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‘J’khand govt undermined Guv’s jurisdiction in constituting TAC’

By Hindustan Times

In a development that could further dent the ongoing tug of war over a host of issues between the Centre and Hemant Soren-led Jharkhand government, union tribal affairs minister Arjun Munda has said that the state government undermined Governor’s jurisdictions in constituting the Tribes Advisory Council (TAC) and it should take corrective measures on it.

Replying to a question raised by BJP MP Nishikant Dubey in Lok Sabha on Monday, Munda said he has got the issue vetted from the law ministry and is in the process of informing the state government about it.

“While it is a fact that in many states the TAC is headed by the chief minister, there are other provisions wherein prior approval of the Governor is mandatory in constituting it. The Jharkhand Governor had brought this issue to notice of law as well as my ministry. We also deliberated this issue with the law ministry and we think that the Governor’s powers have been undermined. We are informing the state government to take corrective measures as per the constitutional provisions,” Munda said.

The state government meanwhile said they are yet to get any communication over the issue. “We can comment only after seeing what we receive from the Centre,” said Vinay Chowbey, principal secretary to the chief minister.

The Hemant Soren government on June 22 amended the Tribes Advisory Council (an advisory body that deliberate and help the government with issues related to tribes and their development in states that have areas classified under the fifth schedule of the Constitution), transferring the power of constituting the TAC from the office of the Governor to the chief minister.

The state government reconstituted the TAC with the chief minister as ex-officio chairman and the state’s tribal affairs minister as the deputy chairperson. Fifteen MLAs, including three from the Opposition BJP, are also a part of TAC, besides two experts from the ST community.

The Hemant Soren government has, however, maintained that the amendment has been done as per law and cited an example of Chhattisgarh where a similar exercise was done by the previous BJP government there headed by Raman Singh. The TAC chaired by the CM has also met twice ever since and the BJP members abstained from it on both occasions.

The ruling JMM meanwhile stuck to its stand and justified the amendments brought by its government. “The tribal affairs minister himself said that CM chairs TAC in many states. As far as consultations with the Governor on the matters related to TAC are concerned, the state government had twice sent the file to the former Governor (Draupadi Murmu). When she did not make a decision, the government decided to amend the rules. Even later, our TAC members met the Governor seeking action on Sarna Code as recommended by the TAC,” said JMM general secretary Supriyo Bhattacharya

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