National Commission for Schedule Tribes (NCST)

The National Commission for Schedule Tribes was established in 2004 by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. This amendment separated the erstwhile National Commission for Schedule Caste and Schedule Tribes into two separate commissions.

Composition

• The term of office of Chairperson, Vice-Chairperson and 3 full time members (one lady), each member having three years term. The Chairperson has been given the rank of Union Cabinet Minister and the Vice-Chairperson that of a Minister of State and other Members have the ranks of a Secretary to the Government of India.

Function and Duties

• To investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards.
• To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes.
• To participate and advise on the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State.
• To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards.
• To make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes.
• To discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule, specify.
• The commission has the power of a civil court and can summon, receive evidence, etc.

Issues with working of NCST

• There’s an elite bias in its functioning as it acts on complaints. Only upwardly mobile sections in STs can approach/lodge complaint, inaccessible to rest due to lack of awareness.
• The most significant handicap of the Commission is the fact that its decisions are not binding, but recommendatory.
• Reports submitted by commission are often delayed by President in presenting it to the parliament.Even when Reports are tabled in Parliament, they are frequently not discussed.

Suggestions

• An amendment is required either in Article 338 itself, or in the rules by which the President may fix a period for the discussion of the Report in Parliament.
• A more institutionalized mechanism for the appointment of Chairman is to be ensured.
• The Commission needs to be sensitive to the exclusions that the lack of education and information may engender, and should ideally use its suo-motu powers more actively.