43. National Commission For STs

Question 0

What are the functions of the National Commission for STs?

Answer 0

1. To INVESTIGATE and MONITOR all matters relating to the constitutional and other legal safeguards for the STs and to evaluate their working.
2. To INQUIRE into specific complaints with respect to the deprivation of rights and safe guards of the STs.
3. To PARTICIPATE and ADVISE on the planning process of socio-economic development of the STs and to evaluate the process of their development under state or union govt.
4. To PRESENT ANNUAL REPORTS to the president, also as and when necessary upon the workings of those safeguards.
5. To make RECOMMENDATIONS as to the measures that should be taken by the union or state for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the STs.
6. And to DISCHARGE such other functions in relation to the protection, welfare, development and advancement of the STs as the president may specify.

In 2005, the President specified the following other functions of the Commission in relation to the protection, welfare and development and
advancement of the STs,

a) Measures to be taken over conferring ownership rights in respect of minor forest produce to STs living in forest areas
b) Measures to be taken to safeguard rights of the tribal communities over mineral resources, water resources etc., as per law
c) Measures to be taken for the development of tribals and to work for more viable livelihood strategies
d) Measures to be taken to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects
e) Measures to be taken to prevent alienation of tribal people from land and to effectively rehabilitate such people in whose case alienation has already been taken place
f) Measures to be taken to elicit maximum cooperation and involvement of tribal communities for protecting forests and undertaking social afforestation
g) Measures to be taken to ensure full implementation of the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996
h) Measures to be taken to reduce and ultimately eliminate the practice of shifting cultivation by tribals that lead to their continuous disempowerment and degradation of land and the environment.

Question 1

What is National Commission for STs?

Answer 1

Like National Commission for SCs the National Commission for STs is also a constitutional body in a sense that it has been established by the Article 338-A of the constitution with the objective of monitoring all the safeguards provided for STs under the Constitution or other laws.

The National Commission for SCs and STs came into being consequent upon passing of the 65th Constitutional Amendment Act of 1990.

The separate National Commission for STs came into existence in 2004.

It consists of a chairperson, a vice-chairperson and three other members. They are appointed by the President by warrant under his hand and seal. Their conditions of service and tenure of office are also determined by the president.

Question 2

Powers of the National Commission for STs:

Answer 2

The commission is vested with the power to regulate its own procedure.

Has the powers of civil court regarding matters related to its functioning. Particularly in respect of following matters:

1. Summoning and enforcing the attendance of any person from any part of India and examining him on oath;
2. Requiring the discovery and production of any document;
3. Receiving evidence on affidavits;
4. Requisitioning any public record from any court or office;
5. Issuing summons for the examination of witnesses and documents; and
6. Any other matter which the president may determine.

The central and state govt are required to consult the commission on all major policy matters affecting the STs.