NCST delegation meets Tamil Nadu CM Vijay: Key discussions on tribal welfare

23 Sep NCST delegation meets Tamil Nadu CM Vijay: Key discussions on tribal welfare

✎ The meeting between the Chairperson and Members of the National Commission for Scheduled Tribes (NCST) with the Chief Minister of Tamil Nadu and the subsequent interaction with the Governor underscores the constitutional and…

Subject Relevance — Where This Topic Fits

• GS Paper II — Constitutional, Statutory, Regulatory and various Quasi-judicial Bodies  |  GS Paper II — Functions and Responsibilities of the Union and the States  |  GS Paper II — Government Policies and Interventions for Development in various sectors  |  GS Paper III — Tribal Sub-plan and Special Central Assistance  |  GS Paper IV — Ethical Governance and Role of Civil Services
• Prelims: Scheduled Tribes (STs) and Article 342, National Commission for Scheduled Tribes (NCST), Constitutional provisions under Fifth and Sixth Schedules, Tribal Sub-Plan (TSP), Special Central Assistance (SCA), Forest Rights Act, 2006, PESA (Panchayats Extension to Scheduled Areas) Act, 1996
• Essay: Ethical governance and institutional accountability in tribal welfare, Balancing development and protection of tribal rights in India

Why is this in the news?

The meeting between the Chairperson and Members of the National Commission for Scheduled Tribes (NCST) with the Chief Minister of Tamil Nadu and the subsequent interaction with the Governor underscores the constitutional and institutional mechanisms for safeguarding the rights and welfare of Scheduled Tribes (STs) in the state. This engagement highlights the role of the NCST in monitoring the implementation of constitutional safeguards, addressing grievances, and ensuring the effective delivery of welfare schemes for tribal communities in Tamil Nadu.

Background

• The National Commission for Scheduled Tribes (NCST) is a statutory body established under Article 338A of the Constitution of India, following the 89th Constitutional Amendment Act, 2003, to protect, safeguard, and promote the rights of Scheduled Tribes (STs).
• The NCST replaced the erstwhile National Commission for Scheduled Castes and Scheduled Tribes, which was bifurcated to address the unique socio-economic and cultural challenges faced by STs.
• Tamil Nadu is home to a significant tribal population, including communities such as the Irula, Kurumba, and Paniya, who reside primarily in the hilly and forested regions of the Western and Eastern Ghats.
• The state government has implemented various welfare schemes, including the Tribal Sub-Plan (TSP) and Special Central Assistance (SCA), to address the developmental needs of tribal communities.
• The Fifth Schedule of the Constitution provides for the administration and control of Scheduled Areas and Scheduled Tribes in states other than the Sixth Schedule states, while the Sixth Schedule applies to certain tribal areas in Assam, Meghalaya, Tripura, and Mizoram.

What is the National Commission for Scheduled Tribes (NCST)?

• The NCST is a constitutional body established under Article 338A of the Constitution of India, mandated to investigate and monitor matters relating to the constitutional safeguards for Scheduled Tribes (STs) and to evaluate the working of such safeguards.
• The Commission consists of a Chairperson, Vice-Chairperson, and three other Members, all appointed by the President of India, with provisions for the inclusion of ST representatives to ensure adequate representation.
• The primary functions of the NCST include inquiring into specific complaints regarding the deprivation of rights and safeguards of STs, investigating and monitoring the implementation of constitutional and legal provisions for STs, and advising the Union and State Governments on measures to improve the socio-economic conditions of STs.
• [‘The NCST also participates in the planning process of socio-economic development of STs and evaluates the progress of development schemes, including the Tribal Sub-Plan (TSP) and Special Central Assistance (SCA).’, ‘The Commission submits annual reports to the President of India, which are laid before Parliament, and may also submit reports on specific issues as required.’, ‘The NCST has the power to summon witnesses, examine documents, and requisition public records for the discharge of its functions, akin to a civil court.’, ‘The Commission plays a pivotal role in addressing grievances related to land alienation, forest rights, and access to education and healthcare for tribal communities.’]

