National Commission for Scheduled Tribes (NCST) was established in 2004 by amending Article 338 and inserting Article 338A into the Constitution through the 89th Constitutional Amendment Act, 2003. The NCST replaced the earlier National Commission for Scheduled Castes and Scheduled Tribes. It is a constitutional body dedicated to the welfare of Scheduled Tribes (STs) in India.
Objective of NCST
The primary objective of NCST is to oversee the implementation of safeguards for Scheduled Tribes. It evaluates the effectiveness of these protections under the Constitution and other laws. The Commission ensures that the rights of STs are upheld and that they receive necessary welfare measures.
Composition of NCST
The NCST consists of a Chairperson, a Vice-Chairperson, and three other Members. These officials are appointed by the President of India. At least one member must be a woman. The term of office for these members is three years. The Chairperson holds the rank of a Union Cabinet Minister, while the Vice-Chairperson holds the rank of Minister of State. Other Members have the rank of Secretary to the Government of India. Members can serve a maximum of two terms.
Duties and Functions of NCST
The NCST has several key duties:
- Investigate and monitor matters related to ST safeguards.
- Inquire into specific complaints regarding ST rights.
- Advise on socio-economic planning for STs.
- Provide annual reports to the President on safeguard operations.
- Make recommendations for effective implementation of safeguards.
Provisions Related to STs in India
The Constitution does not explicitly define Scheduled Tribes. However, Article 366(25) provides a framework for identifying STs. Article 342 allows the President to specify tribes as Scheduled Tribes in consultation with State Governors.
Constitutional Provisions
The Constitution includes several provisions for STs:
- Fifth Schedule: Addresses administration and control of Scheduled Areas and STs.
- Sixth Schedule: Concerns tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
- Article 275(1): Guarantees grants-in-aid for ST welfare.
- Reservation Articles: Articles 330 and 332 provide for reserved seats in Lok Sabha and State Legislatures.
Statutory Provisions for ST Welfare
Several laws protect the rights of Scheduled Tribes:
- Protection of Civil Rights Act, 1955: Aims to eradicate untouchability.
- Prevention of Atrocities Act, 1989: Prevents atrocities against SCs and STs.
- Panchayats (Extension to Scheduled Areas) Act, 1996: Extends Panchayat institutions to Scheduled Areas.
- Forest Rights Act, 2006: Recognises the rights of STs over forest land and resources.
Evolution of NCST
The NCST has evolved through various amendments:
- Original Provision: Article 338 initially provided for a Special Officer for SCs and STs.
- 65th Amendment Act, 1990: Established a multi-member National Commission for SCs and STs.
- 89th Amendment Act, 2003: Bifurcated the Commission into two separate entities – NCSC and NCST.
Establishment of NCST
The NCST was officially established in 2004, following the constitutional amendment. A new Ministry of Tribal Affairs was also created in 1999 to focus on tribal welfare and development.
Tenure of NCST Members
Members of the NCST serve a term of three years. They are ineligible for reappointment after two terms. This rule ensures fresh perspectives and accountability within the Commission.
Functions of the NCST
The NCST’s functions include:
- Investigating constitutional safeguards for STs.
- Inquiring into rights deprivation complaints.
- Advising on socio-economic development planning.
- Reporting findings to the President.
- Recommending measures for ST welfare.
Additional Functions of the NCST
In 2005, the President specified additional functions for the NCST:
- Conferring ownership rights for minor forest produce to STs.
- Safeguarding tribal rights over natural resources.
- Improving livelihood strategies for tribal communities.
- Enhancing rehabilitation measures for displaced tribal groups.
- Preventing land alienation among tribal populations.
Powers of the NCST
The NCST has the authority to regulate its own procedures. It possesses powers akin to a Civil Court, including:
- Summoning witnesses and requiring document production.
- Receiving evidence through affidavits.
- Requisitioning public records.
Consultation Requirements
Both Central and State Governments must consult the NCST on major policies affecting Scheduled Tribes. This ensures that tribal interests are considered in legislative and administrative decisions.
Reporting Mechanism
The NCST submits reports to the President annually. These reports detail the Commission’s findings and recommendations. The President presents these reports to Parliament, along with an action memorandum.
