Question

Which of the following is accurate about the application of Fundamental Rights in Scheduled Areas?

Q: Answer-Which of the following is accurate about the application of Fundamental Rights in Scheduled Areas?

Fundamental Rights apply in Scheduled Areas, but their application may be modified through regulations under the Fifth Schedule to accommodate tribal customs and socioeconomic realities. These modifications must align with constitutional goals and cannot extinguish core rights. The Supreme Court has recognized that contextual adaptation of rights in Scheduled Areas promotes substantive equality, not constitutional dilution. In Samatha, the Court emphasized that protective discrimination and regulatory measures are constitutionally valid when aimed at safeguarding tribal interests. Thus, Fundamental Rights operate alongside special protections in Scheduled Areas.

A Fundamental Rights are fully suspended in Scheduled Areas.

B Fundamental Rights continue to apply, but special laws and regulations under Fifth/Sixth Schedule may impose restrictions or provide different administrative regimes; courts examine reasonableness vis-à-vis basic constitutional guarantees.

C Fifth Schedule gives absolute immunity to the State against Article 14 challenges.

D Sixth Schedule removes access to High Courts

E There is no judicial oversight of Scheduled Areas

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