Validity of 100% reservation to the Scheduled Tribe candidates out of whom 33.1/3% shall be women for the post of teachers in the schools in the scheduled areas in the State of Andhra Pradesh.
(1) What is the scope of paragraph 5(1), Schedule V to the Constitution of India?
The Governor in the exercise of powers under Para 5(1), Fifth Schedule of the Constitution, can exercise the powers concerning any particular Act of the Parliament or the legislature of the State. The Governor can direct that such law shall not apply tothe Scheduled Areas or any part thereof. The Governor is empowered to apply such law to the Scheduled Area or any part thereof in the State subject to such exceptions and modifications as he may specify148in the notification and can also issue a notification with retrospective effect.
2(a) Does the provision empower the Governor to make a new law?
The Governor is empowered under Para 5(1), Fifth Schedule of the Constitution, to direct that any particular Act of Parliament or the Legislature of the State, shall not apply to a Scheduled Area or apply the same with exceptions and modifications.The Governor can make a provision within the parameters of amendment/ modification of the Act of Parliament or State legislature.The power to make new laws/regulations, is provided in Para 5(2),Fifth Schedule of the Constitution for the purpose mentioned therein,not under Para 5(1) of the Fifth Schedule to the Constitution of India.