Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?

1. A. Third Schedule
2. B. Fifth Schedule
3. C. Ninth Schedule
4. D. Twelfth Schedule

Answer: B

Explanation

The Indian Constitution provides autonomy to tribal areas in matters of governance under the Fifth and Sixth Schedules, which is further fortified by the Samatha v. State of Andhra Pradesh & Ors (1997) judgment where the Supreme Court declared that the transfer of tribal land to private parties for mining was null and void under the Fifth Schedule. The framework for protection of the rights of tribal and indigenous people is further strengthened by the Recognition of Forest Rights Act, 2006 which protects the individual and community rights of tribal people in forest areas and their right to free and prior informed consent in event of their displacement and resettlement.