National Commission for STs

Topics Discussed: -

·       Introduction

·       Evolution of the Commission

·       Composition of the Commission

·       Functions of the Commission

·       Introduction

Ø The Constitution of India does not give any definition for Scheduled Tribes.

Ø According to Article 366(25) of the Constitution, Scheduled Tribes are those communities that are scheduled in accordance with Article 342 of the Constitution.

Ø Also, Article 342 of the Constitution says that: The Scheduled Tribes are the tribes or tribal communities or part of or groups within these tribes and tribal communities which have been declared as such by the President through a public notification.

·       Evolution of the Commission

Ø The National Commission for Scheduled Tribes is a constitutional body that was established by the Constitution (89th Amendment) Act, 2003.

Ø Earlier, there was only one commission, which was for both the scheduled tribes and scheduled castes. In 2004, after the 89th Constitutional Amendment Act, the NCST was established by bifurcating the National Commission for Scheduled Castes and Scheduled Tribes into the NCST and the National Commission for Scheduled Castes.

Ø This amendment replaced the National Commission for Scheduled Castes and Scheduled Tribes with two distinct commissions which are:

ü National Commission for Scheduled Castes (NCSC)

ü National Commission for Scheduled Tribes (NCST)

·       Composition of the Commission

o   The NCST consists of one chairperson, one vice-chairperson and three full-time members.

o   Out of the three members, there should compulsorily be one lady member. All the members of the Commission have a tenure of 3 years.

·       Functions of the Commission

1.    To investigate & Monitor matters relating to Safeguards provided for STs under the Constitution or under other laws or under Govt. Order, to evaluate the working of such Safeguards.

2.    To inquire into specific complaints relating to Rights & Safeguards of STs;

3.    To participate and advise in the Planning Process relating to Socio-economic development of STs, and to evaluate the progress of their development under the Union and any State;

4.    To submit report to the President annually and at such other times as the Commission may deem fit, upon working of Safeguards, Measures required for effective implementation of Programmers/ Schemes relating to Welfare and Socio-economic development of STs;

5.    To discharge such other functions in relation to STs as the President may, subject to the provisions of any law made by Parliament, by rule specify;

6.    The Commission would also discharge the following other functions in relation to the protection, welfare and development & advancement of the Scheduled Tribes, namely: -

Ø Measures that need to be taken over conferring ownership rights in respect of minor forest produce to the Scheduled Tribes living in forest areas.

Ø Measures to be taken to safeguard rights to the Tribal Communities over mineral resources, water resources etc. as per law.

Ø Measures to be taken for the development of tribals and to work for move viable livelihood strategies.

Ø Measures to be taken to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects.

Ø Measures to be taken to prevent alienation of tribal people from land and to effectively rehabilitate such people in whose case alienation has already taken place.

Ø Measures to be taken to elicit maximum cooperation and involvement of Tribal Communities for protecting forests and undertaking social afforestation.

Ø Measures to be taken to ensure full implementation of the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996).

Ø Measures to be taken to reduce and ultimately eliminate the practice of shifting cultivation by Tribal that lead to their continuous disempowerment and degradation of land and the environment