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National Commission for Scheduled Tribes (NCST): Constitutional Mandate, Power & Functions

PWOnlyIAS November 23, 2023 05:27 1675 0

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National Commission for Scheduled Tribes (NCST): Constitutional Mandate, Power & Functions

The Constitutional Role of the National Commission for Scheduled Tribes (NCST): The National Commission for Scheduled Tribes (NCST) is a constitutional body set up under Article 338A of the Indian constitution.

Origin of National Commission for Scheduled Tribes (NCST)

  • The National Commission for Scheduled Tribes (NCST) was formed by bifurcating the commission for Scheduled Castes and Scheduled Tribes.
  • After 89th Amendment Act, 2003 the National Commission for Scheduled Castes and Scheduled Tribes was bifurcated to form National Commission for SC (Article 338) and National Commission for ST (Article 338A).

 

Also Read About National Commission for Backward Classes (NCBC)

Also Read About National Commission for Scheduled Castes (NCSC)

Composition, Status, and Tenure of the National Commission for Scheduled Tribes (NCST): An Overview

  • Composition: The National Commission for Scheduled Tribe, which consists of a Chairperson, a Vice-Chairperson, and 3 other members, are appointed by the President by warrant under his hand and seal.
    • At least one member should be a woman.
  • Status: The Chairman of National Commission for Scheduled Tribe has the status of a cabinet minister and the vice chairman has the rank of a minister of state and other members enjoy the rank of Secretary to the Government of India.
  • Tenure: The Chairperson, the Vice-Chairperson and the other Members hold office for a term of 3 years. 
    • Their conditions of service and tenure of office of all members are determined by the President.
    • The members cannot be appointed for more than two terms.

Empowering the National Commission for Scheduled Tribes: Authority, Procedure, and Consultation

  • Powers of Civil Court: The National Commission for Scheduled Tribe is vested with all the powers of a civil court.
  • Regulate Procedure: NCST enjoys the power to regulate its own procedure.
  • Summoning Persons: The NCST can summon the attendance of any person and examines on oath.
  • Evidence on Affidavits: NCST can receive evidence on affidavits. 
  • Examine Witness: NCST has powers to scrutinize witnesses and documents.
  • Document Production: The NCST can enforce the production of any specific documents.
  • Consultation Requirement: The union and state governments are required to consult the NCST regarding major policy decisions that affect STs.

Functions of National Commission for Scheduled Tribes: Safeguards, Development, and Additional Responsibilities

  • Original Functions of National Commission for Scheduled Tribe:
    • Safeguards of Scheduled Tribes: NCST has the responsibility to investigate & monitor matters relating to safeguards provided for STs in both centre and state level.
    • Planning for Development of STs: The NCST participates and suggests planning for socio-economic development of STs and also evaluates progress of current development.
    • Inquire into Specific Complaints: The NCST has the mandate to inquire into specific complaints regarding deprivation of right and safeguards of STs.
    • Annual Report: The Commission presents an annual report to the President regarding the working of safeguards for STs. 
    • Miscellaneous: The commission discharges any other functions related to welfare and development of STs as the President may specify.
  • Additional Functions: In addition to the functions related to welfare and development of STs, the President specified in 2005 that NCST would require to perform following functions:
    • Ownership Rights in Terms of Forest Produce: NCST must take measures to confer ownership rights over Minor Forest Produce to STs living in forests.
    • Rights over Mineral Resources: NCST is required to take measures to protect rights of tribal communities over mineral and other resources.
    • Ensuring Livelihood: NCST must work for development of tribals to provide livelihood strategies for them.
    • Relief and Rehabilitation: Provide steps to increase efficacy of rehabilitation and relief for tribals displaced by development projects.
    • Prevent Land Alienation: Taking urgent measures to prevent alienation of tribals from land and taking steps to rehabilitate those already alienated.
    • Involvement in Forest Protection: Urging tribal groups to derive support of tribal communities for protecting forests.
    • Fulfill PESA Goals: NCST must take measures to fulfill the goals under provisions under Panchayats (Extension to the Scheduled Areas) Act, 1996.
    • Prevent Shifting Cultivation: NCST must be actively involved in reducing the practice of shifting cultivation and ultimately eliminating it.

Provisions for the Removal of Members of National Commission for Scheduled Tribe

  • The Chairperson: The chairperson can be removed by the President on the following grounds:
    • He/she is an undischarged insolvent; or
    • He/she is engaged in any paid employment outside the duties of his/her office during his/her term of office; or
    • He/she is in the opinion of the President unfit to continue the office.
  • Vice-chairperson and Other members: The below are specific grounds:
    • He/she is an undischarged insolvent; or
    • He/she get imprisonment for an offense that involves moral turpitude; or
    • He/she in the opinion of the President is unfit to continue the office; or
    • He/she is incapable of acting or refuses to act; or
    • He/she is absent from three consecutive meetings of the Commission without permission; or
    • He/she has abused the position of the Vice-Chairperson or Members.

Challenges and Criticisms Faced by the National Commission for Scheduled Tribes: A Critical Analysis

  • Non binding Recommendations: Even though the commission has powers of carrying out extensive investigations and recommending actions, these recommendations are non-binding.
  • Limited Coverage: The commission has been able to uphold the rights of only the elite members of the Sc community and not the poorer sections living within villages.
  • Slow Judgment: There is delay in conducting enquiry and providing judgment on the issues referred to the commission.
  • Suo Motu Cognisance Powers: The NCST has failed to effectively use its powers of suo motu cognisance actively enough.
  • Irregular Report: Even though the report by NCST has to be placed before the parliament regularly, they are often tabled two or more years after they have been submitted to the President.

 

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Frequently Asked Questions

The National Commission for Scheduled Tribes (NCST) is a constitutional body set up under Article 338A of the Indian constitution, which aims to provide for welfare and development of STs.

National Commission for Scheduled Tribes (NCST) came into existence after National Commission for Scheduled Castes and Scheduled Tribes was bifurcated under 89th Constitutional Amendment Act of 2003 to form the National Commission for SC (Article 338) and National Commission for ST (Article 338A).

The President of India appoints the members of the National Commission for Scheduled Tribes (NCST) by warrant under his hand and seal.

The commission, which consists of a Chairperson, a Vice-Chairperson, and 3 other members, are appointed by the President by warrant under his hand and seal. At least one member should be a woman.

NCST has the responsibility to investigate & monitor matters relating to safeguards provided for STs in both centre and state level. The Commission presents an annual report to the President regarding the working of safeguards for STs.

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