Key Features

Feature	Significance
Constitutional body interaction	Facilitates direct dialogue between the National Commission for Scheduled Tribes (NCST) and state executive leadership, ensuring constitutional safeguards for tribal communities are addressed at the highest administrative levels.
Multi-tiered engagement	Involves both the Chief Minister and the Governor, demonstrating the constitutional division of executive powers and the role of the Governor in tribal welfare governance.
Inter-departmental coordination	Presence of Chief Secretary, Social Justice Department Secretary, and Tribal Welfare Director underscores the need for integrated policy implementation across administrative hierarchies.
Tribal welfare focus	Direct engagement with tribal welfare authorities highlights the NCST’s role in monitoring constitutional provisions for Scheduled Tribes under Article 338-A.

Why it Matters

Constitutional and Legal

• The NCST, established under Article 338-A of the Constitution, functions as a statutory body to monitor the implementation of constitutional safeguards for Scheduled Tribes, including provisions under Articles 15(4), 16(4), 29(1), 46, 275(1), and 339(2).
• The meeting reinforces the constitutional mandate of the NCST to investigate and report on matters relating to the welfare and development of Scheduled Tribes, ensuring compliance with constitutional and legal provisions.
• The involvement of the Governor, as the constitutional head of the state, underscores the collaborative role of the state executive and the constitutional body in tribal governance.

Administrative and Governance

• The meeting exemplifies the principle of cooperative federalism, where the central constitutional body (NCST) interacts with state authorities to address implementation gaps in tribal welfare policies.
• It highlights the importance of inter-departmental coordination in addressing tribal development challenges, particularly in states with significant tribal populations.
• The presence of senior administrative officials (Chief Secretary, Tribal Welfare Director) indicates a structured approach to policy execution and grievance redressal for tribal communities.

Policy and Development

• The interaction provides an opportunity to assess the implementation of central and state schemes for Scheduled Tribes, such as the Tribal Sub-Plan (TSP) and the Pradhan Mantri Van Bandhu Kalyan Yojana (PM-VBKY).
• It enables the NCST to identify systemic issues in tribal welfare delivery, including land alienation, forest rights, and access to education and healthcare, which are critical for inclusive development.
• The meeting can serve as a platform to review the progress of constitutional provisions like the Fifth and Sixth Schedules, which govern tribal areas and their administration.

Challenges

1. Implementation Gaps in Tribal Welfare Policies

• Despite constitutional safeguards, delays in the implementation of welfare schemes for Scheduled Tribes persist due to administrative bottlenecks, lack of awareness, and insufficient resource allocation.
• Issues such as land alienation, forest rights violations, and inadequate access to education and healthcare remain persistent challenges, requiring systemic reforms.
• The lack of convergence between central and state schemes often leads to duplication or gaps in service delivery, particularly in tribal-dominated regions.

UPSC Link: GS-II: Constitutional bodies; Tribal welfare

2. Institutional Coordination and Capacity Building

• Weak institutional mechanisms for monitoring and evaluating tribal welfare schemes result in poor accountability and delayed redressal of grievances.
• Insufficient capacity of state tribal welfare departments to implement constitutional provisions and central schemes effectively hampers progress.
• The need for stronger coordination between the NCST, state governments, and local tribal institutions (e.g., Gram Sabhas) to ensure participatory governance.

UPSC Link: GS-II: Governance; Constitutional bodies

3. Legal and Constitutional Enforcement

• Enforcement of constitutional provisions such as the Fifth and Sixth Schedules remains weak due to lack of political will, administrative inertia, and judicial delays.
• Issues like the non-implementation of the Forest Rights Act (FRA), 2006, and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, persist despite judicial directives.
• The NCST’s recommendations are often non-binding, limiting their effectiveness in ensuring compliance with constitutional safeguards.

