National Commission for Scheduled Tribes (NCST)
National Commission for Scheduled Tribes (NCST)
Introduction
The National Commission for Scheduled Tribes (NCST) is a constitutional body established under Article 338A of the Indian Constitution. It serves as a watchdog body for the protection of rights and interests of Scheduled Tribes (STs) in India. The commission was established in 2004 following the 89th Constitutional Amendment Act of 2003, which bifurcated the erstwhile National Commission for Scheduled Castes and Scheduled Tribes into two separate entities.
Constitutional Provisions
Article 338A – National Commission for Scheduled Tribes
Background: Originally, Article 338 provided for a Special Officer for Scheduled Castes and Scheduled Tribes. The 65th Constitutional Amendment Act of 1990 established the National Commission for SCs and STs under Article 338. Later, the 89th Constitutional Amendment Act of 2003 created separate commissions.
Key Features:
Article 338A came into force on 19 February 2004
Replaced the combined commission with two distinct bodies:
National Commission for Scheduled Castes (NCSC) under Article 338
National Commission for Scheduled Tribes (NCST) under Article 338A
Composition of NCST
Structure
The NCST consists of: (1 +1 +3)
One Chairperson
One Vice-Chairperson
Three other full-time Members
At least one member must be a woman
Appointment Process
All members are appointed by the President of India by warrant under his hand and seal
The President determines their conditions of service and tenure
Tenure and Status
Term of Office: 3 years from the date of assumption of charge
Reappointment: Members are not eligible for appointment for more than two terms
Rank:
Chairperson has the rank of Union Cabinet Minister
Vice-Chairperson has the rank of Minister of State
Other members have the rank of Secretary to Government of India
Current Composition (2024-25)
Current Chairperson: Antar Singh Arya
The commission currently functions with less than 50% of its sanctioned strength
Functions and Duties of NCST
According to Clause 5 of Article 338A, the NCST has the following duties:
Primary Functions
Investigation and Monitoring: Investigate and monitor all matters relating to constitutional safeguards for STs and evaluate their working
Complaint Investigation: Inquire into specific complaints regarding deprivation of rights and safeguards of STs
Planning and Development: Participate and advise in the socio-economic development planning process for STs and evaluate progress
Annual Reporting: Present annual reports to the President on the working of safeguards for STs
Policy Recommendations: Make recommendations for effective implementation of safeguards and measures for protection, welfare, and socio-economic development of STs
Additional Functions: Discharge other functions as specified by the President through rules made by Parliament
Specific Responsibilities
Safeguarding rights regarding water resources and mineral resources
Formulating viable livelihood strategies for STs
Rehabilitation and relief when displaced by government projects
Forest protection and afforestation measures
Elimination of shifting cultivation practices
Powers of NCST
Civil Court Powers
Under Article 338A(8), the NCST has all powers of a civil court trying a suit, particularly:
Summoning Powers: Summoning and enforcing attendance of any person from any part of India and examining on oath
Document Production: Requiring discovery and production of any documents
Evidence Collection: Receiving evidence on affidavits
Record Requisition: Requisitioning any public record or copy thereof from any court or office
Commission Powers: Issuing commissions for examination of witnesses and documents
Additional Powers: Any other matter which the President may determine by rule
Constitutional Advisory Role
Article 338A(9) mandates that the Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.
Constitutional Safeguards for Scheduled Tribes
Definition of Scheduled Tribes
According to Article 366(25), Scheduled Tribes are those communities scheduled in accordance with Article 342 of the Constitution. Article 342 empowers the President to notify tribes or tribal communities as Scheduled Tribes.
Educational and Cultural Safeguards
Article 350A – Mother Tongue Education
States must endeavor to provide adequate facilities for instruction in mother tongue at primary stage for children belonging to linguistic minority groups
The President may issue directions to states for securing such facilities
Article 29 – Cultural Protection
Right of citizens to preserve their distinct language, script, or culture
No denial of admission to educational institutions on grounds of religion, race, caste, or languag
Political Safeguards
Article 330: Reservation of seats in Lok Sabha
Article 332: Reservation in State Legislative Assemblies
Articles 243D & 243T: Reservation in Panchayats and Municipalities
Administrative Safeguards
Fifth Schedule Areas
The Fifth Schedule contains provisions for administration and control of Scheduled Areas:
Governor’s special role in Scheduled Areas
Tribes Advisory Council (TAC) for welfare and advancement
PESA Act 1996 extends Panchayati Raj to Scheduled Areas
Article 164
Provides for a Minister-in-charge of tribal welfare in states of Jharkhand, Odisha, Chhattisgarh, and Madhya Pradesh.
PESA Act 1996
Background
The Panchayats Extension to Scheduled Areas (PESA) Act 1996 was enacted on 24 December 1996 to enable tribal self-rule in Fifth Schedule areas.
Key Provisions
Establishes Gram Sabha with special powers
Protection of land rights of tribal communities
Control over natural resources, minor forest produce
Consultation requirement for land acquisition
Rights over local markets, prohibition, and liquor distillation
Current Challenges
Structural Issues
Under-staffing: Commission functioning with less than 50% sanctioned strength
Limited coverage: Tribal communities in non-scheduled areas not covered
Resource constraints: Insufficient resources for effective functioning
Implementation Challenges
Lack of awareness: Many tribal communities unaware of NCST provisions
Political interference: Decisions often subject to external pressure
Conflicts with other laws: PESA sometimes conflicts with Forest Rights Act and Wildlife Protection Act
Recent Developments
22nd Foundation Day (2025)
The NCST celebrated its 22nd Foundation Day on 19 February 2025, highlighting its role in implementing the Forest Rights Act and ensuring social justice.
Current Focus Areas
100-day action plan to review progress across states
Tribal development and skill enhancement programs
Entrepreneurship development for tribal communities
Conclusion
The National Commission for Scheduled Tribes serves as a crucial constitutional mechanism for protecting and promoting the rights of India’s tribal population. Despite facing operational challenges, it continues to play a vital role in policy monitoring, grievance redressal, and advocacy for tribal welfare. The commission’s effectiveness depends on adequate staffing, resource allocation, and genuine consultation by governments on matters affecting Scheduled Tribes.
Key Points for UPSC:
Constitutional body under Article 338A (89th Amendment, 2003)
Civil court powers for investigation and inquiry
Mandatory consultation on major policy matters
Integration with Fifth Schedule provisions and PESA Act
Current challenges in implementation and coverage
