National Commission for Scheduled Tribes

• Formation: National Commission for Scheduled Tribes (NCST) was set up in 2004 by amending Article 338 and by inserting a new article 338A in the Constitution through the 89^th Constitution Amendment Act, 2003. Hence, it is a constitutional body.
• By this 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), and
• the NCST

Objective: Article 338A inter-alia gives powers to the NCST to oversee the implementation of various safeguards provided to Scheduled Tribes (STs) under the Constitution or under any other law for time being in force or under any other order to the Government and to evaluate the working of such safeguards.

Composition: It consists of a Chairperson, a Vice-Chairperson and 3 other Members who are appointed by the President by warrant under his hand and seal.

• At least one member should be a woman.
• The Chairperson, the Vice-Chairperson and the other Members hold office for a term of 3 years.
• The Chairperson has been given the rank of Union Cabinet Minister, the Vice Chairperson has the rank of a Minister of State and other Members have the rank of Secretary to the Government of India.
• The members are not eligible for appointments for more than two terms.

What are the Duties and Functions of the NCST?

• To investigate and monitor all matters relating to the safeguards provided for the STs under the Constitution or under any other law for the time being in force or under any order of the Government.
• To inquire into specific complaints with respect to the deprivation of rights and safeguards of the STs.
• To participate and advise in the planning process of the socio-economic development of the STs and to evaluate the progress of their development.
• The Commission shall provide reports on the operation of those safeguards to the President annually and as necessary.
• To make in such reports recommendations as to the measures that should be taken by the Union or any State for effective implementation of those safeguards.
• The President, subject to the provisions of any law made by Parliament, may, by rule, discharge any other functions relating to the protection, welfare, development, and advancement of the STs.

What are the Provisions Related to STs in India?

Definition:

• The Constitution of India does not define the criteria for recognition of STs. As per Census-1931, STs are termed as “backward tribes” living in the “Excluded” and “Partially Excluded” areas.
• The Government of India Act of 1935 called for the first time for representatives of “backward tribes” in provincial assemblies.

Constitutional Provisions:

Article 366(25): It only provides a process to define STs:

• “STs means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution.”
• Article 342(1): The President with respect to any State/UT (after consultation with the Governor in case of state) may specify the tribes/tribal communities/part of or groups within tribes/ tribal communities as a Scheduled Tribe in that State/UT.
• Fifth Schedule: It lays out provisions for the Administration and Control of Scheduled Areas and STs in states other than 6th Schedule States.
• Sixth Schedule: Deals with the administration of the tribal areas in Assam, Meghalaya, Tripura and Mizoram.

Statutory Provisions:

• Protection of Civil Rights Act, 1955 against Untouchability.
• Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
• Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996.
• Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.