulations under Article 244(2) can change the Constitution. Correct Answer Incorrect Answer
      D Regulations under Article 244(2) apply to the whole Republic. Correct Answer Incorrect Answer
      E Article 244(2) was repealed. Correct Answer Incorrect Answer

      Solution

      Article 244, read with the Fifth Schedule, governs the administration of Scheduled Areas. Paragraph 5 of the Fifth Schedule authorizes the Governor to make regulations for peace and good governance, including modifying or excluding the application of laws in Scheduled Areas. However, such regulations require Presidential assent, ensuring Central oversight. This arrangement reflects a layered constitutional protection for Scheduled Tribes. In Samatha v. State of Andhra Pradesh (1997), the Supreme Court emphasized that these powers exist to prevent exploitation of tribal communities and must be exercised strictly in furtherance of constitutional objectives.

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