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National Commission for Scheduled Tribes (NCST)

Why in News?

The NCST urged the Centre and Chhattisgarh government to frame a dedicated policy for tribals displaced by Maoist conflict since 2005, recommending land, jobs, housing, health coverage, and infrastructure, citing the 2018 Bru resettlement plan as a model.

Description:

  • Established: 2004, by the 89th Constitutional Amendment Act, 2003.
  • Inserted Article 338A in the Constitution.
  • Split the earlier National Commission for SCs & STs (Article 338) into:
    • National Commission for Scheduled Castes (NCSC)
    • National Commission for Scheduled Tribes (NCST)
  • Type: Constitutional body.

Composition:

  • Chairperson, Vice-Chairperson, and 3 other Members.
  • Appointed by: President of India by warrant under his hand and seal.
  • At least one member must be a woman.
  • Tenure: 3 years.
  • Status/Rank:
    • Chairperson – Union Cabinet Minister rank.
    • Vice-Chairperson – Minister of State rank.
    • Members – Secretary to GoI rank.
  • Can serve a maximum of 2 terms.

Powers & Functions (Article 338A):

  • Investigate & monitor safeguards for STs under Constitution/laws/orders.
  • Inquire into complaints of ST rights violations.
  • Advise in planning & development of ST socio-economic programmes.
  • Report to the President annually / whenever required.
  • Recommend measures to Union/State for effective implementation.
  • Additional functions: As prescribed by President by rules.

Constitutional & Legal Safeguards for STs:

  • Articles:
    • 366(25): Defines Scheduled Tribes.
    • 342(1): President specifies STs for each State/UT (consulting Governor in case of States).
  • Fifth Schedule: Administration of Scheduled Areas & STs in states other than 6th Schedule states.
  • Sixth Schedule: Special provisions for administration of tribal areas in Assam, Meghalaya, Tripura, Mizoram.
  • Statutory Safeguards:
    • Protection of Civil Rights Act, 1955.
    • SC/ST (Prevention of Atrocities) Act, 1989.
    • Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA).
    • Forest Rights Act (FRA), 2006.
Origin of NCSC and NCST:

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