Notification of appointment of Chairperson and Member in NCST

## Report on Notification Regarding Appointments in the National Commission for Scheduled Tribes **1. Executive Summary:** This report analyzes a notification issued by the Ministry of Tribal Affairs on September 15, 2021, regarding appointments to the National Commission for Scheduled Tribes (NCST). The notification details the appointment of a Chairperson and a Member to the NCST for a term of three years, effective from their respective assumption of office in February 2021. The key finding is that the notification serves as a formal record of these appointments, ensuring the NCST's operational capacity. **2. Introduction:** This report provides an overview of a notification (S.O. 3786E) issued by the Ministry of Tribal Affairs, specifically concerning the appointments of a Chairperson and a Member to the National Commission for Scheduled Tribes. The analysis is based solely on the information provided within the notification text. **3. Policy Overview:** The notification does not amend an existing policy, but rather implements provisions related to the National Commission for Scheduled Tribes Chairperson, Vice-Chairperson and Members Conditions of Service and Tenure Rules, 2004, as indicated by the reference to "subrule 1 of rule 4". The core objective, as inferred from the text, is to fill key positions within the NCST to ensure its effective functioning. **4. Background and Rationale:** As this is not an amendment, the section will cover likely problems/issues being addressed with the new policy: The notification addresses the need to have a fully functional National Commission for Scheduled Tribes. The absence of a Chairperson and/or Members would impede the Commission's ability to fulfill its constitutional mandate under Article 338A. The appointments ensure the NCST can effectively address issues concerning the Scheduled Tribes. **5. Key Provisions / Changes:** As this policy establishes a new action the key provisions are detailed: * **Appointments:** The notification formally announces the appointment of: * Shri Harsh Chouhan as Chairperson of the NCST, effective February 25, 2021 (forenoon). * Shri Ananta Nayak as Member of the NCST, effective February 25, 2021 (forenoon). * **Term Length:** Both appointments are for a term of three years. * **Legal Basis:** The appointments are made in pursuance of the Warrant of Appointments issued by the President of India on the 16th February, 2021. * **Constitutional Basis**: These appointments are justified by the powers vested in the President under clause 3 of article 338A of the Constitution read with subrule 1 of rule 4 of the National Commission for Scheduled Tribes Chairperson, ViceChairperson and Members Conditions of Service and Tenure Rules, 2004. **6. Target Audience and Stakeholders:** The primary stakeholders affected by this notification include: * **The National Commission for Scheduled Tribes:** The appointments directly impact the composition and operational capacity of the NCST. * **The Ministry of Tribal Affairs:** The Ministry is responsible for the implementation of policies related to Scheduled Tribes, and the NCST assists in this process. * **Scheduled Tribe Communities:** The NCST is mandated to safeguard the interests of Scheduled Tribes, and these appointments ensure the Commission can effectively carry out its duties. * **Government of India Press and Controller of Publications, Delhi**: Those are the entities responsible for the official publication of the notification. **7. Implementation Aspects (Inferred):** * **Responsible Agency:** The Ministry of Tribal Affairs is the responsible agency, having issued the notification. The President of India is involved through the Warrant of Appointments. * **Timelines:** The appointments are effective from February 25, 2021, and last for a term of three years. * **Procedures:** The appointments follow the procedures outlined in the National Commission for Scheduled Tribes Chairperson, Vice-Chairperson and Members Conditions of Service and Tenure Rules, 2004, and are based on the President's warrant. **8. Expected Outcomes / Impact of Changes:** The likely intended outcomes of these appointments include: * **Enhanced Functioning of NCST:** The appointments ensure that the NCST is fully staffed and capable of performing its mandated functions. * **Improved Protection of ST Interests:** With a functional NCST, the interests and rights of Scheduled Tribes are more effectively safeguarded. * **Effective Policy Implementation:** The NCST can provide valuable input and oversight in the implementation of policies and programs related to Scheduled Tribes. **9. Conclusion:** The notification regarding the appointment of a Chairperson and a Member to the National Commission for Scheduled Tribes is a significant step towards ensuring the effective functioning of the Commission. These appointments are crucial for the NCST to fulfill its constitutional mandate and safeguard the interests of Scheduled Tribe communities. The notification serves as a formal record of these appointments and highlights the government's commitment to the welfare of Scheduled Tribes.

Key Entities Referenced