National Commission for Scheduled Tribes (NCST) – Functions, Powers, Composition | UPSC Notes

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National Commission for Scheduled Tribes (NCST) – Functions, Powers, Composition | UPSC Notes

National Commission for Scheduled Tribes (NCST)

Introduction

The National Commission for Scheduled Tribes (NCST) is a constitutional body established to safeguard the rights and interests of Scheduled Tribes (STs) in India. It plays a crucial role in protecting tribal communities from exploitation, ensuring their socio-economic development, and preserving their distinct culture and identity. The Commission acts as a watchdog to monitor the implementation of constitutional safeguards and welfare programmes for Scheduled Tribes.

Constitutional Basis

The NCST is established under Article 338A of the Constitution of India.
It was created through the 89th Constitutional Amendment Act, 2003.
This amendment bifurcated the earlier National Commission for SCs and STs into:
- National Commission for Scheduled Castes (Article 338)
- National Commission for Scheduled Tribes (Article 338A)

History and Evolution of NCST

The idea of a dedicated commission for Scheduled Tribes evolved over time as the need for focused attention on tribal issues became more evident.
Initially, the 65th Constitutional Amendment Act, 1990 established a combined National Commission for Scheduled Castes and Scheduled Tribes under Article 338. This Commission was responsible for monitoring the safeguards provided to both SCs and STs under the Constitution and other laws.
However, it was later felt that the unique challenges faced by tribal communities required a separate institutional mechanism. Accordingly, the 89th Constitutional Amendment Act, 2003 was enacted, which bifurcated the combined Commission into two distinct bodies:
- National Commission for Scheduled Castes (Article 338)
- National Commission for Scheduled Tribes (Article 338A)
As a result, the National Commission for Scheduled Tribes (NCST) came into existence in 2004, with a specific mandate to protect the rights and promote the welfare of Scheduled Tribes.

Composition

The NCST consists of the following members:
- Chairperson: Holds the rank of a Union Cabinet Minister.
- Vice-Chairperson: Holds the rank of a Minister of State.
- Members: Their ranks are equivalent to that of a Secretary to the Government of India.
- The terms of office for these positions are three years from the date of assuming charge.
- They are not eligible for appointment for more than two terms

Role and Mandate

Participation in Planning Process:
- The NCST actively participates in the planning process related to the socio-economic development of STs.
- It collaborates with both the Union and State governments to ensure that policies and programs are tailored to the needs of tribal communities.
Evaluation and Monitoring:
- The Commission evaluates the effectiveness of safeguards provided to STs by the Constitution, existing laws, and government directives.
- It monitors the progress of ST development at both the national and state levels.

Constitutional Safeguards for STs

Educational & Cultural Safeguards
- Art. 15(4): Special provisions for advancement of other backward classes(which includes STs);
- Art. 29: Protection of Interests of Minorities (which includes STs).
- Art. 46: The State shall promote, with special care, the educational and economic interests of the weaker sections of the people, and of the Scheduled Castes, and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
- Art. 350: Right to conserve distinct Language, Script or Culture.
- Art. 350: Instruction in Mother Tongue.
Social Safeguard
- Art. 23: Prohibition of traffic in human beings and beggar and other similar form of forced labour.
- Art. 24: Forbidding Child Labour.
Economic Safeguards
- Art.244: Clause (1) Provisions of Fifth Schedule shall apply to the administration & control of the Scheduled Areas and Scheduled Tribes in any State other than the states of Assam, Meghalaya, Mizoram and Tripura which are covered under Sixth Schedule, under Clause (2) of this Article.
- Art. 275: Grants in-Aid to specified States (STs & SAs) covered under Fifth and Sixth Schedules of the Constitution.
Political Safeguards
- Art.164(1): Provides for Tribal Affairs Ministers in Bihar, MP, and Orissa. Art. 330: Reservation of seats for STs in Lok Sabha.
- Art. 332: Reservation of seats for STs in State Legislatures.
- Art. 334: 10 years period for reservation (Amended several times to extend the period.);
- Art. 243: Reservation of seats in Panchayats.
- Art. 371: Special provisions in respect of NE States and Sikkim
Service Safeguards
- Article 16(4): Enables the State to provide reservation in appointments or posts for any backward class, including Scheduled Tribes, which is not adequately represented in public services.
- Article 16(4A): Enables the State to provide reservation in promotions for Scheduled Castes (SCs) and Scheduled Tribes (STs) if they are not adequately represented in state services.
- Article 16(4B): Allows carrying forward of unfilled reserved vacancies to subsequent years without breaching the 50% ceiling in that year.
- Article 335(Claims of STs in Services): Mandates that the claims of Scheduled Tribes shall be taken into consideration in appointments to services and posts.
- At the same time, it balances this with the need to maintain efficiency of administration.
- (Article 320(4))(Exemption from Consultation with UPSC): Acts as an exemption clause, stating that the Public Service Commission (PSC) does not need to be consulted on matters of reservation for backward classes (Art 16(4)) and regarding the efficiency of administration (Art 335).

