National Commission for Scheduled Tribes (NCST)

• Investigate and monitor all matters relating to safeguards provided for STs under the Constitution or any law/order of Govt and evaluate their working.
• Inquire into specific complaints w.r.t. deprivation of rights and safeguards of STs.
• Participate and advise on the planning process of socio-economic development of STs and evaluate progress.
• Present annual (and other) reports to the President on the working of the safeguards. Reports laid before Parliament/State Legislatures with action taken memorandum.
• Make recommendations as to measures for effective implementation of safeguards and for protection, welfare, socio-economic development of STs.
• Discharge such other functions as the President may specify.

These functions differentiate NCST's mandate from NCSC's, recognizing the unique challenges faced by tribal communities linked to land, forests, and resources:

• Minor Forest Produce (MFP): Measures to confer ownership rights in respect of minor forest produce to Scheduled Tribes living in forest areas. This directly links to the Forest Rights Act (FRA), 2006.
• Mineral & Water Resources: Measures to safeguard rights of tribal communities over mineral resources, water resources, etc., often involving conflicts with mining or development projects.
• Livelihood: Measures for the overall socio-economic development and livelihood improvement of Scheduled Tribes.

The creation of NCST reflects a nuanced understanding of the distinct challenges faced by Scheduled Tribes, such as land alienation, forest rights, displacement due to development projects, and preservation of unique cultural identities. As a dedicated constitutional body, NCST provides a focused institutional mechanism for investigating grievances, monitoring safeguards, and advocating for policies tailored to the specific needs of tribal communities.

The NCST's additional functions, specifically on safeguarding rights over minor forest produce, mineral resources, and water resources, are crucial. This mandate directly links to the core issues of tribal livelihood, dignity, and survival, as these communities are highly dependent on natural resources. NCST plays a vital role in ensuring the proper implementation of laws like the Forest Rights Act (FRA), 2006, and PESA, 1996, which aim to empower tribal communities with control over their traditional territories and resources.

Similar to NCSC, NCST's civil court powers empower it to conduct thorough inquiries into human rights violations and deprivation of tribal rights. Its constitutional mandate for consultation on major policy matters (Art 338A(9)) ensures its influence in policy formulation, providing a critical voice for tribal perspectives. While its recommendations are advisory, the requirement to present reports before Parliament/State Legislatures ensures transparency and public accountability.

Despite its specific mandate and powers, NCST faces similar limitations as NCSC:

• Lack of Enforcement Power: Its recommendations are not legally binding, limiting its ability to compel government action or provide direct justice.
• Political Influence: The appointment process by the President (on executive advice) can sometimes raise concerns about impartiality.
• Resource Constraints: Limited financial, human, and infrastructural resources often hinder its ability to conduct extensive investigations, monitoring, and outreach activities across vast tribal areas.
• Implementation Gaps: The success of NCST depends heavily on the willingness of Union and State governments to implement its recommendations and to effectively implement laws like PESA and FRA.
• Conflicts with Development Projects: NCST often finds itself in challenging positions where it has to balance tribal rights with national development imperatives (e.g., large infrastructure or mining projects).

NCST plays a critical role in guiding policies towards sustainable and inclusive development that respects tribal autonomy and traditional knowledge. Its reports and recommendations provide invaluable data and insights for evidence-based policymaking, contributing to the localization of Sustainable Development Goals (SDGs) in tribal areas.

Contemporary Relevance:

• Atrocities against STs: NCST's role in inquiring into cases of atrocities and ensuring proper implementation of laws like the SC/ST (Prevention of Atrocities) Act, 1989, remains vital.
• Displacement and Rehabilitation: Its focus on safeguarding rights over mineral and water resources is crucial in the context of large-scale displacement due to mining and dam projects in tribal regions.
• Governance in Scheduled/Tribal Areas: NCST monitors the functioning of special administrative frameworks (Fifth and Sixth Schedules), ensuring that local governance structures effectively serve tribal interests.
• PM JANMAN Scheme: The launch of PM JANMAN (Pradhan Mantri Janjati Adivasi Nyaya Maha Abhiyan) for PVTGs (Particularly Vulnerable Tribal Groups) aligns with NCST's mandate to promote holistic development and livelihood improvement for STs.