National Commission for Scheduled Tribes is a constitutional body established by Article 338-A of the Constitution. The National Commission for Scheduled Tribes was formed by altering Article 338 and introducing a new Article 338A into the Constitution by the Constitution (89th Amendment) Act of 2003. The present and the 6th National Commission for Scheduled Tribes was constituted in 2021. 

The topic National Commission for Scheduled Tribes is useful for Prelims 2023 preparation and UPSC Mains 2023 as well.

National Commission for Scheduled Tribes

• The National Commission for Scheduled Tribes is a constitutional body.
• The National Commission for Scheduled Tribes was established on February 19, 2004, by revising Article 338 and introducing a new article 338A into the Constitution as part of the 89th Constitution Amendment Act, 2003.
• Article 338A empowers the National Commission for Scheduled Tribes to monitor the execution of various protections afforded to STs by the Constitution or any other legislation in force at the time, or under any other order to the Government, and to review the effectiveness of such safeguards.
• Role of NCST: To safeguard the interests of the scheduled tribes or under any other order to the Government and to evaluate the working of such safeguards.

• The Commission and its officers participate in formulation of policies and in the developmental programmes for Scheduled Tribes including Tribal Sub-Plan.

National Commission for Scheduled Tribes - Composition

• The Commission shall consist of a Chairman, Vice-Chairman and other members so appointed shall be such as the President may by rule determine. 
• They are appointed by the President by warrant under his hand and seal. 
• The Chairman shall be appointed from amongst eminent social, political workers belonging to Scheduled Tribes who inspire confidence amongst the Scheduled tribes by their vary personality and record of selfless service.
• The Vice-Chairman and all other Members out of whom at least two shall be appointed from amongst persons belonging to the Scheduled Tribes.
• At least one other member shall be appointed from amongst women.

Status of the Members

• Chairman- Rank of Cabinet minister; 
• Vice-Chairman- Minister of State and 
• Other member- Secretary to the Government of India unless otherwise specified.

National Commission for Scheduled Tribes - Tenure

• The Chairman, the Vice-Chairman and the other Members shall hold office for 3 years from the date on which he/she assumes such office. 
• The members are not eligible for appointment for more than two terms.

Functions of the National Commission for Scheduled Tribes

The functions of the Commission are:

• Investigate and Monitor: The commission is responsible to investigate and monitor all matters to the safeguards provided for the Scheduled Tribes under this Constitution or under any law for the time being in force or under any order of the Government and to evaluate the working of such safeguards.
• Inquire into Rights: The commission needs to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes.
• Planning process: 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.
• Report: The report is to present to the President, annually and at such other times as the Commission may deemed fit, reports upon the working of those safeguards.
  • To make in such reports recommendations as to the measures that should be taken by the Union or any States for the effective implementation of these safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes. 
• Protection and Welfare: 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.

Other Functions 

In 2005, the President outlined the Commission's additional functions in regard to preservation, welfare, development, and progress of Scheduled tribes. 

• Measures will be implemented to grant STs living in forest regions ownership rights over minor forest produce.
• Measures should be made in accordance with the legislation to protect indigenous groups' rights to mineral resources, water resources, and so on.
• Measures should be done for tribal development and the establishment of more viable livelihood alternatives.
• Initiatives to increase the effectiveness of relief and rehabilitation measures for tribal groups displaced by development projects.
• Measures should be made to prevent tribal people from being evicted from their land and to adequately rehabilitate those who have already been evicted.
• Measures should be done to elicit maximum cooperation and participation from tribal people in the protection of forests and the implementation of social afforestation
• Measures should be made to guarantee that the Panchayats (Extension to Scheduled Areas) Act of 1996 is fully implemented
• Measures should be made to decrease, and eventually abolish, tribals' practise of shifting cultivation, which leads to their ongoing disempowerment and pollution of land and the environment.

Powers of the National Commission for Scheduled Tribes

• The Commission has the authority to govern its own procedure.
• While investigating a topic or investigating a complaint, the Commission has all the authorities of a civil court trying a claim, particularly in the following areas:
  • Summon and enforce attendance of any person and examine on oath.
  • Receive evidence on affidavits.
  • Discovery and production of any documents.
  • Examine a person on oath.
  • Issue Commissions for examination of witnesses and documents.
  • Any matter which President, by rule, may determine.
• Consultation with NCST: The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.

Reports to be laid before the Houses

• All the reports are presented to Parliament by the President, along with a memorandum describing the action taken in response to the Commission's recommendations. 
• The memorandum should also provide the rationale for rejecting any of these proposals.
• The President also submits any Commission report relevant to a state government to the state governor. 
• The governor presents it to the state legislature, along with a note detailing the Commission's recommendations. The memorandum should also provide the rationale for rejecting any of these proposals.

Committee related to Scheduled Tribes

The Prime Minister’s Office constituted a High-Level Committee in 2013, under chairmanship of Prof. Virginius Xaxa. It submitted its report in May, 2014.

Objective of the Committee: 

To examine the socio-economic, educational and health status of tribal communities and recommend appropriate interventional measures to improve the same.

