Now, the proposed Fifth Schedule in sub-paragraph (2) of paragraph 4, provides that the Tribes Advisory Council should advise the Government of a State on matters relating to the welfare and advancement of the Scheduled tribes as may be referred to them by the Governor or Ruler, of a State as the case may be. In this amendment, I propose to provide, firstly, that the Tribes Advisory Council’ should, instead of advising only for the welfare and the advancement of the scheduled tribes, also advise for the administration of the scheduled areas and secondly that the advisory power of the Council should not be limited by the whims and fancies of the executive authority. If the Advisory Council is to advise only on those matters which will be referred to it, then the very purpose of the Fifth Schedule will be defeated. Sir, it may happen that a particular matter may affect the tribal people, but still the Government may not refer the matter to the Advisory Council, and therefore in those matters the Advisory Council will be powerless and will not be in a position to have any say. Sir, we have already provided in article 215- B that the provision of Fifth Schedule shall apply to the administration and control of the scheduled areas and the tribes. But according to the proposed Fifth Schedule the Advisory Council will have no power to advise in the administration of the scheduled areas. The Advisory Council is for all practical purposes only an advisory body. The Governor is not bound to accept the advice tendered by the Council. We will thus be making the Council a nonentity.
