NATIONAL COMMISSION FOR SCHEDULED TRIBES ARTICLE:338-A National Commission for Scheduled Tribes Haml Government of India
EVOLUTION Originally, article 338 constitution-> special officers for SC & ST To investigate all the matters relating to the constitutional safeguards for the SC's and ST's O Report to the president on their working He was designated as the commissioner for SC's and ST's 1978- (through a resolution) set up as a non statuary multimember The office of commissioner for sc's and st's also continued to exist 1987-through another resolution) modified the functions of commission and renamed it as the national commission for sc's and st's 65t constitutional amendment act of 1990 establishment of a multimember national commission for sc's and st's Replaced 1. Commission for Sc and St 2.Commission set up under the resolution of 1987
89th constitutional amendment act of 2003 bifurcated- two separate bodies: 1.) National commission for SC(article 338) 2.) National commission for ST(article 338-A)
SEPARATE COMMISSION FOR ST'S Geographically and culturally - ST's are different from SC's OIn 1999, a new ministry of tribal affairs -focus for development and welfare of ST'S To safeguard interests of ST's more effectively - separate national commission OThis was done by 89th constitutional amendment act in 2003 Amended article 338 and inserted article 338-A OSeparate commission for st's came into existence in 2004 Consists of: Chairman Vice-chairman Three other members OThey 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.
FUNCTIONS OF THE COMMISSION Investigate and monitor. All matters related to constitutional and legal safeguards for the ST's Respect to deprivation of rights Advise on planning process of socio-economic development of the ST's Evaluate the progress of their development under the union or state. Reports upon working on these safeguards-present to the president- annually. Protection , welfare and development and advancements of the ST's as president may specify President places all such reports before the parliament. President also forwards any report of the commission pertaining to a state government to state governor. Governor places it before state legislature.
OTHER FUNCTIONS OF THE COMMISSION President specified the following other functions of commission in relation to: 1.Protection 2.Welfare 3.Development 4.Advancement of the St's National commission for st's(specified other functions)rules,2005 1.Ownership rights in respect of minor forest produce to ST's living in forest areas. 2.Safeguard rights of the tribal communities over mineral resources ,water resources etc 3. Work for more viable livelihood strategies 4.Efficacy of relief and rehabilitation measures for tribal groups displaced 5.Cooperation and involvement of tribal communities for protecting forests 6.Full implementation->Provision of panchayats (extension to scheduled areas) 7.Reduce and ultimately eliminate the practice of shifting cultivation by tribals.
POWERS TO REGULATE ITS OWN PROCEDURE Commission has all powers of a civil court. Summoning and enforcing the attendance of any person from any part of India ORequisitioning any public record from any court or office. Issuing summons for the examinations of witnesses and documents. Any other matter which president may determine. Central govt. and state govt. are required to consult the commission on all major policy matters affecting the ST's. Commission has to investigate all the matters relating to constitutional and other legal safeguards for OBC'S and Anglo-indian community and report to president upon their working.