National Commission for Scheduled Tribes
What Is The National Commission For Scheduled Tribes[1]
A Constitutional Body set up under Article 338A of the Constitution of India to investigate & monitor all matters relating to safeguards provided to the Scheduled Tribes. It is established to oversee the implementation of various safeguards provided to Scheduled Tribes under the Constitution or under any other law for the time being in force or under any other order of the Govt. and to evaluate the working of such safeguards. The Headquarters of NCST is in New Delhi.[2]
Official Definition of National Commission for Scheduled Tribes
The term as defined in legislation
The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003.[3]
Legal Provision Relating To The Term
Functions
All the functions of this commission are clearly defined under Section 5 in Article 338A of The Indian Constitution.
- To inquire, investigate & Monitor matters and complaints relating to Safeguarding the Rights provided to STs under the Constitution
- To participate and Advise in the Planning Process relating to the Socio-economic development of STs,
- To submit report to the President annually and at such other times as the Commission may deem fit, upon/ working of Safeguards, Measures required for effective implementation of Programmers/ Schemes relating to Welfare and Socio-economic development of STs.[4]
Powers
The Commission has all the powers of a civil court described under Clause (8) of Art. 338A[5]
- Summon and enforce attendance of any person and examine on oath;
- Discovery & production of any documents;
- Receive evidence on affidavits;
- Requisition any public record or copy thereof from any court or office;
- Issue Commissions for examination of witnesses and documents;
Composition
Subject to the provisions of any law made on this behalf by Parliament the Commission shall consist of a Chairperson, Vice-Chairperson, and three other Members, and 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[6]
Regional Variations
In addition to the National Commission for Scheduled Tribes(NCST), India has a number of State Commissions that have been set up to protect the rights and interests of Scheduled Tribes populations at the state level. The commissions in each state perform comparable tasks to the NCST, but they are tailored to the unique requirements and circumstances of that state. According to current data, several states have State Scheduled Tribes Commissions, including
| STATE | NATURE | TYPE |
| Rajasthan[7] | Non-Statutory body | Single Commission for both SC’s and ST’s |
| Uttrakhand[8] | Statutory body | Single Commission for both SC’s and ST’s |
| Andhra Pradesh[9] | Statutory body | Separate Commission for ST’s |
| Goa[10] | Statutory body | Single Commission for both SC’s and ST’s |
| Uttar Pradesh[11] | Statutory body | Single Commission for both SC’s and ST’s |
| Jharkhand[12] | Statutory body | Separate Commission for ST’s |
Appearance in the official Data Base[13]
Atrocities Against STs between the years 2012-2016
References
- ↑ https://ncst.nic.in/
- ↑ https://ncst.nic.in/sites/default/files/2021/document/NCST%20Pamphlet%20english
- ↑ https://ncst.nic.in/content/introduction#:~:text=The%20National%20Commission%20for%20Scheduled,89th%20Amendment)%20Act%2C%202003.
- ↑ https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1707576
- ↑ https://ncst.nic.in/content/powers-commission
- ↑ https://ncst.nic.in/sites/default/files/documents/constitutional_amendments/Constitution_Eighty-Ninth_Amendment_Act_20035978280967.pdf
- ↑ https://sje.rajasthan.gov.in/Default.aspx?PageID=39
- ↑ https://highcourtofuttarakhand.gov.in/files/Commission_for_the_Scheduled_Tribes_Act,_2015.pdf
- ↑ https://www.indiacode.nic.in/bitstream/123456789/16192/1/act_no_30_of_2020.pdf
- ↑ https://www.indiacode.nic.in/bitstream/123456789/13073/1/the_goa_commission_for_scheduled_castes_and_scheduled_tribes_act,_2010.pdf
- ↑ https://www.indiacode.nic.in/bitstream/123456789/19962/1/the_uttar_pradesh_commission_for_the_scheduled_castes_and_scheduled_tribes_act_1995.pdf
- ↑ https://prsindia.org/files/bills_acts/acts_states/jharkhand/2019/Act%2011%20of%202019%20Jharkhand.pdf
- ↑ https://ncst.nic.in/node/3194/
