NATIONAL COMMISSION FOR SCHEDULED TRIBES – POLITY

News: NCST functioning with less than 50% of sanctioned strength: Ministry in LS

 

What's in the news?

       Data presented by the Ministry of Tribal Affairs (MoTA) in Lok Sabha revealed that the National Commission for Scheduled Tribes (NCST) is currently functioning with less than 50% of its sanctioned strength.

 

Key takeaways:

       According to data from the Commission, rules provide for the ST panel to have one Chairperson, one Vice-Chairperson, and three Members (two among V-C and Members must be from ST community).

       Currently, it just has a Chairperson (Harsh Chouhan) and one Member (Ananta Nayak) with all other positions, including that of the mandatory ST Member, vacant for the last three years.

 

National Commission for Scheduled Tribes:

       The National Commission for Scheduled Tribes is a constitutional body that was established by the Constitution (89th Amendment) Act, 2003.

       The Commission is an authority working for the economic development of Scheduled Tribes in India.

 

Constitutional Provisions:

       Amendment of Article 338 inserted a new Article 338A in the Constitution, resulting in the establishment of the National Commission for Scheduled Tribes (NCST) through the Constitution (89th Amendment) Act, 2003.

       Through this amendment, the earlier known National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely:

       The National Commission for Scheduled Castes (NCSC), and

       The National Commission for Scheduled Tribes (NCST).

 

Composition of NCST:

       The NCST shall consist of a Chairperson, Vice-Chairperson, and three other Members.

       The conditions of service and tenure of office of the Chairperson, Vice-Chairperson, and other members so appointed shall be such as the President may by rule determine.

 

Appointment:

       The Chairperson, Vice-Chairperson, and other Members of the Commission are appointed by the President by warrant under his hand and seal.

 

Term of Office:

       The term of office of the Chairperson, Vice-Chairperson, and each member is three years from the date of assumption of charge of the office.

       The Chairperson, Vice-Chairperson, and other Members are not eligible for appointment for more than two terms.

       The Chairperson has been given the rank of Union Cabinet Minister, the Vice-Chairperson is equal to the rank of a Minister of State and others have the rank of a Secretary to the Government of India.

 

Qualifications:

       The Chairperson, the Vice-Chairperson, and the Members shall be appointed from persons of ability, and integrity and have had a record of selfless service towards the Scheduled Tribes.

       Subjects of the provision related to the persons of NCSTs:

       The Chairperson shall be belonging to the Scheduled Tribes.

       The Vice-Chairperson shall be belonging to the Scheduled Tribes.

       At least two of the other members shall be belonging to Scheduled Tribes.

       At least one other member of NCST shall be appointed from amongst women.

       Resignation and Removal.

       The Chairperson, Vice-Chairperson, and other Members must address their resignation to the President in writing under his hand.

 

Removal of the Chairperson of NCSTs:

       The Chairperson shall be removed from the office by the order of the President.

       The removal can be done only on the ground of proved misbehaviour or incapacity.

 

Functions of the NCST:

It shall be the duty of the Commission:

       To examine and keep track of all issues relevant to the safeguards provided to the Scheduled Tribes under the Constitution.

       To look into particular complaints regarding the Scheduled tribe's deprivation of protections and rights.

       To assess the status of the Scheduled tribe's socio economic development under the Union and any State, and to participate in and provide advice on the planning process.

       To submit a report to the President every year and at other times as the Commission may deem appropriate, regarding the implementation of safeguards and other measures necessary for the successful implementation of programs and schemes dealing with the welfare and socio-economic development of STs.

       To carry out whatever further duties the President may see necessary for the protection, welfare, development and progress of the Scheduled tribes, subject to the provisions of any law made by Parliament by rule specified.