UPSC Link: GS-II: Constitutional provisions; Tribal rights

4. Socio-Economic Disparities

• Scheduled Tribes continue to face socio-economic disparities, including lower literacy rates, higher poverty levels, and limited access to basic amenities compared to the general population.
• The digital divide and lack of access to technology further exacerbate exclusion, particularly in remote tribal areas.
• Cultural and linguistic barriers often hinder effective policy implementation, requiring tailored and inclusive approaches.

UPSC Link: GS-I: Social empowerment; Tribal communities

5. Environmental and Land Rights Conflicts

• Tribal communities often face displacement due to developmental projects, mining, and infrastructure development, leading to conflicts over land and forest rights.
• The lack of clear land titles and encroachment issues in tribal areas complicate governance and service delivery.
• Environmental degradation and climate change disproportionately impact tribal communities, exacerbating vulnerabilities.

UPSC Link: GS-III: Environmental governance; Tribal rights

Challenges — UPSC Perspective

Issue	Concern
Implementation of welfare schemes	Delays and gaps in the delivery of constitutional and statutory benefits to Scheduled Tribes.
Forest rights violations	Non-recognition of individual and community forest rights under the FRA, 2006, leading to displacement and loss of livelihoods.
Land alienation	Illegal acquisition of tribal lands for developmental projects without adequate compensation or rehabilitation.
Administrative capacity	Insufficient resources and expertise in state tribal welfare departments to implement policies effectively.
Judicial delays	Prolonged legal proceedings in cases related to tribal rights, leading to erosion of justice.
Socio-economic disparities	Persistent gaps in education, healthcare, and economic opportunities for tribal communities.

Government Initiatives — Must-Memorise for Prelims

• Pradhan Mantri Van Bandhu Kalyan Yojana (PM-VBKY)
• Tribal Sub-Plan (TSP)
• Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

Way Forward

• Strengthen inter-departmental coordination between the NCST, state governments, and tribal welfare departments to ensure seamless implementation of constitutional provisions and welfare schemes.
• Enhance the capacity of state tribal welfare departments through training, resource allocation, and institutional reforms to improve policy execution.
• Accelerate the implementation of the Forest Rights Act (FRA), 2006, by streamlining the recognition of individual and community forest rights and resolving pending claims.
• Establish a robust grievance redressal mechanism within the NCST to address violations of tribal rights and ensure timely justice.
• Promote participatory governance by involving Gram Sabhas and tribal leaders in decision-making processes related to tribal welfare and development.
• Address socio-economic disparities through targeted interventions in education, healthcare, and livelihood generation for Scheduled Tribes.
• Ensure environmental sustainability by integrating tribal rights and ecological concerns into developmental planning and land-use policies.

UPSC Value Addition

Prelims Practice Questions

Q1. Consider the following statements regarding the National Commission for Scheduled Tribes (NCST):
1. The NCST is a constitutional body established under Article 338-A of the Constitution of India.
2. The Chairperson of the NCST is appointed by the President of India on the recommendation of the Prime Minister.
3. The NCST has the power to investigate and monitor matters relating to the constitutional safeguards for Scheduled Tribes.
4. The NCST submits its annual reports directly to the Parliament of India.

How many of the above statements are correct?

1. Only one
2. Only two
3. Only three
4. All

Answer: Only three — Statements 1 and 3 are correct. The NCST is indeed a constitutional body under Article 338-A. It has the power to investigate and monitor matters relating to constitutional safeguards for STs. Statement 2 is incorrect as the Chairperson is appointed by the President on the recommendation of the Central Government, not the Prime Minister. Statement 4 is incorrect as the NCST submits its reports to the President, who then places them before Parliament.

Q2. Assertion (A): The Governor of a State plays a significant role in the welfare of Scheduled Tribes (STs) through the constitutional provisions under Articles 338-A and 371.
Reason (R): The Governor has the power to refer matters relating to STs to the President of India for consideration under the Fifth and Sixth Schedules of the Constitution.

