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J’khand govt, Governor on collision course over Tribes Advisory Council
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, according to a 13-page noting on the file by the Raj Bhawan regarding constitution of the council.
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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, according to a 13-page noting on the file by the Raj Bhawan regarding constitution of the council.
On June 4, 2021, the Hemant Soren government had notified “Jharkhand Tribes Advisory Council Rules, 2021”, which amended the rules for constituting the TAC, an advisory body that deliberates and helps the government on issues related to tribes and their development in scheduled areas mentioned in the Fifth Schedule of the Constitution. Thirteen of the 24 districts of the state are classified as scheduled areas.
The notification transferred the power of constituting the TAC from the office of the Governor to the chief minister. Accordingly, the state government, on June 22, 2021, reconstituted the TAC with the chief minister as its ex officio chairman and the state tribal affairs minister as the deputy chairperson. Fifteen MLAs, including three from the opposition Bharatiya Janata Party (BJP), are also a part of TAC, besides three experts from the scheduled tribes community.
Governor Ramesh Bais, who succeeded Draupadi Murmu on July 14, had sought the related file. Officials familiar with the matter said after taking legal opinion, the Governor returned the file around two weeks back with a detailed 13-page note along with suggestions for action in future.
In the note, which has been seen by HT, the Governor has cited legal opinions sought from experts, including country’s Attorney General KK Venugopal, and constitutional provisions to argue that the Raj Bhawan has discretionary powers in matters under the Fifth Schedule.
Though the Governor has stopped short of terming the notification as “void”, he has made four suggestions, including to allow his office to appoint two members from ST community to the council and send all decisions taken by the TAC to the Governor’s office for approval.
“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. The state government did not even take prior consent of the then Governor in the matter, leave alone taking her approval, even for formality’s sake. 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,” reads the note.
The Raj Bhawan has argued that the Governor is not bound by the aid and advice of the council of ministers of the state and has discretionary powers under the Fifth Schedule regarding administration and control of the scheduled areas and scheduled tribes.
Going forward, Raj Bhawan has said the state government “must consider” four suggestions “in the interest of scheduled tribes and better administration of scheduled areas”.
“...the power to appoint /nominate at least two members, representing scheduled tribes community, to the council, should rest with the Governor. As and when any suggestion /advice given by the Governor to the council, the same must achieve highest serious consideration by the council,” the noting read.
The governor has also suggested that every decision taken by the TAC must invariably be sent to his office for consideration and approval. “If the governor proposes/suggests some changes/amendments therein, those must not only be given due consideration and looked into with utmost seriousness but at the same time accepted too,” it said.
Officials confirmed they have received the Governor’s noting and said no decision has been taken on his suggestions.
Chief secretary Sukhdev Singh and principal secretary to the chief minister, Vinay Chowbey, refused to comment. However, a top official said the file has been put up before the chief minister for his perusal.
Bias is the fifth governor in a state not ruled by BJP to have raised a propriety issue with the state government. Governors of West Bengal, Tamil Nadu, Kerala, Maharashtra and Telangana have been in confrontation with the state governments over a range of issues.
