National Commission for Scheduled Tribes (STs)

1. Overview of the Commission

  • The National Commission for Scheduled Tribes (NCST) is a constitutional body established by Article 338-A of the Constitution.
  • Similar to the National Commission for Scheduled Castes (SCs), the NCST aims to protect the rights and welfare of Scheduled Tribes.
  • The 65th Constitutional Amendment Act of 1990 initially combined the commission for SCs and STs.
  • In 2003, the 89th Constitutional Amendment Act created a separate commission exclusively for STs.

2. Establishment and Structure

  • The NCST was officially established in 2004.
  • The commission consists of a Chairperson, Vice-Chairperson, and three other members appointed by the President.
  • Members serve a three-year term and may be reappointed for one additional term.

Key Functions of the Commission

  1. Investigation and Monitoring
    • Monitors all constitutional and legal safeguards provided for STs.
    • Evaluates the effectiveness of these protections in addressing the issues faced by STs.
  2. Inquiry into Complaints
    • Investigates specific complaints related to the deprivation of rights and safeguards meant for STs.
  3. Socio-Economic Development
    • Advises on planning and policy formulation for the socio-economic development of STs.
    • Assesses the progress of development programs for ST communities under both Union and state governments.
  4. Reporting to the President
    • The NCST submits annual reports and additional reports as necessary, detailing the implementation of safeguards and their efficacy.
  5. Recommendations for Implementation
    • Suggests measures to the Union and state governments to enhance the protection, welfare, and socio-economic development of STs.
  6. Additional Functions Specified by the President (2005)
    • Conferring ownership rights for minor forest produce to STs in forest areas.
    • Safeguarding tribal rights over mineral and water resources.
    • Improving rehabilitation measures for tribals displaced by development projects.
    • Preventing alienation of tribal lands and rehabilitating affected individuals.
    • Involving tribal communities in forest conservation and afforestation efforts.
    • Ensuring the full implementation of the Panchayats (Extension to Scheduled Areas) Act, 1996.
    • Reducing shifting cultivation practices, which harm land and the environment.

Reporting and Legislative Procedures

  1. Annual Report
    • The Commission presents an annual report to the President, with additional reports when deemed necessary.
  2. Parliament and State Legislature Involvement
    • Reports submitted to the President are tabled in Parliament, along with action plans or reasons for any non-acceptance of recommendations.
    • For state-specific reports, the President forwards them to the respective Governor, who then presents them in the state legislature with an action memorandum.

Powers of the Commission

  1. Regulatory Power
    • The NCST can regulate its own procedures for efficiency in executing its responsibilities.
  2. Civil Court Powers
    • While investigating or inquiring, the NCST has powers similar to those of a civil court, such as:
      • Summoning individuals from any part of India and examining them on oath.
      • Demanding document production and the discovery of information.
      • Receiving affidavits and requisitioning public records.
      • Examining witnesses and documents through summons.
  3. Consultation on Policy
    • The Union and state governments are required to consult the NCST on significant policy decisions impacting STs.

Example Scenarios

  • Ownership Rights: For STs in forest regions, the NCST has implemented policies allowing ownership over minor forest produce, enhancing community livelihood.
  • Rehabilitation Efforts: Development projects causing displacement, such as dam construction, require the NCST to assess and improve relief measures for affected tribal populations.
  • Land Protection: NCST actively works to prevent land alienation and facilitates rehabilitation, ensuring that tribal communities retain access to their ancestral lands.