National Commission for Scheduled Tribes (NCST) 

Constitutional Status

• NCST is a constitutional body established under Article 338-A.
• Purpose: To protect the social, economic, educational, and cultural interests of the Scheduled Tribes (STs) and safeguard them from exploitation.
• Headquarters: New Delhi.
  

Definition and Characteristics of STs

Constitutional Basis

• Article 366(25): Defines STs.
• Article 342: President, in consultation with the Governor, notifies STs via public notification for a state/UT.

Key Features of STs

• Geographical isolation
• Distinct culture
• Primitive traits
• Shyness of contact with mainstream
• Social and economic backwardness

Data

• 8.6% of India’s population (Census 2011)
• 700+ tribes notified
• Highest ST population: Madhya Pradesh, followed by Odisha
• No STs in: Punjab, Haryana, Delhi, Chandigarh, Puducherry
  

Evolution of NCST

Timeline	Development
Pre-1990	Special Officer for SCs/STs under Article 338
65th Amendment (1990)	National Commission for SCs and STs created
89th Amendment (2003)	Article 338-A inserted; NCST created separately
2004	NCST established as a separate body
1999	Ministry of Tribal Affairs created

Composition & Tenure

• Members: Chairperson, Vice-Chairperson, 3 Members
• Appointed by: President
• Tenure: 3 years (max 2 terms)
• Service conditions: Determined by the President (as per 2004 Rules)
  

Constitutional Mandate (Article 338-A) – Core Functions

1. Investigate and monitor implementation of safeguards for STs.
2. Inquire into complaints related to deprivation of rights.
3. Advise and evaluate socio-economic development programs.
4. Submit annual and special reports to the President.
5. Recommend measures for protection, welfare, and development.
6. Discharge other functions as specified by the President.
   

Additional Functions (Notified in 2005)

1. Ownership rights over minor forest produce
2. Safeguards over natural resources (minerals, water)
3. Promotion of sustainable livelihoods
4. Effective rehabilitation of displaced tribal groups
5. Prevention of land alienation and promotion of repatriation
6. Promote tribal participation in forest conservation
7. Ensure implementation of PESA Act, 1996
8. Eliminate shifting cultivation (jhum)
   

Powers of NCST

• Civil Court powers:

• • Summon witnesses, enforce attendance
  • Examine under oath
  • Seek document production
  • Receive affidavits, requisition public records
• Can regulate its own procedure
• Mandatory consultation: Union and State Governments must consult NCST on major policy matters affecting STs.
  

Reporting Mechanism

• Reports submitted to the President
• President:
  • Places report before Parliament with Action Taken Report (ATR)
  • Sends State-specific reports to State Governor
• Governor:
  • Tables it before the State Legislature with ATR
    

Constitutional Safeguards for STs

Article	Provision
Art. 244(1)	Fifth Schedule: Admin & control of Scheduled Areas outside NE
Art. 244(2)	Sixth Schedule: Admin of tribal areas in NE States
Art. 275(1)	Grants-in-aid for ST welfare from Consolidated Fund of India
Art. 330	ST reservation in Lok Sabha
Art. 332	ST reservation in State Legislatures

 

Statutory Framework for ST Welfare

1. Protection of Civil Rights Act, 1955
2. SC/ST (Prevention of Atrocities) Act, 1989
3. Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA)
4. Forest Rights Act, 2006 – Recognizes rights over forest land & resources
   

Significance of NCST

• Safeguards tribal identity, land rights, and socio-economic development
• Acts as a watchdog and advisor on policy matters
• Bridges the gap between tribal communities and governance
• Enhances inclusive growth and ensures tribal participation in governance

Conclusion

The National Commission for Scheduled Tribes (NCST) is a vital institution ensuring the constitutional vision of justice and equality for India’s tribal population. As tribal communities face unique challenges due to displacement, ecological degradation, and socio-political neglect, the NCST’s role in policy formulation, protection of rights, and institutional advocacy becomes indispensable in building a truly inclusive society.