The National Commission for Scheduled Tribes was first formed by the Government of India in 1978 as a Non-statutory Multi-Member Commission. Initially, the Commission was set up through a resolution for both the Schedule Castes and Schedule Tribes. In the year 1987, the Government of India re-structured the duties of the Commission by authorizing it to advice on the Broad Policy Issues and Levels of Development of SCs and STs. The formation of Statutory National Commission took place in the year 1992 and it was followed by the 2nd Commission in 1995. On December 1998, the 3rd Commission was formed which was again followed by the 4th Commission in 2002. However, as per Article 338A of the 89th Amendment of the Constitution in 2004, a separate National Commission for Scheduled Tribes came into existence. The prime aim of this Commission for Scheduled Tribes is to develop the socio-economic status of the backward classes of STs in all parts of India.
Powers of the National Commission for Scheduled Tribes
The National Commission for Scheduled Tribes is authorized to exercise the powers of a Civil Court. On various other matters and issues, the Commission has the following powers:
- Evidence on affidavits can be received
- Examining any person on oath by summoning and enforcing his/her attendance from any corner of India
- Summons/communications can be issued by the Commission to verify documents and witnesses
- Calling for the production and discovery of any documents
- Investigating any other issue as per the instructions of the President
- Any public record or a copy from any court of India can be demanded by the Commission
Apart from the above mentioned ones, the National Commission for Scheduled Tribes has the power to monitor the following:
- Safeguarding of the language, culture or script of the district as per Article 29 (i)
- Ruling out child labor with respect to STs under Article 24 of the Constitution
- Working of 5th and 6th Schedules, economic safeguards under Article 244 and approval of grants for improving administrative scenario in tribal pockets
- Working of service safeguards under Articles 16 (4), 16 (4A), 16 (4B) and 335 to ensure proper representation of ST communities in various posts
- Supervising the enforcement of several laws such as -
- Bonded Labor System (Abolition) Act, 1976
- Forest Conservation Act, 1980
- The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
- Minimum Wages Act, 1948
- The Child Labor (Prohibition and Regulation) Act, 1986
- The Panchayat (Extension to the Scheduled Areas) Act, 1996
- State Acts and Regulations relating to the alienation and restoration of land which belong to the STs
With the basic aim of uplifting socio-economic condition of the Scheduled Tribes, the Commission is approached by all State Governments and the Union to decide upon various policy matters concerning the STs. Such consultation has been allowed by Clause 9 of Article 338A of the Indian Constitution.
Functions of the National Commission for Scheduled Tribes
The main focus of the National Commission for Scheduled Tribes is on the all-round development of the backward classes of India. From education and agriculture to business opportunity and cultural enrichment, the Commission strives to work in all significant areas intertwined with the lives of STs. The major functions assigned to the Commission by the Constitution of India under Article 338A of Clause (5) are as follows:
- Safeguards relating to education as per Article 15 (4) to reserve seats for STs in various educational institutions and centers
- Advising and participating in socio-economic developmental processes of STs, thereby evaluating the progress under any State or Union of India
- Taking steps for the welfare, protection, advancement and development of the STs as per the instructions of the President, followed by the provisions of any law passed by the Parliament
- Investigating and supervising all issues related to the safeguard of the Scheduled Tribes provided by the Constitution or as per any law
- Submitting regular reports to the President about the progress and implementation of various safeguards offered to the STs
- Investigate and act upon all complaints related to the deprivation of rights and safeguards of the STs
- Making reports and recommendations for the Union that would encompass the overall development of the Scheduled Tribes through various safeguards
Some of the other functions performed by the Commission for the development, welfare and protection of Scheduled Tribes are listed below:
- Taking measures to offer practical strategies for the development of the living standards of STs rvice Safeguards Wing
The Commission has 6 State Offices which are responsible for supervising the policy matters and guidelines concerning the development of the STs. These State Offices are located in such places as:
- Bhopal in Madhya Pradesh
- Ranchi in Jharkhand
- Jaipur in Rajasthan
- Bhubaneswar in Orissa
- Shillong in Meghalaya
- Raipur in Chhattisgarh
Empowering the underprivileged communities through major developmental initiatives, the National Commission for Scheduled Tribes strives to form a prosperous living condition for the STs.
Last Updated on 28 September 2012
