Hindustan Times (East UP)

J’khand guv, govt lock horns over Tribes Advisory Council

- Vishal Kant Vishal.kant@hindustant­imes.com

RANCHI: Jharkhand governor Ramesh Bais has described the constituti­on of the Tribes Advisory Council (TAC) by the state government without consulting Raj Bhawan as an encroachme­nt into his rights and powers enshrined in the Fifth Schedule of Constituti­on, according to a 13-page noting on the file regarding constituti­on of the council.

On June 4, 2021, the Hemant Soren-led JMM government notified ‘Jharkhand Tribes Advisory Council Rules, 2021’ which amended the rules for constituti­ng TAC, an advisory body on issues related to tribes and their developmen­t in areas mentioned in the Fifth Schedule of the Constituti­on. Thirteen of the 24 districts of the state are classified as so-called scheduled areas.

The notificati­on transferre­d the power of constituti­ng TAC from the office of the governor to the chief minister. Accordingl­y, the state government on June 22, 2021, reconstitu­ted TAC with the CM as ex officio chairman and the state tribal affairs minister as the deputy chairperst­opped son; 15 MLAs, including three from the opposition BJP are also part of TAC, besides three experts from scheduled tribes.

Bais, who took over as the governor from Draupadi Murmu on July 14 last year, sought the related file. Officials aware of the developmen­t said after taking legal opinion, the governor returned the file around two weeks back with a detailed 13-page observatio­n along with suggestion­s for action in future.

In the detailed observatio­n, a copy of which has been reviewed by HT, the governor has cited legal opinions from several experts including Attorney General KK Venugopal and constituti­onal provisions to argue that the governor has discretion­ary powers in matters under the Fifth Schedule.

Though the governor has short of terming the notificati­on as “void”, he has made four suggestion­s: allowing him to appoint two members from scheduled tribes the council; suggestion­s given by governor must receive highest considerat­ion by council; to send all decisions taken by TAC to

the governor’s office for approval; and priority be given to for welfare and advancemen­t of tribes.

“Aforesaid rules were notified by the state government without any prior intimation/ concurrenc­e and/or considerat­ion or even consultati­on with the office of the Governor as was mandated under the Rules of Executive Business, 2000... Such an act by the state government was not only against the very spirit of the Fifth Schedule of the constituti­on but also amounted to encroachme­nt on the rights and powers of the governor enshrined in the Fifth Schedule,” read the observatio­n.

Both chief secretary Sukhdev Singh and principal secretary to the CM, Vinay Chowbey, refused to comment over the issue. However, a top official who asked not to be named said the “file has been put up before the chief minister for his perusal”.

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Ramesh Bais, Hemant Soren
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