SUMAN K SHRIVASTAVA
Ranchi, Nov. 24: Leader of Opposition Babulal Marandi has dubbed the proposal by the Tribes Advisory Council (TAC), headed by Chief Minister Hemant Soren to reserve the single posts in the local civic bodies under the 13 Scheduled districts for tribals as an eyewash and yet another step to befool the Adivasis.
“When the formation of TAC is unconstitutional, how can its recommendations carry any legal validity?: asked Marandi, who boycotted the TAC meeting, called in haste, a few days back.
The issue cropped up after the State Election Commission re-classified the Mayor’s post in Ranchi and other local civic bodies as reserved for Scheduled Castes instead of Scheduled Tribes following the roster cleared by the Hemant government. When the Commission was set to notify the dates for holding municipal elections, the government called the TAC meeting in haste and proposed to reserve the single posts in civic bodies under the Scheduled districts for tribals, thus deferring the elections. It is likely to be cleared by the State cabinet on December 1 and sent to the Centre for approval. But according to legal experts, this move is illegal as the court has already declared that single posts can’t be reserved.
Marandi, speaking to lagatar24.com pointed out that Governor Ramesh Bais had already declared the constitution of the TAC by the Hemant Soren government in 2021 as an encroachment into his rights and powers enshrined in the Fifth Schedule of the Constitution.
The fifth schedule deals with the administration and control of scheduled areas as well as of scheduled tribes residing in any state other than Assam, Meghalaya, Tripura and Mizoram.
Notably, on June 4, 2021, the Hemant Soren government had notified ‘Jharkhand Tribes Advisory Council Rules, 2021’ which amended the rules for constituting the TAC—an advisory body that deliberates and helps the government about issues related to tribes and their development in scheduled areas mentioned in the Fifth Schedule of the Constitution.
The government notification transferred the power of constituting TAC from the office of the governor to the chief minister.
Accordingly, the state government on June 22, 2021, reconstituted the TAC with the chief minister as ex-officio chairman and the state tribal affairs minister as the deputy chairperson. 15 MLAs, including 3 from the opposition BJP are also a part of TAC, besides 3experts from the scheduled tribes (ST) community.
The governor, however, returned the file with a detailed 13-page observation along with suggestions for action in future.
In his note, the governor cited legal opinions sought from several legal experts including the then attorney general (AG) KK Venugopal and constitutional provisions to argue that the governor has discretionary powers in matters under the fifth schedule.
He made four suggestions including to allow his office to appoint two members from ST community to the council and send all decisions taken by TAC to the governor’s office for approval.
The Raj Bhawan argued that the governor, in performance and functions and exercise of powers under the Fifth Schedule, is not bound by the aid and advice of the Council of Ministers of state and the governor has discretionary powers under the Fifth Schedule regarding administration and control of the Scheduled Areas and Scheduled Tribes’.
The governor also suggested that every decision taken by the TAC must invariably be sent to his office for consideration and approval.
“But the Hemant Soren government threw the Governor’s note in the dustbin and is taking the decisions, which are obviously illegal, to suit his political ambitions,” Marandi pointed out.
The former chief minister pointed out that the corruption and illegalities have been the hallmark of the three-year tenure of Hemant Soren. Be it the 1932 cut-off date or the 27 percent reservation for the OBCs. “He first takes illegal decisions and then seeks to justify them. But he can keep the public in the dark for some time only, and not always. Tribals have also begun to realize it fast,” he maintained.
Marandi said that he has no objection to keep the single post reserved for tribals under Scheduled districts, but to transfer its obligation to implement it in Jharkhand to the Central government is ludicrous. “He should promise only those things which he can implement on his own. He should not play with the sentiments of tribals,” Marandi maintained.
“Hemant also knows it well that Adivasi ab boka nahi raha Adivasi is no longer foolish). So, they (tribals) will teach him a lesson when the right time comes,” he signed off.
