The correct answer is President of India .

Declaration of 5th Schedule

As per the Constitutional provision under Article 244 (1) of the Constitution of India, the ‘Scheduled Areas’ are defined as ‘such areas as the President may by order declare to be Scheduled Areas’ – as per paragraph 6(1) of the Fifth Schedule of the Constitution of India. The specification of “Scheduled Areas” in relation to a State is by a notified order of the President, after consultation with the Governor of that State.

In accordance with the provisions of paragraph 6(2) of the Fifth Schedule of the Constitution of India, the President may increase the area of any Scheduled Area in a State after consultation with the Governor of that State; and make fresh orders redefining the areas which are to be Scheduled Areas in relation to any State.
The same applies in the case of any alteration, increase, decrease, incorporation of new areas, or rescinding any Orders relating to “Scheduled Areas”.

At present, Scheduled Areas have been declared in the States of Andhra Pradesh (including Telangana), Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.

Criteria for declaring Scheduled Area

The criteria for declaring any area as a “Scheduled Area” under the Fifth Schedule are:

1. Preponderance of tribal population,

2. Compactness and reasonable size of the area,

3. A viable administrative entity such as a district, block or taluk, and

4. Economic backwardness of the area as compared to the neighbouring areas.

These criteria are not spelt out in the Constitution of India but have become well established.

Accordingly, since the year 1950 to 2007 Constitutional Order relating to Scheduled Areas have been notified.

Constitutional provisions of Fifth Schedule related to declaration of Scheduled Areas

The Fifth Schedule under Article 244(1) of the Constitution contains provisions regarding administration of Scheduled Areas other than in Northeast India.

The provisions of Section 6 of Part C of the Fifth Schedule of the Constitution are as follows:

Scheduled Areas :

In this Constitution, the expression “Scheduled Areas” means such areas as the President may by order declare to be Scheduled Areas.

The President may at any time by order

(a) direct that the whole or any specified part of a Scheduled Area shall cease to be a Scheduled Area or a part of such an area;

(b) alter, but only by way of rectification of boundaries, any Scheduled Area;

(c) on any alteration of the boundaries of a State or on the admission into the Union or the establishment of a new State, declare any territory not previously included inany State to be, or to form part of, a Scheduled Area;

(d) rescind, in relation to any State or States, any order or orders made under this paragraph, and in consultation with the Governor of the State concerned, make fresh orders redefining the areas which are to be Scheduled Areas;

and any such order may contain such incidental and consequential provisions as appear to the President to be necessary and proper, but save as aforesaid, the order made under sub-paragraph (1) of this paragraph shall not be varied by any subsequent order.

The correct answer is Seventh schedule .

Seventh Schedule:

The 7th schedule under Article 246 of the constitution deals with the division of powers between the union and the states.

It contains three lists- Union List, State List and Concurrent List.

The union list details the subjects on which Parliament may make laws while the state list details those under the purview of state legislatures.

The concurrent list on the other hand has subjects in which both Parliament and state legislatures have jurisdiction. However the Constitution provides federal supremacy to Parliament on concurrent list items in case of a conflict.

The correct answer is 2002 .

What is Right to Education?

Right to Education Act (RTE) provided free and compulsory education to children in 2009 and enforced it as a fundamental right under Article 21-A.

Why Right to Education?

The Right to Education serves as a building block to ensure that every child has his or her right to get a quality elementary education.

Constitutional Background

Originally Part IV of Indian Constitution, Article 45 and Article 39 (f) of DPSP, had a provision for state funded as well as equitable and accessible education.

The first official document on the Right to Education was Ramamurti Committee Report in 1990.

In 1993, the Supreme Court’s landmark judgment in the Unnikrishnan JP vs State of Andhra Pradesh & Others held that Education is a Fundamental right flowing from Article 21.

Tapas Majumdar Committee (1999) was set up, which encompassed insertion of Article 21A.

The 86th amendment to the constitution of India in 2002, provided Right to Education as a fundamental right in part-III of the Constitution.

The same amendment inserted Article 21A which made Right to Education a fundamental right for children between 6-14 years.

The 86th amendment provided for a follow-up legislation for Right to Education Bill 2008 and finally Right to Education Act 2009.