Question
Article 244(2) of the Constitution empowers the Governor
to make regulations for certain areas. Which of these is TRUE about those regulations?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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