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.