The third set of amendments which my honourable Friend, Mr. Jaipal Singh, has moved (amendments Nos. 47 and 52) and Mr. Yudhishthir Mishra’s amendment No. 46, are to the effect that the Tribes Advisory Council should he miniature senates with power to aid and advise the Governor in all matters falling within the purview of this schedule; there should be a kind of responsible Government with regard to these matters under which the Governor should accept the advice of not of a ministry but an assembly. That is an utter absurdity. Take the first case; an Act of the Parliament or an Act of the State would straightaway apply to the Scheduled area, but if the Governor thinks that in the interests of the tribals, certain sections of such an Act should not apply, he should be free so to decide. Is it possible for each Tribal Advisory, Committee of a small tribe to come to a common conclusion with regard to an elaborate Act of Parliament as to what provisions of it should or should not apply. Under the draft as it stands all that the Governor has to do is that they should be consulted with regard to regulations. In regard to notifications when he thinks that certain provisions of the Central Act or the Act of the State should not apply in the interests of the tribals, no previous consultation will be necessary because after all the sacred trust in respect of this step is placed on the Provincial Government. Further, with regard to the regulations of transfer of land and other things relating to the welfare of the tribes the tribal assembly will have to be consulted. Naturally their interests will be placed before the Government in the course of consultations. But to make the decision depend upon the advice of this assembly would in the end lead to disaster to the tribes themselves. It may be that after consultation the Governor may feel that their advice is not correct. Take for instance, money-lending. It is such difficult subject and I am sure some of the tribals on my side, would not be able to understand the implications of Money-lenders’ Act, and if their advice is sought, I am sure, they would say that they do not understand a word of it. The word “consulted” therefore has been put in the place of “advice” purposely.
