Laxmikanth Summary: National Commission for STs | Indian Polity for UPSC CSE PDF Download

Introduction

Similar to the National Commission for Scheduled Castes (SCs), the National Commission for Scheduled Tribes (STs) holds constitutional status as it is directly established by Article 338-A of the Constitution. 

Constitutional Body

Separate Commission for STs

• The National Commissions for Scheduled Castes (SCs) and Scheduled Tribes (STs) were established after the 65th Constitutional Amendment Act of 1990.
• Initially constituted under Article 338 of the Constitution, their primary objective was to oversee the implementation of safeguards for SCs and STs as per constitutional provisions and other laws.
• Despite sharing constitutional status, SCs and STs have distinct geographical, cultural, and socio-economic differences.
• A separate Ministry of Tribal Affairs was formed in 1999 to exclusively focus on the welfare and development of STs due to these differences.
• To better cater to ST interests, the proposal emerged to create a distinct National Commission for STs by separating it from the joint National Commission for SCs and STs.
• The 89th Constitutional Amendment Act of 2003 facilitated this separation by amending Article 338 and introducing a new Article 338-A in the Constitution.
• The independent National Commission for STs was established in 2004, comprising a chairperson, vice-chairperson, and three members, appointed by the President.
• The tenure and service conditions of the Commission members are determined by the President, allowing a three-year term with a maximum eligibility of two terms based on rules set by the President.

Functions of the Commission

The functions of the Commission are: 

• Legal and Constitutional Safeguards: Oversight of legal and constitutional protections for Scheduled Tribes (STs).
• Complaints Address: Investigate specific grievances on denial of rights for STs.
• Socio-Economic Development: Guidance and evaluation of socio-economic development for STs.
• Reports to President: Regular reports on safeguard functionality submitted to the President.
• Implementation Suggestions: Recommendations for efficient implementation of safeguards and initiatives for STs' well-being.
• Presidential Duties: Fulfillment of additional duties as specified by the President for STs' welfare and advancement.

Other Functions of the Commission are:

• Land and Resource Rights
  • Grant ownership rights for minor forest produce to STs in forest regions.
  • Safeguard tribal community rights over mineral and water resources according to the law.
  • Prevent alienation of tribal people from their land and facilitate rehabilitation for affected individuals.
• Community Development
  • Foster the development of tribal communities and devise sustainable livelihood strategies.
  • Enhance the efficacy of relief and rehabilitation measures for tribes displaced by development projects.
• Environmental Conservation
  • Encourage tribal communities to actively participate in forest protection and social afforestation efforts.
  • Address and eliminate the practice of shifting cultivation by tribes, preventing continuous disempowerment and land/environmental degradation.
• Governance and Legislation
  • Ensure the complete implementation of the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996.

Report of the Commission

• The commission submits an annual report to the President and has the authority to submit additional reports as deemed necessary.
• The President presents these reports to the Parliament along with a memorandum explaining the actions taken regarding the Commission's recommendations. This memorandum includes reasons for any rejection of recommendations.
• Reports related to a state government are forwarded by the President to the respective state governor.
• The governor presents these reports to the state legislature, accompanied by a memorandum outlining the actions taken and reasons for non-acceptance of the Commission's recommendations.

Powers of the Commission

• The Commission possesses the authority to regulate its own procedures.
• During investigations or when addressing complaints, it holds powers similar to a civil court trying a lawsuit, including:
  • Summoning and compelling individuals from any part of India to testify under oath.
  •  Requesting the disclosure and presentation of any document.
  •  Accepting evidence in the form of sworn affidavits.
  •  Requesting public records from courts or offices.
  •  Issuing summonses for witness testimonies and documents.
  •  Exercising other authorities determined by the President.
• Both the Central and state governments are obligated to seek the Commission's consultation on major policy matters affecting Scheduled Tribes (STs).