National Commission for Scheduled Tribes (NCST): Functions, Structure, Challenges and Future Directions

The National Commission for Scheduled Tribes (NCST) was established in 2003 to protect the rights and interests of Scheduled Tribes in India. Operating from its headquarters in New Delhi and several regional offices, the NCST plays a crucial role in monitoring the implementation of laws and policies that affect these communities. The Commission’s work involves investigating grievances, advising the government on socio-economic development, and ensuring that the rights of Scheduled Tribes are upheld.

Overview of the National Commission for Scheduled Tribes (NCST) in India

Evolution of the National Commission for Scheduled Tribes 

• Purpose: Articles 338 and 338A establish national commissions for Scheduled Castes (SCs) and Scheduled Tribes (STs) to improve their living conditions, ensure resource availability, safeguard their interests, and promote socio-economic growth.
• 1978: The Government set up a non-statutory, multi-member Commission for SCs and STs, while the Office of Commissioner continued to operate.
• 1987: The Commission established in 1978 was renamed the National Commission for SCs and STs.
• 1990: The 65th Constitutional Amendment replaced the Commissioner for SCs and STs with a multi-member National Commission for SCs and STs.
• 2003: The 89th Constitutional Amendment divided the National Commission for SCs and STs into two separate bodies:
  •  the National Commission for Scheduled Castes (Article 338) and the National Commission for Scheduled Tribes (Article 338A).
• 2004: National Commission for Scheduled Tribes (NCST) established under Article 338A of the Indian Constitution, the NCST was constituted on February 19, 2004.

Establishment and Structure of the National Commission for Scheduled Tribes (NCST)

• Establishment: The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. 
• Headquarters and Regional Offices: The National Commission for Scheduled Tribes functions from its Headquarters in New Delhi and from the Regional Offices of the Commission located in six States.
• Report: The commission presents an annual report to the President. 
• The President also forwards any report of the Commission pertaining to a State Government to the State Governor. 
• The President and the Governor place all such reports before the Parliament and State legislature respectively, along with a memorandum explaining the action taken on the recommendations made by the Commission. 
• The memorandum should also contain the reasons for the non-acceptance of such recommendations.
• Appointment: The body comprises Chairperson, Vice Chairperson, and 3 others appointed by the President by warrant under his hand and seal.
• Tenure: Tenure and conditions of service of office are determined by the President. 
  • Usually 3 years, under the National Commission Scheduled Tribes Chairperson and Vice Chairperson and Members ( Conditions of Service and Tenure) Rules 2004. 
  • They cannot serve more than two terms.

Removal Process

• As per National Commission Scheduled Tribes Chairperson and Vice Chairperson and Members ( Conditions of Service and Tenure) Rules 2004.
  • The Chairperson and Vice-Chairperson and any other Member, may, by notice in writing under his hand addressed to the President, resign his post.

Removal of Chairperson

• Grounds for Removal: The Chairperson shall only be removed from his office by order of the President on the ground of misbehavior after the Supreme Court, on reference being made to it by the President, has on inquiry held in accordance with the procedure prescribed by it under Article 145 of the Constitution, reported that the Chairperson ought on any such ground to be removed.
• Suspension Authority: The President may suspend from office the Chairperson in respect of whom a reference has been made to the Supreme Court.
• Conflict of Interest: If the Chairperson is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State, he shall be deemed guilty of misbehavior.
• Presidential Removal Authority: Notwithstanding anything the President may by order remove from office the Chairperson if the Chairperson.
  • Is adjudged an insolvent.
  • Engaged during his term of office in any paid employment outside the duties of his office.
  • Is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

Removal Of Vice-Chairperson And Other Members When, He/She

• Grounds for Removal of Vice-Chairperson and Other Members: Undischarged Insolvency:  Becomes an undischarged insolvent.
  • Criminal Conviction: Gets convicted and sentenced to imprisonment for an offense which, in the opinion of the President, involves moral turpitude.
  • Unfitness Due to Infirmity: Is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.
  • Incapacity to Act: Unfitness Due to Infirmity: Refuses to act or becomes incapable of acting.
  • Absence from Meetings: Is without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission.
  • Abuse of Position: In the opinion of the President, has so abused the position of Vice-Chairperson or Member as to render that person’s continuance in office detrimental to the interest of the Scheduled Tribes.
• Right to Be Heard: Provided that no person shall be removed under this clause until he has been given a reasonable opportunity of being heard in the matter.

