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Analysis Of Yojana Magazine: The National Commission for Scheduled Tribes | Yojana July 2022 Gist

Yojana Magazine is a very important and indispensable source for UPSC Civil Services Exam Preparation. Here, we come with ”Analysis Of Yojana Magazine” which covers the monthly Yojana Magazine keeping in mind the demand of UPSC, particularly from the topics of important government schemes.

In ‘‘Analysis Of Yojana Magazine,” we cover each and every topic of the Yojana edition of a particular month and provide an easy-to-understand gist.

This topic-wise analysis is prepared from the July 2022 edition of the monthly Yojana Magazine.

 

The National Commission for Scheduled Tribes: Introduction

 

  • There are over 730 Scheduled Tribes (STs) notified under Article 342 of the Constitution of India, spread over different States and Union Territories (UTs) of the Country.
  • The National Commission for Scheduled Tribes have been set up under Article 338A of the Constitution of India.

 

The National Commission for Scheduled Tribes: Who are Scheduled Tribes?

 

  • The framers of the Constitution took note of the fact that certain communities in the country were suffering from extreme social, educational and economic backwardness on account of the primitive agricultural practices, lack of infrastructure facilities and geographical isolation.
  • The Constitution of India in Article 366 (25) prescribe that the Scheduled Tribes means such tribes or tribal communities as are deemed under Article 342 of the Constitution to be Scheduled Tribes.

 

National Commission for Scheduled Tribes: Functions

 

The functions of National Commission for Scheduled Tribes are given below:

The Sub-clause (5) of the Article 338A of the Constitution of India provides that it shall be the duty of the National Commission for Scheduled Tribes as under:-

  1. To investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any order of the Government and to evaluate the working of such safeguards;
  2. To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled tribes;
  3. To participate and advise on the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State;
  4. To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
  5. To make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled tribes; and
  6. To discharge such other functions insulation to the protection, welfare and development and advancement of the Scheduled tribes as the President may, subject to the provision of any law made by Parliament by rule specify.

Functions Under National Commission for Scheduled Tribes (Specification of other function) Rules, 2005

  • In addition, in exercise of the powers conferred by sub-clause (f) of clause 5 of article 338A of the Commission, the National Commission for Scheduled Tribes (Specification of other function) Rules, 2005 provide for the following other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes, namely:-
  1. Measures that need to be taken over conferring ownership rights in respect of minor forest produce to STs living in forest areas.
  2. Measures to be taken safeguard rights of the tribal communities over mineral resources, water resources etc. as laid down by law.
  3. Measures to be taken for the development of tribal to plug loopholes and to work more viable livelihood strategies.
  4. Measures to be taken to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects.
  5. 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.
  6. Measures to be taken to elicit maximum cooperation and involvement of tribal communities for protecting forests and undertaking social afforestation.
  7. Measures to be taken to ensure full implementation of the provision of Panchayat (Extension to Scheduled Areas) Act, 1996.
  8. Measures to be taken to reduce and ultimately eliminate the practice of shifting cultivation by tribal that lead to their continuous disempowerment and degradation of land and the environment.

 

The National Commission for Scheduled Tribes: Composition

 

  • The National Commission for Scheduled Tribes has a Chairperson, a Vice-Chairperson and three other Members. At least one other Member shall be appointed from amongst women.
  • The Chairperson, Vice-Chairperson and other Members of the Commission are appointed by the President by warrant under his hand and seal.
  • The Chairperson, the Vice-Chairperson and the other Members shall hold office for a term of three years from the date on which he/ she assumes such office.

 

National Commission for Scheduled Tribes: Conditions of service and tenure?

 

  • The conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members of the National Commission for Scheduled Tribes are governed by the National Commission for Scheduled Tribes Chairperson, Vice-Chairperson and Members (Conditions of Service and Tenure) Rules, 2004 notified by the Ministry of Tribal Affairs on 20 February 2004.
  • These Rules, inter alia, provide that:
    • The Chairperson shall be appointed from amongst eminent social-political workers belonging to the Scheduled Tribes, who inspire confidence amongst the Scheduled Tribes by their very personality and record of selfless service;
    • The Vice-Chairperson and all other Members out of whom at least two shall be appointed from amongst persons belonging to the Scheduled Tribes;
    • At least one other Member shall be appointed from amongst women.
    • The Chairperson, the Vice-Chairperson and the other Members shall hold office for a term of three years from the date on which he/ she assumes such office.
    • The Chairperson, the Vice-Chairperson and the other Members shall not be eligible for appointment for more than two terms.
    • The Chairperson shall have the rank of a Cabinet Minister and the Vice-Chairperson that of Minister of State and other Members shall have the rank of a Secretary to the Government of India unless otherwise specified.
    • The Chairperson, the Vice-Chairperson and other Members shall be entitled to such salaries and allowances as admissible to a Secretary to the Government of India.
    • Provided that the Chairperson shall be entitled to a rent-free accommodation.

 

 

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