Laxmikanth Summary: National Commission for STs

Table of Contents
1. Introduction
2. Separate Commission for STs
3. Functions of the Commission
4. Report of the Commission
5. Powers of the Commission
6. Significance and practical impact
7. Concluding note
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Introduction

The National Commission for Scheduled Tribes (hereafter the Commission) is a constitutional body created to safeguard the interests and rights of Scheduled Tribes (STs) in India. Its existence and basic framework arise from Article 338-A of the Constitution. The Commission monitors the implementation of constitutional and legal safeguards for STs and advises the Union and state governments on policy matters affecting tribal communities.

Constitutional Body

Separate Commission for STs

• The idea of National Commissions for the marginalised communities originated after the 65th Constitutional Amendment Act, 1990, when institutions were established to oversee safeguards for both Scheduled Castes (SCs) and Scheduled Tribes (STs) under Article 338.
• Although SCs and STs were initially covered together, there are clear geographical, cultural and socio-economic distinctions between them which required distinct approaches and specialised attention.
• To focus exclusively on tribal issues, the Government of India created a separate Ministry of Tribal Affairs in 1999.
• To give constitutional recognition to a distinct body for STs, the 89th Constitutional Amendment Act, 2003 amended the Constitution by modifying Article 338 and inserting Article 338-A, thereby enabling the creation of an independent Commission for STs.
• The separate National Commission for Scheduled Tribes was constituted in 2004. The Commission's sanctioned composition is a Chairperson, a Vice-Chairperson and three Members, all appointed by the President of India.
• The terms and conditions of service of the Chairperson and Members, including tenure, salaries and allowances, are determined by the President. Typically, members serve a term of three years and may be eligible for reappointment subject to rules framed by the President; rules allow for up to two terms depending on presidential rules.

Functions of the Commission

The Commission has a wide range of functions aimed at protection, promotion and development of Scheduled Tribes. These functions can be grouped under constitutional oversight, complaint redressal, developmental monitoring, advisory roles and special duties as entrusted by the President.

• Oversight of legal and constitutional safeguards: Monitor the implementation of provisions of the Constitution and other laws that protect the rights of STs.
• Investigation of complaints: Inquire into specific grievances and complaints where rights of STs have been denied or where safeguards have not been implemented.
• Socio-economic development: Advise on and evaluate programmes for the socio-economic development of tribal communities; recommend measures for improving schemes and their delivery.
• Reporting to the President: Submit regular and special reports to the President on matters relating to STs and on how safeguards have been implemented.
• Recommendations for implementation: Make recommendations to ensure effective implementation of safeguards, including suggestions to improve administrative procedures and welfare schemes for tribes.
• Additional presidential duties: Perform any other functions relating to STs that the President may assign from time to time.

Other important functions

• Land and resource rights: Recommend measures to protect tribal land and natural resource rights, including proposals to grant ownership rights over minor forest produce to tribal communities, safeguard community rights over minerals and water where law permits, prevent displacement and alienation of tribal land, and suggest rehabilitation arrangements for those displaced.
• Community development and livelihoods: Propose and monitor schemes aimed at strengthening tribal communities, improving sustainable livelihoods, preserving traditional skills and enhancing delivery of relief and rehabilitation to tribes displaced by development projects.
• Environmental conservation and sustainable practices: Promote tribal participation in forest protection and social afforestation; advise on measures to manage and mitigate environmental degradation and to address harmful practices such as indiscriminate shifting cultivation where it causes loss of livelihood or land rights.
• Governance and law implementation: Ensure effective implementation of central laws relevant to tribal areas, notably the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA), and recommend steps to strengthen local self-governance and customary institutions in Scheduled Areas.

Report of the Commission

• The Commission is required to submit an annual report to the President on the status of constitutional and legal safeguards and on the overall condition of Scheduled Tribes.
• In addition to the annual report, the Commission may submit special reports to the President on specific issues or urgent matters affecting STs.
• On receipt, the President places these reports before Parliament along with a memorandum explaining the action taken or proposed on the Commission's recommendations, and giving reasons for non-acceptance where recommendations are not accepted.
• Reports that specifically concern a State are forwarded by the President to the Governor of that State. The Governor places the report before the State Legislature together with a memorandum explaining action taken or proposed and reasons for non-acceptance of recommendations, if any.

Powers of the Commission

The Commission is vested with investigative and quasi-judicial powers to make its work effective. It can frame its own procedures and, for the purposes of inquiry and enquiry, has powers similar to those of a civil court.

• Regulate its procedure: The Commission may determine the procedure for conduct of its business subject to rules made by the President.
• Powers akin to a civil court: While discharging its functions, the Commission can summon and enforce the attendance of any person from any part of India, examine witnesses on oath, require the discovery and production of documents, receive evidence on affidavit and requisition public records from any court or office.
• Issuance of summons and requisitions: It can issue summonses for witness attendance and documents and can take steps to ensure compliance with its inquiries.
• Consultative role for governments: The Central and State Governments are required to consult the Commission on all major policy matters, legislation and schemes that affect Scheduled Tribes to ensure that their interests are adequately protected.
• Other authorities: The Commission may exercise other powers as may be conferred on it by the President for effective discharge of its duties.

Significance and practical impact

The Commission plays a dual role of watchdog and adviser. As a watchdog it helps detect failures in implementation, injustices and denial of rights. As an adviser it recommends policy corrections, programme changes and legal reforms. Its reports and recommendations assist Parliament, state legislatures and governments to frame better policies and laws for tribal welfare, protect customary rights, and improve governance in Scheduled Areas.

Concluding note

The National Commission for Scheduled Tribes is a constitutional institution placed to ensure that tribal communities secure the benefits of constitutional guarantees, social justice and development. Through investigation, reporting, recommendation and consultation, it seeks to bridge gaps between policy intentions and ground realities for Scheduled Tribes.