CAMPAIGN TO RECLAIM TRIBES ADVISORY COUNCIL, FOR UNLOCKING FIFTH SCHEDULE Excessive politicization by the Centre and repeated

legal braising in Supreme Court have immensely shorn off from the office of Governor the moral and practical authority which is the major hurdle in implementing Scd.V. Campaign believes reclaiming TAC is essential to liberate the Scd.V from its present shackles. In the given scheme of Scd.V, an independent-functional TAC may just be the democratic validation--since 3/4th of it consists of democratically elected tribal legislators-- the Governors require to counter the lack of initiative, transparency and gravitas that has hitherto hindered the implementation of Scd.V. TAC was usurped by vested interests in late 50s when most Scd.V states made business rules for TAC and the Chief Minister was designated as chairperson in it, effectively killing the provision of separate scheme of administration. Despite clear stipulation on TAC in Para 4(2) of Scd.V to advise upon reference from Governor, state governments have been happily setting the agenda on their own and taking decisions-issuing directives in its meetings. There is no awareness, leave alone resistance. Shockingly, for 7 decades not a single petition reached a High Court or the Supreme Court on a direct question of Scd.V even as tribal rights activists continued struggling for its implementation. Campaign aims to depoliticize the TAC and, to put it on autopilot mode of operation. Campaign has 2 optional paths to achieve this goal- legislative and, judicial. Legislative path entails sensitizing the tribal MLAs-MPs (also, policy wonks & communicators) about the intricacies of the problem and the proposed solution. Model By-laws for TAC can be introduced through parliament or, by influencing the Governor. Judicial path entails bringing the matter in the Supreme Court with the prayer that these Model Bylaws be released as directives, to safeguard the letter & spirit of Scd.V. Both the paths have their own obvious, pragmatic complications and yet certain experienced activists are professing dual approach. Recommendations for Draft Model Business Rules (TAC)1. In no way will the TAC have more than 20 members. No ex-officio Chairman, DeputyChairman or Secretary. 2. No member of state council of ministers will be an office-bearer. These posts will be held by members of TAC with seniority-cum-automatic, annual rotation. 3. TAC to be a perpetual body since it is an advisory council for the Governor who himself is a perpetual office. Its members will have a fixed, non-renewable, 2-year term with 1/3rd of members retiring at the close of each calendar year. 4. Legislator-members of TAC will not lose their membership/term due to dissolution of assembly except if their membership is suspended for a minimum period of six months on legal or disciplinary grounds or, the elected members of new assembly have taken oath. Inclusion & exclusion of the TAC members will be decided conclusively by the Governor and the appointments/terminations be notified in state gazette accordingly. 5. Non-legislator members will be chosen through a seniority-cum-rotational draw from a collegiums made of heads of traditional tribal associations, intellectuals & activists. This collegiums will be refreshed every five years by Governors secretariat with assistance from Chairman-ST commission, VCs of universities headquartered in Scheduled Areas & tribal MPs of the state. 6. Governor and his TAC may draw upon Governors secretariat for assistance in its work provided that such officers/servants are not discharging any other duties under supervision of state secretariat including Cabinet Secretariat and CMs office but excluding Election Commission and Assembly. 7. TAC will necessarily meet on two consecutive days of the last weekend of each quarter. It may summon any officer of the state government in the second half of Day-1 or first half of Day-2 and the Chief Secretary will be responsible to ensure the presence of these officers at a short notice. Members may receive as far as possible the complete agenda for meeting 2weeks in advance. Governor may ask his TAC for a special sitting with 1-week notice whenever he so desires except when the assembly is in session.

8. TAC meeting will have a quorum of one third of existing members and it will decide on the advice to be rendered on the basis of consensus-cum-majority view. TAC meetings are to be committee meetings and media reporting of its proceedings is at the sole discretion of the Governor. Membership of TAC or its honorary posts are not to be an office of profit. 9. Governor may refer any matter pertaining to the welfare & advancement of the scheduled tribes of the state to his TAC. It includes any formal/informal/indirect communication to him and, in true spirit of Article 163, discretion of the Governor in all such matters is ultimate and is free from the aid of council of ministers.