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    Question

    Which of the following is accurate about the application

    of Fundamental Rights in Scheduled Areas?
    A Fundamental Rights are fully suspended in Scheduled Areas. Correct Answer Incorrect Answer
    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. Correct Answer Incorrect Answer
    C Fifth Schedule gives absolute immunity to the State against Article 14 challenges. Correct Answer Incorrect Answer
    D Sixth Schedule removes access to High Courts Correct Answer Incorrect Answer
    E There is no judicial oversight of Scheduled Areas Correct Answer Incorrect Answer

    Solution

    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.

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