In the mosaic of India’s diverse cultural landscape, the Scheduled Tribes (STs) occupy a unique position, bearing the legacy of rich indigenous traditions and customs. However, they also face multifaceted challenges stemming from historical marginalization, socio-economic disparities, and inadequate access to basic amenities. To address the specific needs and concerns of Scheduled Tribes, the National Commission for Scheduled Tribes (NCST) emerges as a pivotal institution, tasked with safeguarding their rights, promoting their welfare, and ensuring their inclusive development.
In 2004, the National Commission for Scheduled Tribes (NCST) was established as a constitutional body by amending Article 338 and adding a new Article 338A to the Constitution through the 89th Constitution Amendment Act, 2003. This replaced the previous single commission for both Scheduled Castes and Scheduled Tribes with two separate commissions: the National Commission for Scheduled Castes (NCSC) and the NCST.
Evolution
- Establishment of Special Officer: Initially, Article 338 of the Constitution provided for the appointment of a Special Officer for both Scheduled Castes (SCs) and Scheduled Tribes (STs).
- Role of Special Officer: The Special Officer, also known as the Commissioner for SCs and STs, was tasked with investigating matters related to constitutional safeguards for SCs and STs and reporting to the President.
- 65th Constitutional Amendment Act: This amendment, enacted in 1990, modified Article 338 and introduced the creation of a high-level multi-member National Commission for SCs and STs, replacing the role of the Commissioner.
- 89th Constitutional Amendment Act: Implemented in 2003, this amendment further altered Article 338 and added a new Article 338-A to establish two separate bodies:
- National Commission for Scheduled Castes (NCSC) under Article 338.
- National Commission for Scheduled Tribes (NCST) under Article 338-A.
Objective
Article 338A grants powers to the National Commission for Scheduled Tribes (NCST) to ensure that the protections and benefits provided to Scheduled Tribes (STs) under the Constitution, laws, or government orders are properly implemented and working effectively.
Composition
- Composition: The National Commission for Scheduled Castes (NCSC) comprises a Chairperson, a Vice-Chairperson, and 3 other Members, all appointed by the President through official documentation.
- Gender Representation: At least one Member must be a woman to ensure diversity.
- Term Length: The Chairperson, Vice-Chairperson, and other Members serve a fixed term of 3 years in office.
- Rank and Status: The Chairperson holds the rank of a Union Cabinet Minister, the Vice-Chairperson holds the rank of a Minister of State, and the other Members hold the rank of Secretary to the Government of India.
- Term Limits: Members cannot be appointed for more than two terms to maintain rotation and prevent long-term monopolization of positions.
Functions of NCST
- Investigate and Monitor: The Commission looks into all matters concerning the protection and rights of Scheduled Tribes (STs) as outlined in the Constitution, laws, or government orders.
- Address Complaints: It also handles specific complaints regarding any violations of rights or safeguards for STs.
- Advise on Development: The Commission participates in and offers advice for the socio-economic development planning of STs, evaluating their progress.
- Report to President: It submits annual reports to the President about the functioning of safeguards for STs and can provide additional reports when needed.
- Make Recommendations: Based on its findings, the Commission suggests measures to the Union and State governments for the effective implementation of ST safeguards.
- Additional Functions: The President, following laws passed by Parliament, may assign the Commission other duties related to the protection, welfare, development, and advancement of STs.
Powers of NCST
- Self-Regulation: The Commission can set its own rules and procedures for carrying out its duties.
- Investigation Powers: When looking into any issue or complaint, it has the authority similar to a Civil Court, including:
- Summoning people from anywhere in India to testify under oath.
- Demanding the production of documents.
- Accepting evidence in the form of written affidavits.
- Requesting public records from courts or offices.
- Issuing summons to call witnesses and documents.
- Any other tasks specified by the President.
- Consultation Requirement: Both the Central and State Governments must seek the Commission’s input on significant policy matters affecting Scheduled Tribes.
As India strives for inclusivity and social justice, the National Commission for Scheduled Tribes (NCST) holds significant importance. Through its efforts to protect rights, drive development, and push for policy reforms, the commission empowers Scheduled Tribes (STs) and contributes to a fairer society. As the nation progresses towards inclusive growth, the NCST continues to stand as a vital institution in promoting equity and ensuring the well-being of ST communities.
Also read about National Commission for Scheduled Caste.