Key recommendation of the Committee:

• Rehabilitation of tribal people: The State Government should rehabilitate tribal people who have been displaced by conflict in Chhattisgarh and the north-east.
• Establishment of Judicial Commission: For what are known as 'Naxal infractions,' a large number of tribals, both men and women, are imprisoned. To investigate cases brought against tribals and their sympathisers, a judicial commission should be established. Increased investment by state governments is needed to offer legal aid to tribal petitioners so that they may engage skilled lawyers to fight their petitions.
• Establishment of High-Level Fact-finding Committee: To investigate the quality of R&R in all medium and major development projects undertaken in the last fifty years.
• There should be effective implementation of Panchayats (Extension to Scheduled Areas) Act.
• Involvement of Women: Effective participation of women in FRA processes has to be increased.
• Apathy and incapacity of the State to implement the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, has led to exploitation of tribal migrant families. In particular, tribal women and children suffer greatly. There is a growing demand for enactment of a comprehensive Migrants Rights Legislation, which deserves serious consideration.
• Incorporating local culture, folklore, and history into the curriculum might assist tribal youngsters gain confidence and see the value of education in their life. Tribal life revolves around music and dance.
• Tribal Health Plan: Tribal communities need a specially designed health plan such a ‘Tribal Health Plan’. This ‘Tribal Health Plan’ should become an essential feature of the National Health Mission and of the Tribal Sub Plan.

List of the National Commission for Scheduled Tribe

Conclusion

Article 338-A of the Constitution establishes the National Commission for Scheduled Tribes as a constitutional authority. It monitors and reviews the efficacy of the safeguards granted to STs by the Constitution or any other legislation in force at the time, or under any other direction to the Government. The restructuring of the functions of the National Commission for Scheduled Tribes is only one of several steps in this direction.

FAQs

MCQs

1. Under which Article of the Indian Constitution is the National Commission for Scheduled Tribes established?

A) Article 338
B) Article 338A
C) Article 342
D) Article 325

2. The National Commission for Scheduled Tribes (NCST) was created by the amendment of which Constitution Act?

A) 89th Amendment Act
B) 42nd Amendment Act
C) 73rd Amendment Act
D) 99th Amendment Act

3. Who appoints the members of the National Commission for Scheduled Tribes?

A) The Prime Minister
B) The President of India
C) The Vice-President of India
D) The Union Minister of Tribal Affairs

4. How many members are there in the National Commission for Scheduled Tribes?

A) 5 members
B) 4 members
C) 3 members
D) 7 members

5. What is one of the primary functions of the NCST?

A) To advise the President on matters related to education
B) To review the implementation of laws for STs
C) To administer tribal welfare programs
D) To conduct elections for tribal representation

GS Mains Questions and Model Answers

Q1: Discuss the constitutional provisions related to the National Commission for Scheduled Tribes. How does it help in the empowerment of Scheduled Tribes in India?

Answer: The National Commission for Scheduled Tribes (NCST) is established under Article 338A of the Indian Constitution, which was introduced by the 89th Constitutional Amendment Act of 2003. The primary function of the NCST is to safeguard and promote the interests of Scheduled Tribes in India. It acts as an advisory body to the President on matters related to the welfare of Scheduled Tribes, and its recommendations have significant implications for policies affecting these communities. The commission investigates complaints regarding violations of the rights of STs, monitors the implementation of laws and policies, and suggests measures for their socio-economic upliftment. Through these functions, the NCST plays a vital role in empowering Scheduled Tribes by ensuring that their rights are protected and that they benefit from government welfare programs.

Q2: Analyze the impact of the National Commission for Scheduled Tribes on the socio-economic development of Scheduled Tribes in India.

Answer: The NCST has had a positive impact on the socio-economic development of Scheduled Tribes in India by ensuring that their issues are addressed at the highest levels of governance. The commission investigates complaints of exploitation, land alienation, and denial of rights, and it works towards ensuring that these communities have access to education, healthcare, and employment opportunities. Through its periodic reports and recommendations, the NCST influences government policies and ensures that welfare measures reach the intended beneficiaries. However, challenges such as inadequate implementation of policies, bureaucratic hurdles, and the lack of awareness among tribal communities remain. The continued role of the NCST is crucial in addressing these challenges and ensuring the socio-economic upliftment of Scheduled Tribes.

Q3: Evaluate the role of the National Commission for Scheduled Tribes in promoting the cultural rights of tribal communities in India.

Answer: The NCST plays a significant role in promoting the cultural rights of Scheduled Tribes in India by advocating for the preservation of their traditional ways of life, languages, and customs. The commission works to ensure that tribal communities are not marginalized by mainstream cultural forces and that their unique cultural heritage is respected and protected. This includes promoting the recognition of indigenous languages, traditions, and practices, and ensuring that they are represented in national discourse. Additionally, the NCST advises on policies related to tribal autonomy, land rights, and the protection of cultural sites. Through these efforts, the commission helps to safeguard the cultural integrity of tribal communities while encouraging their participation in national development.

Previous Year Questions on NCST

1. UPSC CSE Prelims 2020:

Question: The National Commission for Scheduled Tribes (NCST) is established under which Article of the Indian Constitution?

A) Article 338A
B) Article 338
C) Article 342
D) Article 335

Answer: (A)

Explanation: The National Commission for Scheduled Tribes (NCST) is established under Article 338A of the Indian Constitution. This article was introduced by the 89th Constitutional Amendment Act, 2003.

2. UPSC CSE Mains 2019 (GS Paper 2):

Question: "Examine the role of the National Commission for Scheduled Tribes in addressing the issues faced by tribal communities in India."

Answer: The NCST plays a crucial role in addressing issues such as land alienation, loss of cultural identity, and inadequate access to basic services among tribal communities. It works to ensure that the laws and policies designed to protect Scheduled Tribes are properly implemented, provides recommendations to the government on tribal welfare, and investigates complaints of discrimination and exploitation. Through these efforts, the NCST helps improve the socio-economic conditions of tribal communities and ensures their rights are upheld in the face of development challenges.