Who among the following is given discretionary powers under the Fifth

Who among the following is given discretionary powers under the Fifth Schedule of the Constitution of India to set up a Tribes Advisory Council in a State which has Scheduled Tribes but not Scheduled Areas?

The Governor of the concerned State
The President of India
The Inter-State Council
The Parliament of India
This question was previously asked in
UPSC CDS-1 – 2023
The correct answer is A, The Governor of the concerned State.
Paragraph 4(1) of the Fifth Schedule of the Constitution of India provides for the establishment of a Tribes Advisory Council in each State having Scheduled Areas. It further states that such a Council may also be established, if the President so directs, in any other State having Scheduled Tribes but not Scheduled Areas. Paragraph 4(3) states that the Governor may make rules prescribing the number of members of the Council, the mode of their appointment, and the procedure for its meetings. Thus, the power to set up and regulate the Tribes Advisory Council within the state machinery, based on the President’s direction in states without Scheduled Areas, rests with the Governor.
The Fifth Schedule deals with the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram, which are covered by the Sixth Schedule. The Tribes Advisory Council advises the Governor on matters relating to the welfare and advancement of the Scheduled Tribes in the State.
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