Q. With reference to Tribes Advisory Council (TAC) under the provisions of Fifth Schedule of Constitution of India, consider the following statements:
1. It is a constitutional body established to advise the state government on the advancement of the Scheduled Tribes in Scheduled areas.
2. It must be established in all states having Scheduled Areas, declared under the Fifth Schedule.
3. Only the Members of the State Legislative Assembly belonging to Scheduled Tribes can become a member of such Council.
How many of the above given statements are correct?
Exp) Option b is the correct answer.
Statement 1 is correct: Tribes advisory council (TAC) is a Constitutional body as it was established under the Article 244 of the Constitution of India. The fifth schedule of the constitution provides for the establishment of Tribes Advisory Council (TAC) to advise the state government on welfare and advancement of the scheduled tribes in Scheduled Areas.
Statement 2 is correct: The fifth schedule of the constitution mandates establishment of the Tribes Advisory Councils (TAC) in all States having Scheduled Areas declared under the fifth schedule of the constitution. Further the states which have no notified scheduled area can also be directed by the President to establish TAC. For instance, West Bengal, Tamil Nadu and Uttarakhand not having any notified Scheduled Area have TAC.
Statement 3 is incorrect: Tribes Advisory Council will be made of maximum 20 members out of which 3/4th of the members will have to be a Member of the State Legislative Assembly belonging to the Scheduled Tribes community. The Constitution (fifth schedule) states that if the number of representatives of STs in State Assembly is less than number of seats in TAC to be filled by such representatives, remaining seats shall be filled by other members of those tribes which means TAC can include those members who is not a ST MLA in state.
| Important Tips So far, Tribes Advisory Council (TAC) have been constituted in all ten states having Scheduled Areas declared under fifth schedule of the constitution namely Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan. Hence there is no State (mandated to establish TAC), which has not constituted TAC. |
