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National Commission for STs
The National Commission for Scheduled Tribes (STs) is a constitutional body established under Article 338-A of the Constitution of India. It focuses on protecting the rights and interests of Scheduled Tribes, ensuring their development and welfare.Establishment and Evolution
1. Creation of the Commission:
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- The National Commission for SCs and STs was initially set up as a combined body under Article 338through the 65th Constitutional Amendment Act of 1990. However, the distinct needs of Scheduled Tribes prompted the establishment of a separate commission.
2. Bifurcation:
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- In 2003, the 89th Constitutional Amendment Actbifurcated the combined National Commission into two separate entities: the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes.
- This was enacted to provide focused attention on the issues faced by STs.
3. Composition:
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- The National Commission for STs was officially constituted in 2004. It consists of:
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- A Chairperson.
- A Vice-Chairperson.
- Three other members.
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- All members are appointed by the President of India, who also determines their conditions of service and tenure.
- The National Commission for STs was officially constituted in 2004. It consists of:
Functions of the Commission
The Commission is mandated to perform a variety of functions to safeguard the rights and welfare of Scheduled Tribes, including:
1. Monitoring Safeguards:
- Investigate and monitor the implementation of constitutional and legal safeguards for STs, evaluating their effectiveness.
2. Complaint Inquiries:
- Inquire into specific complaints regarding the deprivation of rights and safeguards provided to STs.
3. Socio-economic Planning:
- Participate in and advise on the socio-economic development planning process for STs, while evaluating the progress of such initiatives.
4. Reporting:
- Present reports to the President annually or when deemed necessary regarding the functioning of the safeguards for STs.
5. Recommendations:
- Make recommendations on measures for the effective implementation of those safeguards and for the protection, welfare, and development of STs.
6. Additional Functions:
- Perform other functions in relation to protection and welfare as specified by the President.
Additional Responsibilities
In 2005, the President assigned additional functions to the Commission focusing on:
1. Ownership Rights:
- Safeguarding ownership rights for minor forest produce for STs living in forest areas.
2. Resource Rights:
- Ensuring tribal communities’ rights over mineral and water resources.
3. Development Measures:
- Implementing strategies for sustainable livelihoods for tribal populations.
4. Displacement Issues:
- Improving relief and rehabilitation measures for tribes displaced by development projects.
5. Land Alienation:
- Preventing the alienation of tribal people from land and facilitating rehabilitation for those already affected.
6. Forest Protection:
- Encouraging cooperation between tribal communities for forest protection and social afforestation initiatives.
7. Implementation of the Panchayat Act:
- Ensuring the full implementation of the Panchayats (Extension to the Scheduled Areas) Act, 1996.
8. Shifting Cultivation:
- Addressing and eventually eliminating the practice of shifting cultivation, which disempowers tribes and harms the environment.
Reporting Mechanism
The Commission is responsible for reporting its findings and recommendations:
- It presents an annual report to the President, along with the ability to submit additional reports as necessary.
- The President forwards these reports to the Parliament, accompanied by a memorandum detailing actions taken on the recommendations, including rationale for any non-acceptance.
- Reports pertinent to state governments are forwarded to respective state governors, who present them to the state legislature along with similar explanatory memoranda.
Powers of the National Commission for Scheduled Tribes (STs)
The National Commission for Scheduled Tribes (STs) is endowed with specific powers to facilitate its functions effectively. These powers enable the Commission to investigate matters related to the rights and welfare of Scheduled Tribes and take necessary actions to address their issues. Below are the details regarding its powers:
Regulatory Authority
- The Commission is empowered to regulate its own procedure for the conduct of investigations and inquiries, allowing it flexibility in how it operates.
Powers Equivalent to a Civil Court
When investigating any matter or addressing complaints, the Commission possesses all the powers of a civil court of law, particularly in the following areas:
1. Summoning Attendance:
- The Commission can summon and enforce the attendance of any personfrom any part of India and examine them under oath.
2. Document Production:
- It has the authority to require the discovery and production of any documentthat may be relevant to the inquiry.
3. Receiving Evidence:
- The Commission can receive evidence on affidavits, allowing individuals to present their statements formally.
4. Requisitioning Records:
- It has the power to requisition any public recordfrom any court or office to gather necessary information for its investigations.
5. Issuing Summons:
- The Commission can issue summons for the examination of witnesses and documents, facilitating the collection of evidence pertinent to its inquiries.
6. Other Determined Matters:
- The Commission may address any other matter that the President may determine, granting it further latitude to tackle related issues.
Consultation Requirement
- Both the Central Government and State Governments are mandated to consult the Commission on all major policy matters affecting Scheduled Tribes. This ensures that the interests and perspectives of STs are considered in governmental decision-making processes.
The powers vested in the National Commission for Scheduled Tribes enhance its capability to function effectively in its role as an advocate for the rights and welfare of Scheduled Tribes. By having powers akin to those of a civil court, the Commission can conduct thorough investigations and inquiries, ensuring that the voices of tribal communities are heard and their rights are safeguarded. The requirement for consultation with governments further reinforces the Commission’s importance in shaping policies that affect Scheduled Tribes.
