In News:

The 23rd Foundation Day of the National Commission for Scheduled Tribes (NCST) was celebrated in New Delhi by the Ministry of Tribal Affairs.

• Union Tribal Affairs Minister Jual Oram released the NCST Handbook detailing the Commission’s mandate and functioning.
• The event highlighted:
  • NCST’s constitutional responsibilities
  • Policy recommendations
  • Grievance redressal initiatives
  • Field visits to Scheduled Areas
• The Commission reiterated focus areas such as education, forest rights, land issues, infrastructure, and livelihood generation for tribal communities.

About National Commission for Scheduled Tribes (NCST)

Constitutional Status

• Established under Article 338-A of the Constitution.
• Created by the 89th Constitutional Amendment Act, 2003, which bifurcated the earlier National Commission for SCs and STs.
• Aims to provide focused attention to the distinct problems of Scheduled Tribes (STs).

Composition

• Chairperson
• Vice-Chairperson
• Three other Members (at least one woman)
• Appointed by the President by warrant under his hand and seal.

Tenure & Status

• Tenure: 3 years.
• Not eligible for more than two terms.
• Chairperson: Rank of Union Cabinet Minister.
• Vice-Chairperson: Rank of Minister of State.
• Members: Rank of Secretary to Government of India.

Core Functions

• Investigate and monitor safeguards for STs under the Constitution and laws.
• Inquire into complaints regarding deprivation of tribal rights.
• Participate in socio-economic development planning.
• Evaluate development progress of STs.
• Submit annual/periodic reports to the President.
• Recommend measures to Union and State Governments.

Additional Functions (Specified in 2005)

• Ownership rights over Minor Forest Produce (MFP).
• Safeguarding rights over mineral and water resources.
• Preventing land alienation of tribals.
• Monitoring implementation of the Panchayats (Extension to Scheduled Areas) Act (PESA), 1996.
• Relief and rehabilitation of displaced tribals.
• Addressing shifting cultivation issues.

Powers of NCST

• Powers of a civil court during investigations:
  • Summon persons
  • Require production of documents
  • Receive affidavits
  • Requisition public records
• Can regulate its own procedure.
• Mandatory consultation: Central and State Governments must consult NCST on major policy matters affecting STs.

Reporting Mechanism

• Submits reports to the President.
• Reports laid before Parliament with Action Taken Memorandum.
• State-specific reports forwarded to Governor for placement before State Legislature.

Constitutional Provisions Related to Scheduled Tribes (STs)

Identification of STs

• Article 366(25): defines Scheduled Tribes (STs) as tribes or tribal communities, or parts thereof, that are deemed under Article 342 to be STs for the purposes of the Constitution.
• Article 342(1) empowers the President to specify tribes as STs in consultation with the Governor for states.

Administrative Provisions

• Fifth Schedule: Applies to Scheduled Areas in states other than Sixth Schedule states.
• Sixth Schedule: Provides Autonomous District Councils in: Assam, Meghalaya, Tripura, and Mizoram

Key Legislations for ST Protection

• Protection of Civil Rights Act, 1955
• SC/ST (Prevention of Atrocities) Act, 1989
• PESA Act, 1996
• Forest Rights Act, 2006