The National Commission for Scheduled Tribes (NCST) is a constitutional body established on February 19, 2004, by amending Article 338 and inserting a new Article 338A in the Constitution through the 89th Constitution Amendment Act, 2003. The primary objective of NCST is to monitor the implementation of various safeguards provided to Scheduled Tribes (STs) under the Constitution or any other law or order of the Government.
The commission comprises a Chairperson, a Vice-Chairperson, and three other Members appointed by the President. At least one member should be a woman. They hold office for a term of three years and are not eligible for more than two terms. The Chairperson, Vice-Chairperson, and other Members hold the rank of Union Cabinet Ministers, Minister of State, and Secretary to the Government of India, respectively.
The National Commission for Scheduled Tribes ensures the effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. It operates at the national level under the Ministry of Tribal Affairs.
Duties and Functions of NCST
The NCST has the responsibility to investigate and monitor all matters relating to the safeguards provided for the STs. This includes inquiring into specific complaints regarding the deprivation of rights and safeguards of the STs. Furthermore, the NCST advises in the planning process of socio-economic development of the STs and evaluates the progress of their development. It presents reports upon the working of those safeguards to the President annually and at such other times as deemed fit by the Commission.
Additionally, the NCST discharges functions related to the protection, welfare, development, and advancement of the Scheduled Tribes as specified by the President, subject to the provisions of any law made by Parliament.
Issues with the NCST
Recently, concerns have been raised about the functioning of the NCST. A parliamentary committee’s report revealed that the NCST has been dysfunctional for the last four years without delivering a single report to Parliament.
In the financial year 2021-22, the NCST met only four times and has a nearly 50% resolution rate of complaints and cases it receives. This slow pace of work was attributed mainly to manpower and budgetary shortages.
The Committee expressed disappointment over the near paralysis of the Commission’s working due to these reasons. The recruitment in the Commission was constrained because of a lack of applicants, as the eligibility criteria set was too high.
Recommendations for Improvement
The panel suggested immediately filling the vacancies – a measure made possible now since the recruitment rules have been revised to allow more candidates to apply. The panel also recommended reviewing the budgetary allocation for the Commission to ensure its functioning isn’t crippled due to lack of funds.
Scheduled Tribes in India
Scheduled Tribes, termed as “backward tribes” in the Census-1931, were assigned representatives in provincial assemblies for the first time under the Government of India Act of 1935. Post-independence, the convention has continued using the 1931 definitions, despite the Constitution not defining the criteria for recognition of Scheduled Tribes explicitly.
There are over 705 notified tribes, with Odisha having the most tribal communities. Legal provisions like the Protection of Civil Rights Act, 1955 against Untouchability, and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 protect their rights. Furthermore, initiatives like TRIFED, Digital Transformation of Tribal Schools, Development of PVTGs, Pradhan Mantri Van Dhan Yojana, among others, aim at their upliftment.
