According to a Parliamentary panel report tabled in Lok Sabha this week, the reports of National Commission for Scheduled Tribes since 2018 are still under process in the ministry of tribal affairs and not been presented to the Parliament till date.

The panel said it would like the matter to be expedited and the reports presented without any delay.

It also noted that several posts are lying vacant in the Commission.

Origin of NCST

• The Office of the Commissioner for Scheduled Castes (SCs) & Scheduled Tribes (STs) was created in 1950 for effective implementation of various safeguards provided in the Constitution for the SCs & STs and various other protective legislations. In addition to it, a multi-member Commission for SCs and STs was set up in 1978. 

• In 1992, these two organisations were replaced by a statutory multi-member National Commission for SCs and STs.

• Since the needs, problems and the solutions required for STs were quite different from those of SCs, a special approach for tribal development and an independent machinery to safeguard the rights of STs was considered necessary. 

• Accordingly, a separate National Commission for Scheduled Tribes (NCST) was set up with effect from February 19, 2004 by amending Article 338 and inserting a new Article 338A in the Constitution, through Constitution (Eighty-ninth Amendment) Act, 2003. 

• The NCST, in its first report for the year 2004-05 and 2005-06 made a recommendation for safeguarding the rights of Tribal Communities over mineral resources.

As per provisions of Article 338A, the NCST has presented two reports to the President of India on July 3, 2018 and January 15, 2020 respectively.

1) Indira Sagar Polavaram Project Affected Tribal People

2) Rourkela Steel Plant on Rehabilitation & Resettlement of Displaced Tribal.

• But, these two reports are yet to be tabled in the Parliament.

Members of NCST 

• The NCST consists of chairperson, vice chairperson and three members. 

• The chairperson and vice chairperson of the Commission have been conferred the rank of Union Cabinet Minister and Minister of State respectively, while other members have been given the rank of a secretary to the government of India.

• The chairperson, vice chairperson and members hold office for a term of three years from the date on which he/she assumes such office. The chairperson, vice chairperson and other members shall not be eligible for appointment for more than two terms.

Role of NCST

The sub-clause (5) of the Article 338A of the Constitution of India provides that it shall be the duty of the National Commission for Scheduled Tribes as under:

• To investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any order of the government and to evaluate the working of such safeguards.

• 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 and any state.

• To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards.

• To make in such reports recommendations as to the measures that should be taken by the Union or any 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 as insulation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provision of any law made by Parliament by rule specify.

The National Commission for Scheduled Tribes (Specification of other function) Rules, 2005 provide for the following other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes. They are: 

• Measures that need to be taken over conferring ownership rights in respect of minor forest produce to STs living in forest areas.

• Measures to be taken safeguard rights of the tribal communities over mineral resources, water resources, etc as laid down by law.

• Measures to be taken for the development of tribal to plug loopholes and to work more viable livelihood strategies.

• Measures to be taken to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects.

• Measures to be taken to prevent alienation of tribal people from land and to effectively rehabilitate such people in whose case alienation has already taken place.

• Measures to be taken to elicit maximum cooperation and involvement of tribal communities for protecting forests and undertaking social afforestation.

• Measures to be taken to ensure full implementation of the provision of Panchayat (Extension to Scheduled Areas) Act, 1996.

• Measures to be taken to reduce and ultimately eliminate the practice of shifting cultivation by tribal that lead to their continuous disempowerment and degradation of land and the environment.

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