National Commission of Scheduled Tribes as per Article 338 and Article 338A
The National Commission of Scheduled Tribes (NCST) is the result of the 89th Constitution Amendment Act of 2003. This commission was introduced for the welfare of the on 19th February 2003. The amendment of Article 338 in 2003 resulted in the formation of this commission. During this amendment the commission was segregated for scheduled castes as well as scheduled tribes. This amendment added Article 338A which deals with National Commission for Scheduled Tribes.
What is the National Commission for ST?
India is well-known for its diversity. There are many tribes and castes or sects that suffer from extreme backwardness in the aspect of social and economic spheres. This lack can be witnessed in the infrastructural facilities, agricultural practices, and geographical isolation.
Articles 341(1) and 342(1) determine these groups of people, tribes, castes, etc as the backward classes that need proper supervision from the authoritative bodies. As per Article 338 of the Indian Constitution, a Commissioner or a Special Officer was appointed to look after the matters and provide recommendations to the Central Government after proper investigation.
Several changes and developments were seen back in the days based on the welfare of SCs and STs. With 89th Constitutional Amendment Act, 2003, two different constitutional bodies were established. A commission was then set up and became effective in 2004 following the amendment. These two commissions were:
The National Commission for Schedules Castes (NCSC)
The National Commission for Scheduled Tribes (NCST)
The National Commission of Scheduled Caste (NCSC) will take care of the welfare and growth of the scheduled castes in India whereas the (NCST) latter will look after the matter of development of the scheduled tribes.
Composition of NCST
As per the 89th Constitutional Amendment 2003, the commission will be headed by a chairperson, a vice-chairperson, and other three members who will work under the head full time.
The tenure of these members is of 3 years. In the next cycle, a new set of members will be chosen for the posts of these commissions.
The first National Scheduled Tribe Commission chairman was Kunwar Singh in 2004. His tenure ended in 2007 and was succeeded by Urmila Singh.
Functions of NCST
The functions of the National Scheduled Tribe Commission are:
Investigation and monitoring of all the matters related to safeguarding STs as per the Constitution of India.
Evaluation of the functions and working of the members appointed in different regions.
Do inquiry based on specific complaints regarding deprivation of birthrights and safeguard the best interest of the STs.
Advise and plan socio-economic development of the STs and do an evaluation of the progress under the supervision of the state and union governments.
Recommendations and reports should be presented to the President of India regarding the implementation of plans and their progress.
Proper measurement of the progress and develop recommendations to report to the President directly for the socio-economic welfare and safeguarding of the STs.
To make necessary changes based on the amendments and laws passed in the Parliamentary sessions under the supervision of the President of India.
Taking measures regarding conferring pieces of forests as homelands for STs.
Safeguarding the rights of tribal communities regarding water resources, mineral resources, etc.
Formulating viable and more efficient livelihood strategies for STs.
Rehabilitation and relief of tribal communities when displaced by projects initiated by the central and state governments.
Rehabilitation of the alienated tribes.
Providing maximum cooperation to the tribal communities regarding forest protection and afforestation measures.
Supervising the elimination of shifting cultivation done by tribal communities and empower them and also stop degradation of land.
All these functions come under Clause 5 of Article 338A. The elected members of the Commission will be obligated to follow the functions and responsibilities as described in the Amendment and Articles of the Constitution of India. Under this act, the government looks after and safeguards the educational, cultural, social, economic, and political aspects of the tribal communities.
The formation of the National Commission for Scheduled Tribes shows how the Central Government makes necessary laws to protect the interests of the backward classes. It also signifies the realization of the overall growth of a country depends on the welfare of all.
Conclusion
Thus, in this article we have learnt about the National Commission for Scheduled Tribes. Originally in the Indian Constitution, there was a provision of having a Special Officer for Scheduled Tribes under Article 338 and then later through amendment special constitutional body was established which was known as National Commission for Scheduled Tribes. Hence, it is now a constitutional body and tools after matters related to the scheduled tribes of the country.
FAQs on National Commission of Scheduled Tribes (NCST)
1. What is the National Commission for Scheduled Tribes (NCST)?
The National Commission for Scheduled Tribes (NCST) is a constitutional body in India established to safeguard and promote the social, educational, economic, and cultural interests of the Scheduled Tribes (STs). It was set up under Article 338A of the Constitution and plays a crucial role in monitoring all matters related to the welfare and development of tribal communities.
2. How and when was the NCST established?
The NCST was established through the 89th Constitutional Amendment Act, 2003, which inserted a new Article 338A into the Constitution. It officially came into existence on February 19, 2004. Prior to this, there was a single National Commission for Scheduled Castes and Scheduled Tribes, which was bifurcated to create two separate commissions to address the distinct issues of each community more effectively.
3. What are the main functions and role of the NCST?
The primary role of the NCST is to act as a watchdog for the rights of Scheduled Tribes. Its key functions include:
- Investigating and monitoring all matters relating to the safeguards provided for the STs under the Constitution or any other law.
- Inquiring into specific complaints with respect to the deprivation of rights and safeguards of the STs.
- Participating in and advising on the socio-economic planning process for the development of STs.
- Presenting an annual report to the President of India on the working of those safeguards.
- Recommending measures to be taken by the Union or any state for the effective implementation of safeguards and for the protection, welfare, and development of STs.
4. What is the composition of the National Commission for Scheduled Tribes?
The NCST is composed of a Chairperson, a Vice-Chairperson, and three other Members. They are appointed by the President of India by warrant under his hand and seal. The conditions of service and tenure of office of the members are also determined by the President.
5. What is the importance of Article 338A of the Indian Constitution?
Article 338A is of immense importance as it provides the constitutional status and mandate to the NCST. It not only establishes the Commission but also details its structure, duties, and powers. This ensures that the NCST is an independent and powerful body that can effectively function to protect the rights of Scheduled Tribes without undue executive interference.
6. Why was it necessary to create a separate commission for Scheduled Tribes?
A separate commission was deemed necessary because the issues faced by Scheduled Tribes are often fundamentally different from those of Scheduled Castes. The challenges for STs are frequently linked to geographical isolation, distinct cultural identities, forest rights, land alienation, and displacement due to development projects. The erstwhile combined commission could not give focused attention to these unique problems. Creating the NCST allowed for specialised expertise and a dedicated focus on the specific needs and protection of tribal communities.
7. What powers does the NCST have while investigating a matter or complaint?
While investigating any matter or inquiring into any complaint, the NCST is vested with all the powers of a civil court. These powers include:
- Summoning and enforcing the attendance of any person from any part of India and examining them on oath.
- Requiring the discovery and production of any document.
- Receiving evidence on affidavits.
- Requisitioning any public record or copy thereof from any court or office.
- Issuing summons for the examination of witnesses and documents.
8. How is the NCST different from the National Commission for Scheduled Castes (NCSC)?
The primary difference lies in their constitutional mandate and focus groups. The NCST (Article 338A) exclusively deals with the welfare and development of Scheduled Tribes. In contrast, the NCSC (Article 338) focuses on the safeguards for Scheduled Castes. While both originated from a single body, their separation ensures that the distinct social, cultural, and economic issues of each community receive specialised and undivided attention.
9. How does the NCST influence policy-making for the development of Scheduled Tribes?
The NCST influences policy-making primarily through its advisory and reporting functions. The Union and every State Government are required to consult the Commission on all major policy matters affecting Scheduled Tribes. The Commission evaluates the progress of development plans and includes its findings and recommendations in its annual report to the President. This report, when tabled in Parliament, creates accountability and puts pressure on the government to act on the Commission's recommendations for effective implementation of schemes and protection of tribal rights.
