Four months on, Jharkhand Governor plans to helm Tribes Advisory Council
- July 15, 2023
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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Four months on, Jharkhand Governor plans to helm Tribes Advisory Council
Subject: Polity
Section: Constitution
Concept :
- Four months into taking charge as Governor of Jharkhand, C.P. Radhakrishnan has set his sights on “taking over” the Tribes Advisory Council (TAC) of the State, which is constituted under the Fifth Schedule of the Constitution for the welfare of Scheduled Tribes, and currently has the Chief Minister as its ex-officio head.
- Jharkhand has seen tensions escalate between the Raj Bhawan and the Hemant Soren-led State government over the TAC under the tenure of Mr. Radhakrishnan’s predecessor Ramesh Bais as well.
Tribal Advisory Council
- According Article 244(1) of Fifth Schedule of the Constitution of India, the Tribes Advisory Councils (TAC) shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas therein.
- Tribal Advisory Council consists of not more than 20 members, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State.
- If the condition of seats are not fulfilled:
- If the number of representatives of the Scheduled Tribes in the Legislative Assembly of the State is less than the number of seats in the Tribes Advisory Council to be filled by such representatives, the remaining seats shall be filled by other members of those tribes.
- It should be established in each state having scheduled areas therein. They are constitutional bodies formed to deal with welfare and advancement of scheduled tribes in states.
- Accordingly, Tribes Advisory Council (TAC) have been constituted in 10(Ten) states having Scheduled Areas therein namely Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.
- Further, the States of West Bengal, Tamil Nadu and Uttarakhand not having any notified Scheduled Area also have Tribes Advisory Council constituted therein.
- Accordingly, there is no State (mandated to establish TAC), which have not constituted TAC.
- The Governor may make rules prescribing or regulating, as the case may be,
- the number of members of the Council, the mode of their appointment and the appointment of the Chairman of the Council and of the officers and servants thereof;
- the conduct of its meetings and its procedure in general; and
- all other incidental matters.
- Duty of Tribal Advisory Council-
- To advise on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor.
Fifth Schedule
In the Article 244(1) of the Constitution, 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
- 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;
- increase the area of any Scheduled Area in a State after consultation with the Governor of that State;
- alter, but only by way of rectification of boundaries, any Scheduled Area;
- on any alteration of the boundaries of a State on the admission into the Union or the establishment of a new State, declare any territory not previously included in any State to be, or to form part of, a Scheduled Area;
- rescind, in relation to any State of States, any order or orders made under these provisions and in consultation with the Governor of the State concerned, make fresh orders redefining the areas which are to be Scheduled Areas.
There are 10 states having scheduled areas:
- Andhra Pradesh
- Chhattisgarh
- Gujarat
- Himachal Pradesh
- Jharkhand
- Madhya Pradesh
- Maharashtra
- Odisha
- Rajasthan and
- Telangana
Criteria for the declaration of the Scheduled Area:
- Prominent numbers of tribal population, i.e. when tribal people are in majority in an area
- Compactness and reasonable size of the area
- A viable administrative entity such as a district, block or taluk, and
- Economic backwardness of the area as compared to the neighbouring areas.
Special provisions for 5th Schedules
- The Governor of each State having Scheduled Areas (SA) shall annually, or whenever so required by the President, make a report to the President regarding the administration of Scheduled Areas in that State.
- The Union Government shall have executive powers to give directions to the States as to the administration of the Scheduled Areas.
- Para 4 of the Fifth Schedule provides for establishment of a Tribes Advisory Council (TAC) in any State having Scheduled Areas. If the President so directs, there will be established a TAC in a State having Scheduled tribes but not Scheduled Areas therein, consisting of not more than twenty members of whom, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State. If the number of representatives of the STs in the Legislative Assembly of the State is less than the number of seats in the TAC to be filled by such representatives, the remaining seats shall be filled by other members of those Tribes.
- The TAC shall advise on such matters pertaining to the welfare and the advancement of the STs in the State as may be referred to them by the Governor.
- The Governor may make rules prescribing or regulating
- the number of members of the Council, the mode of their appointment and the appointment of the Chairman of the Council and of the officers and servants thereof,
- the conduct of its meetings and its procedure in general; and
- all other incidental matters.
- The Governor may, by public notification, direct that any particular Act of Parliament or of the Legislature of the State shall or shall not apply to a SA or any part thereof in the State, subject to such exceptions and modifications, as specified. The Governor may make regulations for the peace and good government of any area in the State which is for the time being a SA. Such regulations may
- prohibit or restrict the transfer of land by or among members of the Scheduled tribes in such area;
- regulate the allotment of land to members of the STs in such area;
- regulate the carrying on of business as money-lender by persons who lend money to members of the STs in such area.
- In making such regulations, the Governor may repeal or amend any Act of Parliament or of Legislature of the State or any existing law after obtaining assent of the President.
- No regulations shall be made unless the Governor, in case a TAC exists, consults such TAC.