Maarg Manthan · Topic 25.7

National Commission for Scheduled Tribes (Article 338A)

Indian Polity › Constitutional Bodies · Topic 25.7

The National Commission for Scheduled Tribes under Article 338A, inserted by the 89th Amendment Act of 2003, is a constitutional body that monitors safeguards for STs, inquires into complaints and advises on their development.

5 min read · UPSC Prelims · Polity · Constitutional Bodies

At a Glance

What it is Constitutional body monitoring safeguards for Scheduled Tribes
Article Article 338A
Members Chairperson, Vice-Chairperson and three other members
Term Three years; not more than two terms
Exam link UPSC Prelims, Polity: Constitutional Bodies

Where Does It Fit?

This is the seventh topic of the category on Constitutional Bodies. Like the commission for SCs, the National Commission for Scheduled Tribes is a constitutional body, directly established by Article 338A, which was inserted by the 89th Amendment Act of 2003.

Why a Separate Commission

The combined National Commission for SCs and STs came into being after the 65th Amendment Act of 1990 (in force from 12 March 1992) and was established under Article 338 to monitor safeguards for SCs and STs. The STs are geographically and culturally different from the SCs and their problems are also different. In 1999 a new Ministry of Tribal Affairs was created to provide sharp focus to the welfare and development of the STs, and it was felt it should coordinate all activities relating to STs, since it was not administratively feasible for the Ministry of Social Justice and Empowerment to perform this role. The Ministry of Social Justice and Empowerment coordinates activities relating to the SCs. To safeguard the interests of the STs more effectively, a separate commission was proposed by bifurcating the combined body. The 89th Amendment Act of 2003 did this, further amended Article 338 and inserted Article 338A. It came into force on 19 February 2004, and the separate National Commission for STs came into existence in 2004.

Composition and Tenure

Like the SC commission, it consists of a chairperson, a vice-chairperson and three other members, appointed by the President by warrant under his hand and seal, with conditions of service and tenure determined by the President. Under the National Commission for Scheduled Tribes Chairperson, Vice-Chairperson and Members (Conditions of Service and Tenure) Rules, 2004, they hold office for three years and are not eligible for appointment for more than two terms.

Functions

To investigate and monitor all matters relating to the constitutional and other legal safeguards for the STs and evaluate their working.
To inquire into specific complaints with respect to the deprivation of rights and safeguards of the STs.
To participate and advise on the planning process of socio-economic development of the STs and evaluate progress of their development under the Union or a state.
To present to the President, annually and at other times, reports upon the working of those safeguards.
To recommend measures to be taken by the Union or a state for effective implementation of those safeguards and for the protection, welfare and socio-economic development of the STs.
To discharge other functions in relation to the protection, welfare, development and advancement of the STs as the President may specify.

Other Functions Specified in 2005

In 2005 the President, through the National Commission for the Scheduled Tribes (Specification of Other Functions) Rules, 2005, specified further functions for the Commission:

No.	Measure to be taken
1	Conferring ownership rights in minor forest produce to STs living in forest areas
2	Safeguarding rights of tribal communities over mineral resources, water resources and the like, as per law
3	Development of tribals and more viable livelihood strategies
4	Improving relief and rehabilitation of tribal groups displaced by development projects
5	Preventing alienation of tribal people from land and rehabilitating those already alienated
6	Eliciting maximum cooperation and involvement of tribal communities in protecting forests and social afforestation
7	Full implementation of the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996
8	Reducing and ultimately eliminating shifting cultivation that leads to disempowerment of tribals and degradation of land and environment

Reports and Powers

The Commission presents an annual report to the President and may submit reports when it thinks necessary. The President places the reports before Parliament with a memorandum on action taken and reasons for non-acceptance; reports concerning a state go to the Governor, who places them before the state legislature with a similar memorandum. The Commission regulates its own procedure and, in investigations and inquiries, has all the powers of a civil court: summoning and examining persons on oath, requiring production of documents, receiving evidence on affidavits, requisitioning public records, issuing summons for witnesses and documents, and any other matter the President may determine. The Central and state governments must consult it on all major policy matters affecting the STs.

Point	NCSC	NCST
Article	338	338A
Inserted or amended by	65th Amendment, 1990 (combined); 89th Amendment, 2003	89th Amendment, 2003
Members	Chair, vice-chair and three others	Chair, vice-chair and three others
Term	Three years; two terms	Three years; two terms
Specific added functions	Anglo-Indian community	Rules of 2005: forest produce, land alienation, PESA and others
Ministry coordinating welfare	Social Justice and Empowerment	Tribal Affairs

Why Is This Topic Important?

Comparison NCSC versus NCST features
PESA link Commission to ensure implementation
89th Amendment Asked often

What Came Next?

The next topic covers the National Commission for Backward Classes under Article 338B.

Key People and Terms

Article 338A Commission for STs
89th Amendment Inserted Article 338A
Minor forest produce Ownership rights focus
Shifting cultivation Practice to be reduced
Ministry of Tribal Affairs Created in 1999

Exam Corner

Points to Remember

Article 338A; 89th Amendment, 2003.
Separate from 2004.
Term three years, two terms.
Ministry of Tribal Affairs: 1999.
2005 Rules added eight functions.

Do Not Confuse With

Article 338 and 338A SCs versus STs
Ministry of Tribal Affairs and Social Justice STs versus SCs
PESA and the Commission The Commission ensures its implementation

Memory Hook

Tribal Affairs in 1999, the tribal commission in 2004 through the 89th Amendment.

Mains Angle

Questions on this topic usually ask about the rationale for a separate commission. Use these points to add depth.

Different problems Geography and culture
Land and forests Alienation and forest produce
Displacement Relief and rehabilitation
PESA Implementation role

A Question You May Face

An original practice question, not a past paper question.

“Why was a separate National Commission for Scheduled Tribes created? Discuss its functions.”

How to Answer

Introduction Article 338A.
Rationale Separate problems.
Functions Six plus eight.
Conclusion Effectiveness.

GS Relevance

Prelims: Indian Polity, constitutional bodies. GS Paper 2: Mechanisms for vulnerable sections.

Frequently Asked Questions

Which Article provides for the NCST?

Article 338A, inserted by the 89th Constitutional Amendment Act of 2003, directly establishes the National Commission for Scheduled Tribes as a constitutional body, separate from the commission for Scheduled Castes, which continues under Article 338 of the Constitution.

Why was a separate commission for STs created?

The STs are geographically and culturally different from the SCs and face different problems. A Ministry of Tribal Affairs was also created in 1999 to focus on their welfare, so the combined commission was bifurcated by the 89th Amendment Act of 2003.

What are the composition and term of the NCST?

The Commission has a chairperson, a vice-chairperson and three other members appointed by the President by warrant under his hand and seal. Under the 2004 Rules they hold office for three years and cannot be appointed for more than two terms.

What additional functions did the 2005 Rules give the NCST?

The rules cover ownership of minor forest produce, rights over mineral and water resources, livelihood strategies, relief of displaced tribals, preventing land alienation, forest protection, implementing PESA 1996 and reducing shifting cultivation by tribals, all in the interest of their welfare.

Does the NCST have the powers of a civil court?

Yes. While investigating or inquiring into a complaint, it has the powers of a civil court, including summoning persons, requiring documents, receiving affidavits and requisitioning public records, and governments must consult it on major policy matters.

PYQ Practice — Statement Analysis

1 Article 338A establishes the National Commission for Scheduled Tribes.

True

By the 89th Amendment.

2 The NCST was created by the 65th Amendment.

False

The 65th created the combined body.

3 The NCST must ensure implementation of PESA.