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NATIONAL COMMISSION FOR SCHEDULED TRIBES

NATIONAL COMMISSION FOR SCHEDULED TRIBES

Recently, the 23rd Foundation Day of the National Commission for Scheduled Tribes (NCST) was celebrated in New Delhi.

NATIONAL COMMISSION FOR SCHEDULED TRIBES

  • The National Commission for the Scheduled Tribes (NCST) is a constitutional body in India.
  • It has been established with a view to provide safeguards against the exploitation of the Scheduled Tribes as well as to protect their social, economic, educational, and cultural interests.
  • The Headquarters of NCST is in New Delhi.
  • Article 338-A of the Indian Constitution deals with the provisions related to the National Commission for Scheduled Tribes (NCST).

65th Constitutional Amendment Act of 1990

  • It amended Article 338 of the Indian Constitution and provided for the establishment of a high-level multi-member National Commission for SCs and STs.
  • This constitutional body replaced the Commissioner for SCs and STs.

89th Constitutional Amendment Act of 2003

  • It further amended Article 338 and inserted a new Article 338-A in the Constitution.
  • As a result of this amendment, the National Commission for SCs and STs was bifurcated into two separate bodies:
    • National Commission for Scheduled Castes (NCSC) – Article 338.
    • National Commission for Scheduled Tribes (NCST) – Article 338-A.

Establishment of National Commission for SCs

  • The separate National Commission for SCs was finally established in 2004.

COMPOSITION

  • It consists of a Chairperson, a Vice-Chairperson, and three other members.
  • They are appointed by the President by warrant under his hand and seal.
  • Their conditions of service and tenure of office are determined by the President.

Tenure of Members of NCST

As per the National Commission for Scheduled Tribes Chairperson, Vice Chairperson, and Members (Conditions of Service and Tenure) Rules of 2004:

  • The Chairperson, the Vice-Chairperson, and other Members of the National Commission for STs shall hold office for a term of three years from the date on which he/she assumes such office.
  • The Chairperson, the Vice-Chairperson, and other Members shall not be eligible for appointment for more than two terms.

FUNCTIONS

The major functions of the National Commission for STs include:

  • To investigate and monitor all matters relating to the constitutional and other legal safeguards for the Scheduled Tribes and to evaluate their working.
  • 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 or a State.
  • To present to the President, annually and at such other times as it may deem fit, reports upon the working of those safeguards.
  • To make recommendations as to the measures that should be taken by the Union or a 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, development, and advancement of the Scheduled Tribes as the President may specify.

POWERS OF NCST

  • The Commission is vested with the power to regulate its own procedure.
  • While investigating any matter or inquiring into any complaint, it has all the powers of a Civil Court, viz.
    • 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 document,
    • Receiving evidence on affidavits,
    • Requisitioning any public record from any court or office,
    • Issuing summons for the examination of witnesses and documents,
    • Any other matter which the President may determine.
  • The Central Government and the State Governments are required to consult the Commission on all major policy matters affecting the Scheduled Tribes.

 

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