The NCST and its failures

Context – The National Commission for Scheduled Tribes has been dysfunctional for the last four years and has not delivered a single report to Parliament, a parliamentary committee has said in a recent report

National Commission for Scheduled Tribes (NCST):

• NCST was set up with effect from 19th February, 2004 by amending Article 338 and by inserting a new article 338A in the Constitution through the 89th Constitution Amendment Act, 2003. Hence, it is a constitutional body.
• Article 338A inter-alia gives powers to the NCST to oversee the implementation of various safeguards provided to STs under the Constitution or under any other law for time being in force or under any other order to the Government and to evaluate the working of such safeguards.

Organizational Structure: It consists of a Chairperson, a Vice-Chairperson and 3 other Members who are appointed by the President by warrant under his hand and seal.It augments that:

• At least one member should be a woman.
• The Chairperson, the Vice-Chairperson and the other Members hold office for a term of 3 years.
• The members are not eligible for appointment for more than two terms.
• The Chairperson has been given the rank of Union Cabinet Ministers, the Vice Chairperson has the rank of a Minister of State and other Members have the rank of a Secretary to the Government of India.

Functions of the Commission:

• To investigate and monitor all matters relating to the safeguards provided for the STs under the Constitution or under any other law for the time being in force or under any order of the Government.
• To inquire into specific complaints with respect to the deprivation of rights and safeguards of the STs.
• To participate and advise in the planning process of socio-economic development of the STs and to evaluate the progress of their development.
• To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards.
• To make in such reports, recommendations as to the measures that should be taken by the Union or any State for effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes.

Challenges Associated with NCST

1. The existing priorities of the Commission are visibly lopsided in favour of the elite of these communities.
2. Since the Commission, for the most part, acts on complaints, it is said that commissions have been less than sensitive to the poor Dalits which are engendered by the lack of education or information.
3. The Commission has not used its powers of suo motu cognisance actively enough.
4. In the matter of criminal investigation, that would require it to follow prevailing rules and procedures pertaining to evidence and prosecution. This retards the effectiveness of the commission by rendering it vulnerable to litigation in the form of appeals to higher judicial bodies and thereby nullifying its operational effectiveness.
5. There are delays in conducting the inquiry and in delivering judgements. Moreover, there is a perception that the Commission tends to confirm the government’s position on most cases.
6. The Commission is supposed to prepare an annual report for presentation to Parliament. Reports are often tabled two or more years after they have been submitted to the President. Even when Reports are tabled in Parliament, they are frequently not discussed.
7. In many policy sectors, as in the case of the Scheduled Castes, the proliferation of institutions has created an institutional confusion in which the roles and powers of each are obfuscated.

Way Forward

There is a dire need of thorough introspection of the NCSC’s & NCST’s and address the miscarriage of social justice in order to uphold the spirit of diversity and the very objectives of Preamble, i.e. tosecure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation.

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