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?

Under the Fifth Schedule of the Constitution of India, the establishment of a Tribes Advisory Council (TAC) is mandatory for states that have designated Scheduled Areas. However, the Schedule also provides for the establishment of such a council in states that possess Scheduled Tribes but do not have designated Scheduled Areas. According to the constitutional provisions, a similar council can be established in such states only if the President of India so directs [2]. While the Governor has significant powers regarding the administration of Scheduled Areas, such as making regulations and deciding the applicability of Acts of Parliament, the specific discretionary power to mandate a TAC in a state without Scheduled Areas rests solely with the President [2]. The council consists of 20 members, with three-fourths being representatives of Scheduled Tribes in the State Legislative Assembly [1].

Sources

1. [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 42: Scheduled and Tribal Areas > ADMINISTRATION OF SCHEDULED AREAS > p. 416
2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 42: Scheduled and Tribal Areas > ADMINISTRATION OF SCHEDULED AREAS > p. 416