The Tribes Advisory Council (TAC) is a constitutionally mandated body established under the Fifth Schedule of the Indian Constitution. It plays a vital role in advising the state governments on matters relating to the welfare and advancement of Scheduled Tribes (STs). TAC ensures that tribal interests are safeguarded and given due consideration in governance and legislative decisions.
Constitutional Provision: Article 244 & Fifth Schedule
The Fifth Schedule of the Constitution of India deals with the administration and control of Scheduled Areas and Scheduled Tribes in any state (other than those in the Sixth Schedule like Assam, Meghalaya, Mizoram, and Tripura).
Paragraph 4 of the Fifth Schedule provides for the establishment of a Tribes Advisory Council in each state having Scheduled Areas or Scheduled Tribes.
Composition of the Tribes Advisory Council
According to the Fifth Schedule:
- The TAC shall consist of not more than 20 members.
- Three-fourths of the members must be Scheduled Tribes (STs) representatives in the State Legislative Assembly.
- If the number of ST members in the Assembly is less than the required number, other ST individuals may be nominated to make up the quota.
States Mandated to Form TAC
All states with Scheduled Tribes population, especially those with Scheduled Areas (as notified by the President under Article 244), are required to establish a TAC.
Some examples include:
- Jharkhand
- Chhattisgarh
- Odisha
- Madhya Pradesh
- Andhra Pradesh
- Telangana
- Rajasthan
- Gujarat
- Maharashtra
Functions and Powers of TAC
The Tribes Advisory Council plays an advisory role. Its powers include:
1. Advising the Governor
- The TAC advises the Governor on all matters concerning the welfare and advancement of Scheduled Tribes.
- The Governor may refer any matter related to STs to the Council for advice.
2. Drafting and Reviewing Tribal Welfare Policies
- Recommends legislative and executive measures to protect tribal rights and promote development.
- Participates in planning and implementation of tribal development schemes.
3. Reviewing Implementation of Laws and Programs
- Evaluates the effectiveness of tribal welfare programs under central and state government schemes.
- Highlights gaps and irregularities in implementation.
Limitations of TAC
- Advisory Nature: Its recommendations are not binding on the Governor or the State Government.
- No Legislative Power: TAC cannot make or enforce laws; it can only suggest reforms.
- Depends on State Will: The effectiveness of TAC depends on the political will of the state government and the Governor’s discretion.
Recent Developments and Challenges
Challenges:
- Poor institutional support and limited administrative powers.
- Infrequent meetings and lack of monitoring mechanisms.
- Underrepresentation of true tribal voices, especially women and forest-dwelling communities.
Need for Reform:
- Empower TACs with statutory authority.
- Regularize their meetings and ensure follow-up action on recommendations.
- Increase community participation and transparency.
Judicial & Policy Backing
Although TACs don’t have judicial powers, various policy documents like the National Tribal Policy (Draft) and reports from the Ministry of Tribal Affairs emphasize strengthening the role of TACs.