National Commission for Scheduled Tribes
Just as the National Commission for Scheduled Castes (SCs) enjoys constitutional status, so too does the National Commission for Scheduled Tribes (STs). This body owes its creation directly to Article 338A of the Indian Constitution, which empowers it to investigate and address matters concerning the safeguards provided for Scheduled Tribes.
Evolution of a Dedicated Institution for Scheduled Tribes
The National Commission for Scheduled Castes (SCs) and Scheduled Tribes (STs) was established through the 65th Constitutional Amendment Act, 1990, under Article 338 of the Constitution. Its primary mandate was to oversee and monitor all constitutional and legal safeguards provided for both SCs and STs, ensuring their effective implementation.
However, Scheduled Tribes present unique geographical, cultural, and socio-economic challenges that differ markedly from those faced by Scheduled Castes. Recognizing this, the government created a dedicated Ministry of Tribal Affairs in 1999 to sharpen focus on ST welfare and development. This move addressed the administrative limitations of the Ministry of Social Justice and Empowerment, which could not effectively coordinate all ST-related initiatives.
To further strengthen protections for STs, the existing joint commission was bifurcated. The 89th Constitutional Amendment Act, 2003 amended Article 338 and introduced a new Article 338A, paving the way for a standalone National Commission for Scheduled Tribes (NCST). The NCST formally commenced operations in 2004.
Comprising a Chairperson, a Vice-Chairperson, and three other members, the commission is appointed by the President through a warrant under his hand and seal. The President also determines their conditions of service and tenure, underscoring the institution's high-level autonomy and accountability.
Functions and Duties of NCST
The National Commission for Scheduled Tribes (NCST) serves as a vigilant guardian of Scheduled Tribes (STs) rights, with a mandate encompassing investigation, monitoring, and advisory roles. It systematically probes and oversees all matters tied to constitutional and legal safeguards for STs, rigorously evaluating their implementation. The Commission also delves into specific complaints alleging the deprivation of these rights, ensuring accountability where protections fall short.
Beyond oversight, the NCST actively shapes socio-economic progress for STs. It participates in the planning processes at both Union and State levels, offering expert advice while periodically assessing developmental advancements. To drive action, the Commission submits annual reports—along with additional ones as needed—to the President, detailing the efficacy of existing safeguards.
Finally, it recommends concrete measures for the Union or States to enforce these protections effectively, while proposing further initiatives for the welfare, protection, and all-round advancement of STs. The President may also entrust it with any other related functions, broadening its impact on tribal upliftment.
Other Functions of the Commission
In 2005, the President outlined a comprehensive set of additional functions for the National Commission for Scheduled Tribes (NCST), focusing on the protection, welfare, development, and advancement of Scheduled Tribes (STs). These directives emphasize proactive measures to secure land rights, promote sustainable livelihoods, ensure effective rehabilitation, and foster community involvement in environmental conservation.
Key among these are steps to confer ownership rights over minor forest produce on STs residing in forest areas, alongside safeguards for their legal entitlements to mineral resources, water sources, and similar assets. The Commission is also tasked with advancing tribal development through viable livelihood strategies and preventing the alienation of tribal lands, including robust rehabilitation for those already displaced. This extends to enhancing relief and rehabilitation processes for communities uprooted by development projects.
Further responsibilities include securing maximum cooperation from tribal communities in forest protection and social afforestation efforts. The Commission must diligently oversee the full implementation of the Panchayats (Extension to Scheduled Areas) Act, 1996, or PESA, which empowers local governance in tribal regions. Finally, it is directed to reduce—and ultimately eradicate—shifting cultivation practices among tribals, which perpetuate disempowerment, land degradation, and environmental harm. Together, these functions position the NCST as a vital guardian of tribal interests in India's evolving socio-economic landscape.
Reporting Mechanism of the Commission
The Commission submits an annual report to the President, along with any additional reports it deems necessary at other times. This structured reporting ensures regular oversight and accountability.
The President lays all such reports before Parliament, accompanied by a memorandum. This memorandum details the actions taken on the Commission's recommendations and provides clear reasons for rejecting any of them, promoting transparency in governmental responses.
For reports concerning a specific state government, the President forwards them to the relevant state Governor. The Governor, in turn, presents these before the state legislature, including a similar memorandum that outlines the actions implemented and justifies any non-acceptance of the recommendations. This dual-channel process bridges national and state-level accountability.
Powers and Procedures of NCST
The National Commission for Scheduled Tribes (NCST) wields substantial autonomy in conducting its affairs, empowered to regulate its own procedures as needed. This flexibility ensures efficient handling of its mandate to safeguard the rights and welfare of Scheduled Tribes.
When investigating matters or inquiring into complaints, the Commission exercises the full authority of a civil court trying a suit. Its powers encompass summoning and enforcing the attendance of any person from across India, and examining them on oath; compelling the discovery and production of documents; accepting evidence through affidavits; requisitioning public records from courts or offices; and issuing summons for the examination of witnesses or documents. Additionally, the President may prescribe authority over any other relevant matters, broadening the Commission's reach as circumstances demand.
Beyond these judicial-like powers, the Commission plays a pivotal advisory role. Both the Central and state governments must consult it on all major policy decisions impacting Scheduled Tribes, ensuring tribal perspectives shape national and regional strategies.