Options:
A. Both A and R are true, and R is the correct explanation of A.
B. Both A and R are true, but R is not the correct explanation of A.
C. A is true, but R is false.
D. A is false, but R is true.

Answer: ? — Assertion (A) is true as the Governor does play a role in tribal welfare through constitutional provisions. Reason (R) is also true, but it is not the correct explanation of A. The Governor’s role in tribal welfare is primarily through the Fifth and Sixth Schedules, but the power to refer matters to the President is a separate constitutional function.

Q3. Match the following constitutional provisions with their respective roles in tribal welfare governance:

Column I (Provision) | Column II (Role)
1. Article 338-A | A. Establishes the National Commission for Scheduled Tribes (NCST)
2. Fifth Schedule | B. Provides for the administration and control of Scheduled Areas and Scheduled Tribes
3. Sixth Schedule | C. Deals with the administration of tribal areas in certain States
4. Article 275 | D. Grants special financial assistance to States for tribal welfare

Options:
A. 1-A, 2-B, 3-C, 4-D
B. 1-B, 2-A, 3-D, 4-C
C. 1-C, 2-D, 3-A, 4-B
D. 1-D, 2-C, 3-B, 4-A

1. A
2. B
3. C
4. D

Answer: A — The correct match is: 1-A (Article 338-A establishes the NCST), 2-B (Fifth Schedule provides for administration and control of Scheduled Areas and Tribes), 3-C (Sixth Schedule deals with administration of tribal areas in certain States), and 4-D (Article 275 grants special financial assistance to States for tribal welfare).

Mains Practice Question

✍ The National Commission for Scheduled Tribes (NCST) functions as a critical institutional mechanism for safeguarding the rights and welfare of Scheduled Tribes (STs) in India. Critically examine the constitutional provisions governing the NCST, its composition, powers, and limitations. Also, analyse the significance of inter-governmental coordination between the Union and State governments in tribal welfare governance. (15 Marks)

Approach: MODEL-ANSWER SKELETON:

1. **Constitutional Provisions Governing NCST (4 points)**
– **Article 338-A**: Establishes the NCST as a constitutional body to investigate and monitor matters relating to constitutional safeguards for STs.
– **Composition**: Chairperson, Vice-Chairperson, and five other members appointed by the President; includes representation from ST communities.
– **Powers**: Powers of a civil court, including summoning witnesses, examining documents, and receiving evidence.
– **Limitations**: No executive or judicial powers; recommendations are advisory; dependence on government machinery for implementation.

2. **Inter-Governmental Coordination (5 points)**
– **Union-State Relations**: Role of the Union Government in framing policies (e.g., Tribal Sub-Plan) and financial assistance (Article 275).
– **State Government Role**: Implementation of welfare schemes, land rights, and local governance under Fifth and Sixth Schedules.
– **NCST’s Role**: Acts as a bridge between the Union and States, submitting reports to the President and Parliament.
– **Challenges**: Divergent priorities, lack of uniform implementation, and bureaucratic delays.
– **Recent Initiatives**: Reference to the NCST’s meetings with State Governments (e.g., Tamil Nadu) to address local tribal issues.

3. **Significance and Way Forward (6 points)**
– **Significance**: Ensures accountability, addresses grievances, and promotes inclusive development.
– **Way Forward**: Strengthening the NCST’s autonomy, enhancing State-level coordination, and leveraging technology for monitoring.
– **Judicial Precedents**: Reference to Supreme Court judgments on tribal rights (e.g., Samatha v. State of Andhra Pradesh).
– **Comparative Analysis**: Contrast with other constitutional bodies like the National Commission for Scheduled Castes (NCSC).
– **Policy Recommendations**: Need for data-driven policy-making and community participation.
– **Conclusion**: Emphasise the need for a balanced federal approach to tribal welfare.

Source: The Hindu

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