Group Discussion on the case “B.K. Manish v. State of Chhattisgarh” Brief Facts The petitioner is a screenwriter and columnist by profession but has been working for the upliftment of Chhattisgarh’s tribal population for a long time. The case at hand was filed challenging the constitutional validity of the Tribes Advisory Council Rules, 2006 of the ST & SC Development Department vide gazette notification F-1-21/25-2/TWD/06 dated 31/10/2006. The challenged rules are alleged to be directly in conflict with Schedule V of the Constitution of India, which makes provisions for the Administration and Control of Scheduled Areas and Scheduled Tribes. As per Para 4(2) of the aforementioned schedule, the Tribes Advisory Council (TAC) shall advise on such matters as may be referred to it by the Governor. However as per the rules that have been notified, the agenda of such meetings can be decided by the government as also by the chairman of the TAC. This can be done without any consultation with the governor. In effect, the TAC which in the constitutional scheme of things was meant to supersede both the state & union cabinet; as also any law passed by state assembly or the parliament, has been reduced to another executive body which acts at the instance of the state cabinet. Another point of dispute is whether the governor ought to have framed the Chhattisgarh Tribes Advisory Council Rules, 2006 (the Rules) under sub-paragraph 3 of paragraph 4 of the fifth Schedule of the Constitution on his discretion or the Rules framed by the State of Chhattisgarh (the State) and authenticated on his behalf are sufficient compliance of law.” The petitioner’s PIL in the Chattisgarh High Court was rejected. What must however be noted is that Mr. Manish argued the case in person going against the Advocate General of the State. The matter has now been admitted before the Supreme Court. This is in many ways a unique case where the state government has not even taken the usual precautions while bypassing the constitution for its convenience so as to ensure that the aggrieved people have to go through a long and often harrowing process to prove before a court of law that the spirit of the constitution has been violated. The reason for this surely is our own apathy, our continuous enjoyment of the many privileges which remain light years away from a large portion of our countrymen. We as law students have a special duty towards those whose rights are taken away every day. It is in furtherance of that duty that Samanvay & Literary and Debating committee have decided to organize a group discussion on the subject. To throw more light on Schedule V and the status of the present case, we have invited Mr. BK Manish over to campus on the 6th of August (Tuesday) at 4 PM. Interested students, who are looking forward to have a discussion on Schedule-V of the Constitution of India, are invited to come up with their opinions, research work etc and join us for what promises to be an absorbing and intellectually stimulating two hours. If you’re looking to prepare yourself for the discussion, here’s what you can do: • Documents and materials related to 5th schedule are available in the Library (2 sets). • Send a mail to [email protected] (put “5th schedule” as a subject) to get the soft copy. • Send your e-mail id by message to +91 8109896575 to get the soft copy via mail. Note: All interested students are requested to go through the material to ensure that a high standard of discussion is maintained throughout the exchange! Saurabh Choudhary Vice President, SBA Samanvay Coordinator +91 8109896575
Posted on: Fri, 02 Aug 2013 12:24:26 +0000
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