National Commission for Scheduled Tribes (NCST)

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In News:

• The Union Ministry of Tribal Affairs (MoTA) presented a report in the Lok Sabha that disclosed that currently, the National Commission for Scheduled Tribes (NCST) is functioning with less than 50% of its approved strength.

Key findings of the report:

• The report highlighted that the National Commission for Scheduled Tribes (NCST) rules provide for the ST panel to have one Chairperson, one Vice-Chairperson, and 3 Members (2 among VC and Members must be from the ST community), but currently the commission is functioning with just a Chairperson and one Member, with all other positions, are vacant for the last 3 years.
• As on 31st January 2023;
  • The total sanctioned posts for the commission are 124, but only 54 posts are filled and 70 are still vacant.
  • Group A posts in the NCST are filled by the Ministry of Tribal Affairs, and Groups B and C posts are the NCST’s responsibility.
• The commission has sanctioned one Superintendent of Police, one Law Officer and one Accounts Officer (all Group A posts), but no appointments are made to the post since 2004, and also the recruitment rules for them have not been framed yet.
• Several key positions like Research Officers, Investigators and Directors are vacant.
• Many positions in the Commission Secretariat are also vacant.
• The vacancy affected the functioning and effectiveness of the Commission.

Government Response:

• In the Parliament, the Government responded by making a statement that “the Ministry of Tribal Affairs and National Commission for Scheduled Tribes are in the process of filling vacant positions on a priority basis.”

National Commission for Scheduled Tribes (NCST):

• The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Indian Constitution through the 89th Constitution Amendment Act, of 2003.
• By the 89th amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely;
  • The National Commission for Scheduled Castes (NCSC).
  • The National Commission for Scheduled Tribes (NCST).
• The separate National Commission for STs came into existence in 2004.
  • It consists of a chairperson, a vice-chairperson and three other members.
  • They are appointed by the President by warrant under his hand and seal.
  • Their conditions of service and tenure of office are also determined by the President
• The term of office of the Chairperson, Vice-Chairperson and each member is 3 years from the date of assumption of charge.
  • The Chairperson has been given the rank of Union Cabinet Minister, the Vice-Chairperson that of a Minister of State and other Members have the rank of Secretary to the Government of India.

The functions of the Commission are:

• To investigate and monitor all matters relating to the constitutional and other legal safeguards for the STs and to evaluate their work.
• To inquire into specific complaints concerning the deprivation of rights and safeguards of the STs.
• To participate and advise on the planning process of socio-economic development of the STs and to evaluate the progress of their development under the Union or a state.
• To recommend measures that should be taken by the Union or a state for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the
• To discharge such other functions concerning the protection, welfare and development and advancement of the STs as the President may specify.
• The President specified that the Commission would also discharge the following other functions concerning the protection, welfare and development & advancement of the Scheduled Tribes, namely:-
  • Measures to be taken over conferring ownership rights in respect of minor forest produce to STs Living in forest areas.
  • Measures to be taken to safeguard the rights of the tribal communities over mineral resources, water resources etc., as per law.
  • Measures are to be taken for the development of tribals and to work for more viable livelihood strategies.
  • Measures to be taken to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects.
  • Measures to be taken to prevent the alienation of tribal people from land and to effectively rehabilitate such people in whose case alienation has already taken place.
  • Measures to be taken to elicit maximum cooperation and involvement of tribal communities for protecting forests and undertaking social afforestation.
  • Measures to be taken to ensure full implementation of the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996.
  • Measures to be taken to reduce and ultimately eliminate the practice of shifting cultivation by tribals that lead to their continuous disempowerment and degradation of land and the environment
• The Commission presents an annual report to the President. The President places all such reports before the Parliament, along with a memorandum explaining the action taken on the recommendations made by the Commission.
  • The memorandum should also contain the reasons for the non-acceptance of any of such recommendations.
  • The President also forwards any report of the Commission about a state government to the state governor.
    • The governor places it before the state legislature, along with a memorandum explaining the action taken on the recommendations of the Commission.
    • The memorandum should also contain the reasons for the non-acceptance of any of such recommendations.

Powers of the Commission:

• The Commission is vested with the power to regulate its procedure.
• The Commission, while investigating any matter or inquiring into any complaint, has all the powers of a civil court trying a suit and in particular in respect of the following matters:
  • Summoning and enforcing the attendance of any person from any part of India and examining him on oath.
  • Requiring the discovery and production of any document.
  • Receiving evidence on affidavits.
  • Requisitioning any public record from any court or office.
  • Issuing summons for the examination of witnesses and documents.
  • Any other matter which the President may determine.
• The Central government and the state governments are required to consult the Commission on all major policy matters affecting the STs.

https://www.thehindu.com/news/national/ncst-functioning-with-less-than-50-of-sanctioned-strength-ministry-in-ls/article66478216.ece