22nd Foundation Day of NCST

• 21 Feb 2025

For Prelims: National Commission for Scheduled Tribes, Scheduled Tribes, Scheduled Castes, Provisions Related to STs 

For Mains: Significance of NCST in tribal welfare, Safeguarding Scheduled Tribes' rights 

Source: PIB 

Why in News?

The National Commission for Scheduled Tribes (NCST) celebrated its 22^nd Foundation Day on 19^th February 2025, highlighting the Commission’s role in protecting Scheduled Tribes(ST) rights. 

What are the Key Facts About the National Commission for Scheduled Tribes? 

• Origin and Evolution: In 1992, a statutory National Commission for Scheduled Castes (SCs) and STs was established. Later, to address the distinct needs of STs, the NCST was established on 19th February 2004, through the 89th Constitutional Amendment Act, amending Article 338 and adding Article 338A to the Constitution. 
• Composition and Tenure: 
  • Structure: NCST comprises a Chairperson (Cabinet Minister rank), a Vice-Chairperson (Minister of State rank), and three Members (Secretary rank), all appointed by the President. 
    • At least one other Member shall be appointed from amongst women. 
  • Tenure & Reappointments: The term of office for all members is three years. A member can be reappointed for a maximum of two terms. 
• Key Functions: Under Article 338A(5), the NCST monitors constitutional safeguards for STs, addresses tribal rights issues, advises on socio-economic development. 
  • Reports to the President on tribal welfare, suggests policy measures, and oversees ST welfare programs. 
  • Additionally, under the NCST (Specification of Other Functions) Rules, 2005, the commission recommends land ownership rights for tribals (Forest Rights Act, 2006), and suggests alternative livelihood strategies. 
    • Advocates for full implementation of the Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA), and seeks solutions to reduce and eliminate shifting cultivation. 

Who are the Provisions Related to Scheduled Tribes in India? 

Click here to Read: Provisions Related to STs in India 

What are the Challenges Regarding the NCST? 

• Administrative and Financial Constraints: The NCST functions under the Ministry of Tribal Affairs, lacking financial and operational autonomy, affecting its independence in budgeting, and operations. 
  • Article 338A(9) of the Constitution mandates that the Union and State Governments consult the NCST on all major policy matters affecting STs. 
    • However, many states and departments fail to seek its advice, leading to tribal welfare policies being designed without the Commission’s input . 
• Manpower Shortages: The NCST reviews tribal welfare schemes, but its effectiveness is hindered by limited staff and poor coordination.  
  • Historically, the NCST has faced prolonged vacancies in key positions like Chairperson and Members.  
  • Manpower shortages and bureaucratic delays result in prolonged resolution times, leaving many cases pending for years and weakening public trust. 
• Weak Enforcement Powers: The recommendations of NCST are not binding, limiting its ability to enforce protective measures for STs. 
  • Despite receiving numerous petitions on atrocities against tribals, land alienation, and denial of reservation benefits, the NCST lacks the power to enforce its directives. 
  • This weakens its authority and reduces accountability among government agencies. 
• Lack of Awareness and Outreach: Many tribals are unaware of their rights and the existence of NCST, the Commission lacks a strong grassroots presence . 

Way Forward 

• Strengthening Legal Mandate: The NCST should be empowered to award penalties on the lines of the powers given to the Central Information Commission in the context of the implementation of the various provisions of the Rights to Information Act, 2005.  
• Capacity Building: A separate cadre for NCST personnel should be created to ensure staffing shortages do not affect its operations . 
• Mandatory Consultation on Policies: The government should ensure compliance with Article 338A(9), making it compulsory for ministries and states to consult NCST on all tribal welfare policies . 
• Grievances: NCST should have a dedicated grievance redressal cell to follow up on cases of violence, displacement, and human rights violations . 

Drishti Mains Question: 

What is the mandate of the National Commission for Scheduled Tribes? Analyze its effectiveness in protecting tribal rights.

UPSC Civil Services Examination Previous Year Question (PYQ 

Prelims

Q. If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it? (2022)

(a) This would prevent the transfer of land of tribal people to non-tribal people. 
(b) This would create a local self-governing body in that area. 
(c) This would convert that area into a Union Territory. 
(d) The State having such areas would be declared a Special Category State. 

Ans: (a)

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Mains 

What are the two major legal initiatives by the State since Independence addressing discrimination against Scheduled Tribes (STs)? (2017)