All four top posts at the National Commission for Scheduled Tribes (NCST) are currently held by persons with long careers as politicians of the Bharatiya Janata Party (BJP), according to resumes examined by EastMojo.
The NCST is a constitutional body under Article 338A of the Indian Constitution. It is meant to oversee the implementation of various safeguards provided to Scheduled Tribes under the Constitution.
Overall, there are five top posts at NCST: chairperson, vice-chairperson and three other members. The post of the vice-chairperson is currently vacant.
Antar Singh Arya, the NCST chairperson, was previously a BJP minister in Madhya Pradesh. Jatothu Hussain, one of the members, served as state president for Scheduled Tribes (ST) morcha in the state unit of the BJP. In fact, Hussain’s resume lists explicitly and in laudatory language his contributions to the BJP party like his campaigns for #MeraParivarBJPParivar and promoting #MannkiBaat programmes and the Namo app among BJP cadre.
Asha Lakra, another member, was previously a BJP mayor in Ranchi and is also a BJP National Secretary at present. Effectively, she simultaneously holds a constitutional and a party post, raising concerns about conflict of interest. And the last member, Nirupam Chakma, has previously served as vice-president and a national council member of BJP’s state unit in Mizoram and the district president representing BJP in the Chakma Autonomous District Council in Mizoram.
Rules governing conditions of services and tenure for NCST members do not specifically bar persons with political affiliation or from political parties. But the present situation does raise some serious ethical considerations.
Shomona Khanna, an advocate practising in the Supreme Court and Delhi High court said officials appointed to a constitutional body like the NCST must be persons of “unimpeachable integrity” who hold “a demonstrable non-partisan commitment” to the advancement of the Scheduled Tribes as mandated by the Indian constitution and statutory laws like the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and the Forest Rights Act, 2006. Khanna previously served as a legal advisor to the ministry of tribal affairs.
However, the present NCST members have long careers as politicians in the BJP, and hold important clout in the electoral mechanism of the party, whether as elected representatives in Legislative Assemblies and District Councils, or leadership positions in the party’s election coordination.
“It is difficult to comprehend how they will be able to discharge their constitutional obligations as members of the NCST when they are so closely entwined in the party’s electoral activities,” Khanna said. She also added that the rule of ‘one person one post’ must also be applied to ensure effective discharge of constitutional duties and to avoid situations like holding posts in political parties simultaneously.
Echoing similar concerns, Ashok Pai, former joint secretary at the Ministry of Tribal Affairs told EastMojo: “Political morality is a scarce commodity amongst political parties. A Member of NCST is a constitutional position, whereas that of party general secretary is not… it’s not even a statutory position. Holding a constitutional position and also a party position should be avoided even if it is technically not illegal.”
This reporter emailed NCST members about conflict of interest concerns raised above. The copy will be updated if and when we receive a response.
History of constitutional bodies
The NCST is an autonomous constitutional office, and has its historical roots in the constitutional office of the National Commission for Scheduled Castes and Scheduled Tribes. The only other such commissions which find mention in the Constitution, and are appointed as well as function directly under the President of India, are the National Commission for Scheduled Castes (NCSC) and the National Commission for Backward Classes (NCBC).
All other commissions, such as the National Commission for Human Rights (NCHR), National Commission for Women (NCW) etc are statutory bodies i.e. the NCHR draws its powers from the Protection of Human Rights Act, 1993 while NCW from the National Commission for Women Act, 1990.
In the past, the ruling parties have nominated persons who were members or had direct allegiance with the political parties to constitutional positions. For instance, Rameshwar Oraon, a retired officer from the Indian Police Service joined the Indian National Congress and was appointed as the chairperson of the NCST twice between 2010 and 2017. But the present situation where all top posts are affiliated with the ruling party in the county is unprecedented.
“There was no question of rejecting someone on the grounds that they belonged to a political party,” said KC Deo, former union minister at the Ministry of Tribal Affairs (MoTA). MOTA is in-charge of making appointments to the NCST based on suggestions by a host of groups, including those working in civil society on tribal rights issues. “But there was certainly no case where all top members were related to the ruling party,” Deo pointed out, adding: “What we looked at was whether there was a regional representation from different tribal communities and whether the members had good experience on the ground.”
“Members of NCST step into the shoes of stalwarts like the late Dr. B. D. Sharma, whose seminal report in 1989 to the President of India on the condition of Scheduled Tribes became the foundation on which were built the legal protections for Scheduled Areas and Scheduled Tribes today. Are the members of the NCST today free to even aspire to such a role?” Khanna asked.
Also Read: Vacancies galore at constitutional tribal body, key reports unpublished
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