According to recent findings, the National Commission for Scheduled Tribes (NCST), a body established by the Ministry of Tribal Affairs, is operating at less than 50% of its sanctioned strength. This concerning statistic reveals the necessary action that must be taken to restore this commission to its full potential.
The NCST: Formation and Objective
The NCST was formed in 2004 after amendments were made to Article 338 of the Constitution through the 89th Constitution Amendment Act, 2003. This led to the establishment of two separate commissions: the National Commission for Scheduled Castes (NCSC) and the NCST. The primary goal of the NCST is to oversee the execution of various safeguards put forth for Scheduled Tribes (STs). Additionally, it evaluates the functioning of these safeguards.
The commission’s composition includes a Chairperson, Vice-Chairperson, and three other members appointed by the President. The Chairperson holds the office for a term of three years, equating to the rank of a Union Cabinet Minister, while the Vice Chairperson holds a Minister of State’s position.
National Commission for Scheduled Tribes: Duties and Functions
The NCST has several responsibilities, including investigating and overseeing matters relating to the safeguarding of STs under the Constitution or any other law. They address specific complaints concerning the deprivation of rights and safeguards of the STs. One of their key roles is advising on the socio-economic development of the STs and evaluating their progress.
Scheduled Tribes Provisions in India
The Constitution of India does not define the criteria for ST recognition. Based on the Census-1931, STs are categorized as “backward tribes” living in “Excluded” and “Partially Excluded” areas. Noteworthy constitutional provisions pertaining to STs include Article 366(25), Article 342(1), the Fifth Schedule, and the Sixth Schedule.
Statutory Provisions for Scheduled Tribes
The Protection of Civil Rights Act, 1955 counters untouchability. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, along with provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 support ST rights. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is another notable act supporting STs’ rights.
Urgent Need for Staffing
The vacancies within the NCST should be immediately filled. There are no reasons for further delay since the recruitment rules have been appropriately revised. The lack of manpower is leading to difficulties in carrying out functions, emphasizing the importance of filling the vacancies immediately for the commission’s effective performance.
UPSC Civil Services Examination Previous Year Question
In the last sections, we provide previous year questions from the UPSC Civil Services Examination related to this topic. These include the definition and function of the NCST, provisions related to STs in India, and statutory provisions for STs. The questions cover issues like ecologically important campaigns/festivals held by certain communities/tribes, the role of Fifth and Sixth Schedules in the Constitution of India, the transfer of tribal land to private parties for mining, and the consequences of an area being brought under the Fifth Schedule of the Constitution of India.