National Commission for Scheduled Tribes

The National Commission for Scheduled Tribes (NCST) is a constitutional body that monitors the protection of Scheduled Tribes and advises on their development. Article 338A gives it responsibility for examining safeguards, investigating complaints, advising on development planning and reporting on measures needed to protect Scheduled Tribes’ rights and welfare.

Constitutional status and composition

The Constitution (Eighty-ninth Amendment) Act, 2003 provided for a separate commission for Scheduled Tribes by inserting Article 338A, separating it from the earlier combined commission for Scheduled Castes and Scheduled Tribes.

• The Commission consists of a Chairperson, a Vice-Chairperson and three other members, appointed by the President by warrant under his hand and seal.
• The President determines their conditions of service and tenure by rules, subject to any law made by Parliament.

Protection, investigation and development advice

Article 338A(5) sets out the Commission’s principal duties.

• It investigates and monitors matters relating to safeguards for Scheduled Tribes under the Constitution, existing laws or government orders, and evaluates how these safeguards work.
• It inquires into specific complaints concerning deprivation of the rights and safeguards of Scheduled Tribes.
• It participates in and advises on planning for their socio-economic development and evaluates the progress of their development under the Union and the States.
• It recommends measures for effective implementation of safeguards and for the protection, welfare and socio-economic development of Scheduled Tribes.
• It discharges other functions concerning their protection, welfare, development and advancement that the President specifies by rule, subject to parliamentary law.

Investigative powers and policy consultation

• Under Article 338A(8), while investigating safeguards or inquiring into complaints, it has specified powers of a civil court, including summoning persons, requiring documents, receiving affidavit evidence and requisitioning public records.
• The Commission has the power to regulate its own procedure.
• Under Article 338A(9), the Union and every State Government must consult it on all major policy matters affecting Scheduled Tribes.

Reporting and legislative accountability

The Commission submits reports to the President annually and whenever else it considers appropriate.

• The President places its reports before Parliament, accompanied by a memorandum explaining action taken or proposed on Union-related recommendations and reasons for rejecting any recommendation.
• Reports concerning a State Government are forwarded to the Governor, who places them before the State Legislature with a similar explanatory memorandum.