National Commission for Scheduled Tribes – Indian Polity Notes
Tribals have also face brunt of discrimination. Living alienated from main society, has hampered equitable participation of the Tribals. Being different from Scheduled Castes, culturally and geographically, need was felt to provide for affirmative action.
Need was felt to adopt different approach for tribal population, that’s why Ministry of Tribal Affairs was established in 1999, to look after rich and diverse tribal communities of India. National Commission for Scheduled Tribes has key role to play in this.
Historical Background:
In India people belonging to lower strata of society have faced caste based of discrimination for generations or time immemorial. The constituent assembly wanted to abolish this dehumanising practice. The Assembly unanimously decided to make certain provisions in the constitution itself which will protect these communities from further discrimination. They while abolishing the practice of untouchability also provided with affirmative action for them. Establishment of National Commission for Scheduled Castes & Scheduled Tribes was one such step.
Established by 69th Constitutional Amendment Act 1990, National Commission for SC/ST functioned commonly but in 2004, 89th constitutional act was enacted which provided for insertion of Article 338A, creating separate National Commission for Scheduled Tribes, a constitutional body.
Who are Scheduled Tribes:
Article 342 defines Scheduled Tribes as, “The President may with respect to State or Union Territory after consultation with Governor thereof, with public notification, specify tribes or tribal community or part of groups within tribal community which shall for the purpose of this constitution be deemed as Scheduled Tribes”.
Constitution empowers the Parliament to include or exclude any caste form list of scheduled castes.
In summary, those tribes which are specified by the President in the list are considered as scheduled tribes.
Composition:
Commission consists of Chairperson, Vice Chairperson and three other members.
They are appointed by the President and have tenure of 3 years.
Members are not eligible reappointment beyond 2 terms.
Functions:
Under Clause (5)of Art. 338A:
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:-
- Measures that need to be taken over conferring ownership rights in respect of minor forest produce to the Scheduled Tribes living in forest areas.
- Measures to be taken to safeguard rights to the Tribal Communities over mineral resources, water resources etc. as per law.
- Measures to be taken for the development of tribals and to work for move 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 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 (40 of 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.
Powers:
While investigating the matters referred to in sub-clause (a) of Article 338A to inquire into any complaint referred to in sub-clause (b) of clause 5, the Commission have 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 documents
- Receiving evidence on affidavits;
- Requisitioning any public record or copy thereof from any court or office;
- Any other matter which the President may determine.
Reports:
The commission submits the Annual Report to the President. The commission can submit a report as when it seems fit. The President lays down the reports in both houses of parliament. In addition of reports memorandum explaining actions taken based on recommendations of commission is submitted.
Being an constitutional body, it also performs quasi-judicial functions. It’s recommendations cannot be denied by the Government unless there exists a substantial reasons.
Issues:
- Even in clear cut cases of discrimination, officials do not follow recommendations of NCST. As the recommendations of NCST are not enforceable but doing so denies the justice to victims of caste based discrimination.
- Despite of being a constitutional body, NCST doesn’t have independence in budgetary matter, it has to depend upon Union Ministry of Social Justice.
- Irregularities in submission of report. Annual reports gets delayed by two or three years. Last report was published for 2017-18.
- Government Departments/PSUs file writ petition against recommendations of NCST and high officials of such department doesn’t attend inquiries of commission even when warranted.
Measure to Empower:
- Strengthening legal and judicial protection of SCs under SC/ST Prevention of Atrocities Act.
- Imposing monetary penalty on authorities violating recommendations of NCST.
- Independence of NCST- Functioning & Budget: On lines of other constitutional bodies like Election Commission, UPSC etc. NCST shall be empowered to draw money from Consolidated Fund of India independently of any union ministry.
- NCST shall be allowed to hire it’s own counsel.
- Increase in staff strength
- Opening new offices
Reference:
- https://ncst.nic.in/
- https://legislative.gov.in/constitution-of-india [Constitution provisions are taken form recent edition of constitution after amendments from Law Ministry].
- https://ncst.nic.in/content/ncst-reports
To complete UPSC Polity Notes, Click Here
Join our Official Telegram Channel HERE
Subscribe to our YouTube Channel HERE
Follow our Instagram ID HERE
