Replying to the query made by Dubey, Union Minister Munda said that he is informing the Jharkhand government that the Tribal Advisory Council should be properly constituted through the Governor. The Union Minister said that the Governor had sought information from the Law Ministry and the Union Tribal Ministry in the manner, in which the TAC was constituted. Later, the Tribal Ministry also sought the opinion of the Law Ministry in this regard.
The Minister also said that the law ministry has said in its suggestion that the Jharkhand government has neglected several powers of Governor in formation of TAC. Those subjects should be sent again to the Governor and it should be ensured through the Governor that that advisory council is properly constituted. Godda MP in Lok Sabha Nishikant Dubey said that the Jharkhand government has done unconstitutional work in the formation of TAC.
On June 4, 2021, the made a new rule of TAC, according to which the role of the Governor in the formation of TAC was abolished. The Chief Minister became the Chairman of the body. The right to approve the appointment of all the members also came to the CM. TAC was formed only with the approval of CM. The appointment of the members was also done by the CM. Earlier; the right to constitute TAC was with the Governor.
Even Governor Ramesh Bais recently had said that he was taking legal opinion on the amended Tribes Advisory Council (TAC) rules, while underlining that the Constitution provides special powers to the Governor concerning Governance in scheduled areas.