Protecting Tribal Rights by Constitutional Mandate: The National Commission for Scheduled Tribes

National Commission for Scheduled Tribes

The National Commission for Scheduled Tribes (NCST) derives its existence directly from Article 338-A of the Constitution, placing it firmly in the category of constitutional bodies. Article 338-A is part of Part XVI of the Constitution, which deals with 'Special Provisions Relating to Certain Classes.' It was inserted by the 89th Constitutional Amendment Act of 2003, which came into force on 19 February 2004.

---

Originally, a single combined body — the National Commission for SCs and STs — was created under Article 338 following the 65th Constitutional Amendment Act of 1990 (which came into force on 12 March 1992). Its mandate was to monitor safeguards available to both Scheduled Castes and Scheduled Tribes under the Constitution and other laws.

However, the situation on the ground demanded a rethink:

• STs are geographically and culturally distinct from SCs. Their problems — displacement, forest rights, shifting cultivation, mineral alienation — are unique and require specialized attention.
• In 1999, the government created a dedicated Ministry of Tribal Affairs to sharpen focus on tribal welfare. The Ministry of Social Justice and Empowerment, which handled SC affairs, could not effectively manage ST affairs alongside.
• Administratively, a bifurcation became essential so that each commission could devote full institutional energy to its respective community.

This led to the 89th Amendment splitting the combined commission into two — a separate National Commission for SCs (under the amended Article 338) and a new National Commission for STs (under the newly inserted Article 338-A). The NCST became operational in 2004.

---

The Commission consists of:

• A Chairperson
• A Vice-Chairperson
• Three other Members

All five are appointed by the President by warrant under his hand and seal. Their conditions of service and tenure of office are also determined by the President. Under the applicable Rules, members hold office for a term of three years.

---

The NCST performs the following primary functions:

1. Investigation and Monitoring – It examines all matters related to constitutional and statutory safeguards for STs and assesses how effectively they are being implemented.
2. Inquiry into Complaints – It looks into specific grievances regarding deprivation of rights and protections guaranteed to STs.
3. Advisory Role in Development Planning – It participates in and advises on the socio-economic development planning for STs and evaluates the progress of development programmes run by the Union or any state.
4. Annual Reports to the President – It submits a report every year, and may also submit special reports whenever it deems fit, on the working of safeguards for STs.
5. Recommendations – It recommends measures to the Union and state governments for more effective implementation of safeguards, as well as for broader protection, welfare, and development of STs.
6. Other Presidential Assignments – It discharges any additional functions relating to ST welfare and advancement as the President may specify from time to time.

---

In 2005, through the National Commission for Scheduled Tribes (Specification of Other Functions) Rules, 2005, the President assigned the following additional responsibilities to the NCST:

• Ownership rights over minor forest produce for STs living in forest areas.
• Safeguarding tribal rights over mineral and water resources in accordance with the law.
• Viable livelihood strategies for tribal development.
• Relief and rehabilitation of tribal communities displaced by development projects.
• Prevention of land alienation from tribals, and effective rehabilitation where alienation has already occurred.
• Cooperation in forest conservation and promotion of social afforestation by tribal communities.
• Implementation of PESA — ensuring full enforcement of the Provisions of Panchayats (Extension to Scheduled Areas) Act, 1996.
• Reduction of shifting cultivation — measures to phase out this practice, which contributes to tribal disempowerment and environmental degradation.

These additional functions reflect the multidimensional nature of tribal issues — spanning land, forests, livelihoods, governance, and ecology.

---

The reporting structure ensures both parliamentary and legislative oversight:

• The Commission submits an annual report to the President. It may also submit special reports at its discretion.
• The President lays all such reports before Parliament, along with a memorandum explaining:
  • Action taken on the Commission's recommendations.
  • Reasons for non-acceptance of any recommendation.
• When a report concerns a state government, the President forwards it to the Governor of that state, who then places it before the state legislature along with a similar memorandum.

This dual-track reporting mechanism ensures accountability at both the central and state levels.

---

The NCST has the authority to regulate its own procedure. More significantly, when investigating any matter or inquiring into any complaint, it exercises the powers of a civil court trying a suit, including the power to:

• Summon and enforce attendance of any person from anywhere in India and examine them on oath.
• Direct discovery and production of documents.
• Accept evidence given by affidavit.
• Requisition public records from any court or office.
• Issue summons for examining witnesses and documents.
• Exercise any additional power the President may specify.

Furthermore, both the Central and state governments are constitutionally required to consult the Commission on all major policy matters affecting Scheduled Tribes — giving the NCST a mandatory advisory role in executive decision-making.

---

Common Trap: The NCST is established under Article 338-A, not Article 338. Article 338 governs the National Commission for SCs after bifurcation.

Another Trap: The 65th Amendment created the combined SC/ST commission; the 89th Amendment bifurcated it.