NATIONAL COMMISSION FOR SCHEDULED TRIBES – POLITY
News: NCST
functioning with less than 50% of sanctioned strength: Ministry in LS
What's in the news?
● Data
presented by the Ministry of Tribal Affairs (MoTA) in Lok Sabha revealed that
the National Commission for Scheduled Tribes (NCST) is currently functioning
with less than 50% of its sanctioned strength.
Key takeaways:
● According
to data from the Commission, rules provide for the ST panel to have one
Chairperson, one Vice-Chairperson, and three Members (two among V-C and Members
must be from ST community).
● Currently,
it just has a Chairperson (Harsh Chouhan) and one Member (Ananta Nayak) with
all other positions, including that of the mandatory ST Member, vacant for the
last three years.
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.