NATIONAL
COMMISSION FOR SCHEDULED TRIBES
News: National Commission for Scheduled
Tribes’ position on new Forest Conservation Rules ‘will be same’
What's
in the news?
●
In a sign of escalating conflict between
the Government and the National Commission for Scheduled Tribes over the Forest
(Conservation) Rules (FCR) 2022, NCST Chairperson Harsh Chouhan on January 1
said that the ST body’s position on the new rules being violative of the Forest
Rights Act, 2006 “will be the same” even as the Environment Ministry has
dismissed these concerns.
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.