National Commission for Scheduled Tribes (NCST) at a Glance
The National Commission for Scheduled Tribes (NCST) is a constitutional body in India established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. Prior to this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions: The National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST), effective from 19 February 2004.
Background and Establishment
The National Commission for Scheduled Tribes (NCST) is a constitutional body established under Article 338-A of the Indian Constitution. It plays a pivotal role in safeguarding the rights, welfare, and development of Scheduled Tribes (STs) across India.
Composition:
- The NCST consists of the following members:
o Chairperson: Holds the rank of a Union Cabinet Minister.
o Vice-Chairperson: Holds the rank of a Minister of State.
o Members: Their ranks are equivalent to that of a Secretary to the Government of India.
o The terms of office for these positions are three years from the date of assuming charge.
Historical Evolution:
o The NCST’s establishment is rooted in the Constitution (89th Amendment) Act, 2003.
o Prior to this amendment, the National Commission for Scheduled Castes and Scheduled Tribes was a combined entity.
o The separation into two distinct Commissions-NCSC and NCST-occurred on 19 February 2004.
Role and Mandate:
1. Participation in Planning Process:
o The NCST actively participates in the planning process related to the socio-economic development of STs.
o It collaborates with both the Union and State governments to ensure that policies and programs are tailored to the needs of tribal communities.
2. Evaluation and Monitoring:
o The Commission evaluates the effectiveness of safeguards provided to STs by the Constitution, existing laws, and government directives.
o It monitors the progress of ST development at both the national and state levels.
3. Specific Functions:
o Investigating and advising on matters related to ST welfare.
o Inquiring into specific complaints regarding ST rights and safeguards.
o Recommending corrective measures to address violations.
o Presenting annual reports to the President of India.
Approach and Methodology
1. Holistic Approach:
o The NCST adopts a holistic approach to tribal development.
o It considers not only economic aspects but also social, cultural, and environmental factors affecting STs.
2. Community Engagement:
o The Commission engages with tribal communities directly.
o Field visits, consultations, and interactions with ST representatives inform its recommendations.
3. Research and Data Analysis:
o The NCST conducts research on tribal issues.
o It analyses data related to ST population, education, health, land rights, and livelihoods.
4. Advocacy and Policy Influence:
o The Commission advocates for policy changes and legal reforms.
o It influences government decisions to enhance ST welfare.
Headquarters
1. Constitutional Authority:
o The NCST derives its authority from the Constitution.
o It has the power to summon witnesses, examine documents, and issue recommendations.
2. Monitoring Implementation:
o The Commission monitors the implementation of constitutional safeguards for STs.
o It ensures that funds allocated for tribal development are utilized effectively.
3. Advisory Role:
o The NCST advises the Central and state governments on ST-related matters.
o Its recommendations guide policy formulation and implementation.
The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions, namely- (i) the National Commission for Scheduled Castes (NCSC) and (ii) the National Commission for Scheduled Tribes (NCST) w.e.f. 19 February 2004. Detailed background information about the historical evolution of the National Commission has been given in Chapter 1 of the first Report of the Commission for the years 2004-05 and 2005-06.
The term of office of Chairperson, Vice-Chairperson and each member is three years from the date of assumption of charge. 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 rank of a Secretary to the Government of India.
- The first National Commission for Scheduled Tribes (NCST) was constituted in March 2004. It comprised Shri Kunwar Singh, Chairperson (who assumed office on 15.3.2004), Shri Tapir Gao, Vice-Chairperson (who assumed office on 3.3.2004), Shri Lama Lobzang (who assumed office on 2.3.2004), Smt. Prem Bai Mandavi (who assumed office on 4.3.2004) and Shri Buduru Srinivasulu (who assumed office on 11.3.2004) as Members. The office of Vice-Chairperson had fallen vacant w.e.f. 31.3.2004, which was consequent upon the resignation of Shri Tapir Gao and was vacant till 29.5.2006, on which date Shri Gajendra Singh Rajukhedi joined the office of Vice-Chairperson. While Shri Kunwar Singh, Chairperson, resigned from his office on 14.2.2007 (A/N), the Members of the first Commission demitted their office in the month of March 2007 from the date of completion of their three-year tenure. Shri Gajendra Singh Rajukhedi also resigned from the office of Vice-Chairperson on 15.05.2007.
- The second commission comprised of Smt. Urmila Singh as Chairperson, Shri Maurice Kujur as Vice Chairperson, Shri Tsering Samphel, and Shri Oris Syiem Myriaw as Members (Smt. Urmila Singh assumed office on 18.06.2007 and resigned on 24.01.2010 consequent upon her appointment as Governor of Himachal Pradesh), Shri Maurice Kujur, Vice Chairperson remained in office from 25.04.2008 to 24.04.2011, Shri Tsering Samphel, Member who assumed office on 14.06.2007 demitted his office on 13.06.2010. Similarly, Shri Oris Syiem Myriaw, Member, who assumed office on 17.04.2008, demitted on 16.04.2011 after completing a three-year term.
- In the third Commission, Dr Rameshwar Oraon assumed the office of Chairperson on 28.10.2010, Smt. K. Kamala Kumari assumed the office of Member on 21.07.2010, while Shri Bheru Lal Meena assumed the office of Member on 28.10.2010. The posts of Vice chairperson and one Member in the Commission remained vacant. Smt. K. Kamla Kumari was demitted from Office after completing her three-year tenure on 20/07/2013. Similarly, after completing their respective three-year terms Dr. Rameshwar Oraon, Chairperson, demitted his office on 27/10/2013, and Shri Bheru Lal Meena, Member, demitted his Office on 28/10/2013 (FN).
- Dr. Rameshwar Oraon has been re-appointed with a 2nd term of three years as Chairperson National Commission for Scheduled Tribes. Similarly, Smt. K. Kamla Kumari and Shri Bheru Lal Meena, were also re-appointed with 2nd term of three years as Members of the Commission. All of them assumed their respective Offices on 01/11/2013. Shri Ravi Thakur, MLA in Himachal Pradesh Assembly, has been appointed Vice-Chairperson of the Commission. Shri Ravi Thakur has assumed the office on 14/11/2013. However, due to the sudden demise of Smt K. Kamla Kumari on 17/07/2014 and Shri Bheru Lal Meena on 19/08/2014, three posts of Members are presently lying vacant in the Commission.