Tribes Advisory Council


Each State having Scheduled Areas has a Tribes Advisory Council consisting of not more than twenty members, three-fourths of whom are to be the representatives of the Scheduled Tribes in the State Legislative Assembly. A similar Council may be created in the State which has Scheduled Tribes, but not Scheduled Areas, if the President so directs.

It will be noted that in the case of Scheduled Areas there is an obligation to create an Advisory Council, but there is no such obligation to create an Advisory Council, in case of Scheduled Tribes and the matter has been left to the discretion of the Central Government.

The Tribes Advisory Council advises on such matters pertaining to the welfare and advancement of the Scheduled Tribes as the Governor may refer to it. The Governor may direct by public notification that a law made by Parliament or the State Legislature shall not apply to a Scheduled Area, or shall apply subject to specified exceptions and modifications. [Cl.1 of Para 5].

The Governor has power to make Regulations for the peace and good government of a Scheduled Area after consulting the Tribes Advisory Council [Cls. 2 and 5 of Para 5]. A Regulation may amend or repeal an Act of Parliament or of the State Legislature applicable to the area in question [Cl. 3 of Para 5]. A Regulation comes into force only when it is assented to by the President [Cl. 4 of Para 5]. This provision confers the "widest" power to legislate on the Governor.

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