- According to the provisions of Paragraph 4, under 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.
- The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura and Mizoram.
- The Constituent Assembly debated and approved the Fifth and Sixth Schedules during September, 1949.
- Fifth schedule applicable in all the other identified tribal regions, guarantees tribal autonomy and tribal rights over land through a Tribal advisory council in each State.
- The Sixth Schedule of the Constitution, on the other hand, deals with the administration of the tribal areas in the four northeastern states of Assam, Meghalaya, Tripura and Mizoram.
The Union government has jurisdiction for the management of Scheduled Areas and the welfare of Scheduled Tribes, according to Article 339 of the Indian Constitution.
In the 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
- Directs 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 or 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.
Criteria for Scheduled Areas
- The presence of a large tribal population.
- The area’s compactness and suitable size.
- A functional administrative unit, such as a district, block, or taluk.
- Economic backwardness of the area as compared to the neighbouring areas.