Functions of National Commission for Scheduled Tribes (NCST)

Constitutional Functions (Article 338A)

The functions and duties of the National Commission for Scheduled Tribes have been laid down in Clause (5) of the Article 338A of the Constitution. Clause (5) states that it shall be the duty of the Commission:

to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes;
to participate and advise on the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State;
to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes; and
to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specified.

Additional Functions

The Commission has been assigned the following additional functions vide a Ministry of Tribal Affairs’ Notification in relation to the protection welfare and development and advancement of the Scheduled Tribes:

Measures that need to be taken over conferring ownership rights in respect of minor forest produce to STs living in forest areas.
Measures to be taken to safeguard rights of the tribal communities over mineral resources, water resources etc. as laid down by law.
Measures to be taken for the development of tribal to plug loopholes and to work more viable livelihood strategies.
Measures to be taken to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects.
Measures to be taken to prevent alienation of tribal people from land and to effectively rehabilitate such people in whose case alienation has already taken place.
Measures to be taken to elicit maximum cooperation and involvement of tribal communities for protecting forests and undertaking social afforestation.
Measures to be taken to ensure full implementation of the provisions of Panchayat (Extension to Scheduled Areas) Act, 1996
Measures to be taken to reduce and ultimately eliminate the practice of shifting cultivation by tribes that lead to their continuous disempowerment and degradation of land and the environment.

Powers of the Commission

Under Article 338A, the Commission is vested with powers of a civil court while investigating matters related to safeguards of Scheduled Tribes or while inquiring into complaints.In this regard, it enjoys the following powers:
summoning and enforcing the attendance of any person from any part of India and examining him on oath;
requiring the discovery and production of any documents;
receiving evidence on affidavits;
requisitioning any public record or copy thereof from any court or office;
issuing commissions for the examination of witnesses and documents;
any other matter which the President may by rule, determine.

Approach and Methodology

Holistic Approach :
- The NCST adopts a holistic approach to tribal development.
- It considers not only economic aspects but also social, cultural, and environmental factors affecting STs.
Community Engagement:
- The Commission engages with tribal communities directly.
- Field visits, consultations, and interactions with ST representatives inform its recommendations.
Research and Data Analysis:
- The NCST conducts research on tribal issues.
- It analyses data related to ST population, education, health, land rights, and livelihoods.
Advocacy and Policy Influence :
- The Commission advocates for policy changes and legal reforms.
- It influences government decisions to enhance ST welfare.

Reports of the Commission

The Commission submits an annual report to the President.In addition, it may also present reports whenever it considers necessary.
The President lays these reports before Parliament, accompanied by a memorandum detailing:
- Actions taken on the recommendations, and
- Reasons for non-acceptance, if any.
Reports concerning a particular state are forwarded to the Governor.The Governor then places it before the State Legislature, along with a memorandum detailing the action taken and the reasons for not accepting any recommendations, if applicable.

Significance

Constitutional Protection Mechanism
- Serves as a constitutional guardian ensuring that safeguards provided to Scheduled Tribes are effectively implemented.
- Strengthens the commitment of the State towards social justice and equality.
Voice and Representation
- Acts as an institutional platform through which tribal communities can articulate grievances and concerns.
- Helps in bringing grassroots issues to the national policy level.
Protection of Land and Resource Rights
- Plays a crucial role in safeguarding tribal interests against land alienation, mining activities, and displacement.
- Supports implementation of laws like Forest Rights Act (FRA) and PESA.
Policy Advisory Role
- Advises the Union and State governments on tribal welfare policies and development programmes.
- Ensures that development strategies are inclusive and culturally sensitive.
Monitoring and Accountability
- Continuously monitors implementation of safeguards and evaluates outcomes, ensuring government accountability.
- Its reports to the President and Parliament create institutional pressure for corrective action.
Addressing Development-Induced Displacement
- Highlights issues related to rehabilitation and resettlement of displaced tribal populations.
- Advocates for more humane and equitable development practices.
Bridging State–Tribal Interface
- Acts as a link between government institutions and tribal communities, reducing alienation and mistrust.

The National Commission for Scheduled Tribes is a vital institution in India’s constitutional framework, aimed at protecting tribal communities and promoting their development. While it has played an important role in addressing tribal issues, strengthening its powers and ensuring effective implementation of its recommendations are essential for achieving true tribal empowerment and inclusive growth.

FAQs

What is the National Commission for Scheduled Tribes (NCST)?

The NCST is a constitutional body established under Article 338A to safeguard the rights, interests, and development of Scheduled Tribes in India.

Which Constitutional Amendment created NCST?

The NCST was created by the 89th Constitutional Amendment Act, 2003, which separated it from the earlier combined SC-ST Commission.

What are the key functions of NCST?

The Commission investigates safeguards, inquires into complaints, advises on tribal development, monitors progress, and recommends measures for welfare and protection of Scheduled Tribes.

What powers does NCST have?

While investigating matters, NCST has powers of a civil court, including summoning individuals, requiring documents, and examining evidence.

What is the tenure of NCST members?

Members hold office for a term of three years and are not eligible for more than two terms.

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