Constitutional Basis

The National Commission for Scheduled Tribes (NCST) is a constitutional body established directly by Article 338-A of the Indian Constitution.

Separate Commission for STs

• 65th Constitutional Amendment Act, 1990:
  • Established the National Commission for SCs and STs under Article 338 to monitor safeguards for SCs and STs.
• Need for Separate Commission:
  • STs have distinct geographical, cultural, and developmental challenges compared to SCs.
  • In 1999, the Ministry of Tribal Affairs was created to focus on ST welfare and development.
  • It was deemed necessary to have a dedicated commission for STs to coordinate activities and address their specific needs.
• 89th Constitutional Amendment Act, 2003:
  • This amendment bifurcated the combined National Commission for SCs and STs into two separate bodies: the National Commission for Scheduled Castes (under Article 338) and the National Commission for Scheduled Tribes (under Article 338-A).
• Formation:
  • The NCST came into existence in 2004, comprising a chairperson, a vice-chairperson, and three other members appointed by the President. Their service conditions and tenure are determined by the President.

Functions of the Commission

The NCST is responsible for:

1. Investigate and Monitor: All matters related to constitutional and legal safeguards for STs and evaluate their effectiveness.
2. Inquiry: Specific complaints regarding the deprivation of ST rights and safeguards.
3. Advise on Planning: Participate in and advise on the planning process for the socio-economic development of STs and evaluate their progress.
4. Report to President: Present annual and other reports to the President on the working of these safeguards.
5. Recommendations: Suggest measures for the effective implementation of safeguards and other measures for the protection, welfare, and socio-economic development of STs.
6. Additional Functions: Other functions related to the protection, welfare, and development of STs as specified by the President.

Additional Functions Specified by the President (2005)

1. Ownership Rights: Confer ownership rights for minor forest produce to STs living in forest areas.
2. Resource Rights: Safeguard tribal communities’ rights over mineral and water resources.
3. Development and Livelihood: Enhance development and viable livelihood strategies for tribals.
4. Relief and Rehabilitation: Improve relief and rehabilitation measures for tribals displaced by development projects.
5. Land Alienation: Prevent alienation of tribal lands and rehabilitate those already affected.
6. Forest Protection: Engage tribal communities in forest protection and social afforestation.
7. Panchayats (Extension to Scheduled Areas) Act, 1996: Ensure full implementation.
8. Shifting Cultivation: Reduce and ultimately eliminate shifting cultivation practices to prevent land degradation and disempowerment of tribals.

Report of the Commission

• The NCST submits an annual report to the President and can submit additional reports as needed.
• Parliament and State Legislatures:
  • The President presents these reports to Parliament with a memorandum detailing actions taken on the recommendations and reasons for any non-acceptance.
  • Reports pertaining to state governments are forwarded to state governors, who present them to state legislatures with similar memoranda.

Powers of the Commission

The NCST has the authority to regulate its own procedures and holds the powers of a civil court in matters such as:

1. Summoning and Examination: Summoning individuals and examining them under oath.
2. Document Discovery and Production: Requiring the discovery and production of documents.
3. Evidence on Affidavits: Receiving evidence on affidavits.
4. Public Record Requisition: Requisitioning public records from courts or offices.
5. Summons for Examination: Issuing summons for the examination of witnesses and documents.
6. Additional Matters: Any other matters determined by the President.