National Commission for Scheduled Tribes (NCST)

The National Commission for Scheduled Tribes (NCST) is a constitutional body in India, tasked with ensuring the welfare and empowerment of Scheduled Tribes (STs). It acts as a guardian of fairness and inclusivity, aiming to uplift marginalized tribal communities. This article provides an in-depth overview of the NCST, including its history, composition, functions, powers, and other relevant details.

About the National Commission for Scheduled Tribes (NCST)

The NCST is a constitutional entity formed to protect Scheduled Tribes from exploitation and to safeguard their social, economic, educational, and cultural interests. Its headquarters is located in New Delhi.

Understanding Scheduled Tribes (STs)

• Definition: According to Article 366(25) of the Indian Constitution, “Scheduled Tribes” refers to tribes, tribal communities, or groups designated as such under Article 342 for the purpose of the Constitution.
  
• Article 342: The President, after consulting the respective Governor, can notify specific tribes as Scheduled Tribes for any State or Union Territory.
  
• Tribal Characteristics: These communities typically exhibit:
  
  • Primitive traits
    
  • Geographical isolation
    
  • Distinct cultures
    
  • A tendency to avoid contact with mainstream society
    
  • Socioeconomic and educational backwardness
    
• Demographics: According to the 2011 Census, Scheduled Tribes make up 8.6% of India’s population, with over 700 tribes spread across different states, particularly in forested and hilly regions. The largest concentrations are in Madhya Pradesh and Odisha, with no STs in Haryana, Punjab, Chandigarh, Delhi, and Puducherry.
  

Constitutional Provisions Regarding NCST

The NCST is governed by Article 338-A of the Indian Constitution.

Evolution of NCST

• Special Officer for SCs and STs: Initially, Article 338 provided for a Special Officer to oversee Scheduled Castes (SCs) and STs. This officer was called the Commissioner for SCs and STs, tasked with investigating constitutional safeguards and reporting to the President.
  
• 65th Constitutional Amendment Act (1990): This amendment led to the establishment of a multi-member National Commission for SCs and STs, replacing the Commissioner.
  
• 89th Constitutional Amendment Act (2003): This split the combined Commission into two separate bodies:
  
  • National Commission for Scheduled Castes (NCSC) under Article 338.
    
  • National Commission for Scheduled Tribes (NCST) under Article 338-A, which came into effect in 2004.
    
• Ministry of Tribal Affairs: In 1999, the Ministry of Tribal Affairs was created to focus specifically on the development of Scheduled Tribes.
  

Composition of the NCST

The NCST consists of:

• A Chairperson
  
• A Vice-Chairperson
  
• Three additional members
  These positions are appointed by the President, who also determines the conditions of service and tenure.
  

Tenure of NCST Members

Members of the NCST, including the Chairperson and Vice-Chairperson, serve for a term of three years and are not eligible for reappointment beyond two terms.

Functions of the NCST

Key responsibilities of the NCST include:

• Monitoring the implementation of constitutional and legal safeguards for STs.
  
• Investigating complaints related to the violation of STs’ rights.
  
• Advising on the socio-economic development plans for STs and assessing their progress.
  
• Reporting to the President on the effectiveness of these safeguards.
  
• Recommending measures for better implementation of safeguards and advancing the welfare of STs.
  
• Carrying out any other functions as directed by the President concerning the development and protection of STs.
  

In 2005, additional functions were specified, including:

• Conferring ownership rights for forest produce to STs in forest areas.
  
• Protecting tribal rights over minerals, water, and land.
  
• Ensuring rehabilitation of displaced tribal communities.
  
• Preventing alienation of tribal land and facilitating rehabilitation where alienation has already occurred.
  
• Improving livelihood strategies for tribal communities.
  
• Ensuring effective implementation of the Panchayats (Extension to Scheduled Areas) Act of 1996.
  
• Reducing shifting cultivation practices harmful to the environment.
  

Powers of the NCST

The NCST has the authority to:

• Regulate its own procedures.
  
• Exercise the powers of a civil court, such as:
  
  • Summoning and examining witnesses.
    
  • Requiring the production of documents.
    
  • Receiving evidence through affidavits.
    
  • Requisitioning public records from courts and offices.
    

The central and state governments are obligated to consult the NCST on significant policy matters affecting STs.

Reports of the NCST

The NCST submits its reports to the President, who forwards them to Parliament along with an action report on the recommendations. If any recommendations are not accepted, the President must provide reasons. Reports related to state governments are forwarded to the respective state governors, who present them to the state legislature.

Constitutional Provisions for the Welfare of Scheduled Tribes

• Article 244(1): Provisions of the Fifth Schedule apply to the administration of Scheduled Areas in most states except Assam, Meghalaya, Tripura, and Mizoram.
  
• Article 244(2): Provisions of the Sixth Schedule apply to tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
  
• Article 275(1): Guarantees grants-in-aid for the welfare of Scheduled Tribes from the Consolidated Fund of India.
  
• Articles 330 and 332: Ensure reservation of seats for STs in the Lok Sabha and State Legislative Assemblies.
  

Statutory Provisions for the Welfare of Scheduled Tribes

• Protection of Civil Rights Act (1955): Aims to eliminate untouchability and caste-based discrimination.
  
• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (1989): Protects SCs and STs from atrocities and discrimination.
  
• Panchayats (Extension to Scheduled Areas) Act (1996): Extends Panchayat institutions to Scheduled Areas.
  
• Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (2006): Recognizes the rights of STs and other forest dwellers over forest land and resources.
  

Conclusion

The National Commission for Scheduled Tribes (NCST) plays a pivotal role in advocating for the rights and development of STs in India. By safeguarding their constitutional rights, promoting inclusive policies, and ensuring accountability, the NCST contributes to creating a more equitable and inclusive society. The Commission’s ongoing work remains crucial to advancing the welfare of Scheduled Tribes and supporting India’s broader goals of social justice and inclusive growth.