Functions of the Commission

• • Investigation and Monitoring of Safeguards: Investigate & Monitor matters relating to safeguards provided for STs under the Constitution or under other laws or under government order to evaluate the working of such Safeguards.
  • Inquiry into Complaints: Inquire into specific complaints relating to the rights and safeguards of STs, under this Constitution or under any other law.
  • Participation and Advisory Role: in the Planning Process relating to the Socio-economic development of STs, and evaluate the progress of their development under the Union and any State.
  • Submission of Annual Reports: Submit a report to the President annually and  at such other times as the Commission may  deem  fit, upon/working of Safeguards, measures required for welfare and Socio-economic development of STs.
  • Additional Functions: Discharge such other functions in relation to STs as the President may, subject to the provisions of any law made by Parliament, by rule specify; etc.
• Other Functions:
  • Protection of Rights to Natural Resources: It must ensure the measures need to be taken to protect the rights of the Scheduled Tribes with regard to natural resources.
  • Support for Displaced Tribal People: The Commission takes necessary steps for the tribal people who have been displaced due to unavoidable circumstances.
  • Forest Protection and Afforestation: The Commission takes necessary steps to protect the forests by means of undertaking social afforestation and also prevents shifting cultivation practiced by several tribal communities which is responsible for degrading both the land and the environment. 
  • Implementation of Panchayats (Extension to Scheduled Areas) Act, 1996: It also implements provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996, to provide adequate benefit to the Scheduled Tribes. 

Powers of the commission

• Powers of Investigation and Inquiry: For Investigation and Inquiry, the Commission is vested with the powers of a civil court.
• Regulatory Authority: The Commission has the power to regulate its own procedure.
• Consultation Requirement: The Central and State Governments are required to consult the Commission on all the major policy matters concerning STs.

Strengthening the National Commission for Scheduled Tribes

• Need for Enhanced Powers: The National Commission for Scheduled Tribes (NCST) requires additional powers to improve its autonomy and effectiveness. 
• Currently, it lacks financial autonomy due to the absence of formal orders regarding financial powers from the Ministry of Tribal Affairs. 
• The Ministry should issue these orders promptly.
• Regulatory Autonomy and Infrastructure: Article 338(A)(4) of the Constitution grants the NCST the authority to regulate its own procedures and develop necessary infrastructure. 
• Adequate funding should be allocated to meet these needs.
• Coordination with Central and State Authorities: As the nodal Ministry for Tribal Development, the Ministry of Tribal Affairs should instruct other Central Ministries and State Governments to consult the NCST on policy matters affecting Scheduled Tribes (STs).
• Timely Submission of Annual Reports: The NCST insists that its Annual Report should be submitted directly to Parliament without delay. 
• Current procedures cause delays, undermining public awareness and corrective actions.
• Judicial Representation: The NCST should have the authority to independently file replies in court cases involving its interests, ensuring its views reach judicial authorities without modifications or delays.
• Staffing and Operational Efficiency: The NCST is currently understaffed, lacking sufficient personnel in both headquarters and regional offices. 
• The Ministry of Tribal Affairs must ensure the appointment of adequate staff to enhance operational efficiency.
• Addressing Grievances: A computerized Grievance Management System is in place, but the NCST requires the power to sanction defaulting officials to effectively protect the rights of Scheduled Tribes.
• Discrimination by Government Officials: Many grievances arise from discrimination by government officials against ST members, who often lack awareness of their rights. 
• The NCST must be equipped to monitor and address these violations without assuming the responsibilities of implementing agencies.

Conclusion

To effectively serve its purpose, the NCST needs enhanced powers, sufficient staffing, and financial autonomy. 

• This will enable it to address grievances and monitor the welfare of Scheduled Tribes more efficiently. 
• Strengthening the Commission is essential for the protection and promotion of the rights and interests of tribal communities across India.

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