Law and You > Constitutional Law > National Commission for Scheduled Tribes (NCST) (Art. 338 A)

The National Commission for Scheduled Tribes (NCST) is a constitutional body established under Article 338A of the Constitution of India to protect and promote the interests of Scheduled Tribes (STs), who have historically faced social and economic discrimination. The primary purpose of the Commission is to monitor the implementation of various safeguards and measures meant to improve the well-being of STs and ensure their fundamental rights are protected. It investigates and addresses issues related to the violation of STs’ rights, provides recommendations to the government, and ensures that affirmative action policies, such as reservations in education, employment, and political representation, are effectively implemented.

Scheduled Tribes

According to Article 366(25) of the Constitution, Scheduled Tribes are those communities that are scheduled in accordance with Article 342 of the Constitution. Also, Article 342 of the Constitution says that: The Scheduled Tribes are the tribes or tribal communities or part of or groups within these tribes and tribal communities which have been declared as such by the President through a public notification.

The essential characteristics of these communities are:-

• Primitive Traits
• Geographical isolation
• Distinct culture
• Shy of contact with the community at large
• Economically backwards

National Commission for Scheduled Tribes

History:

Initially, the constitution provided for the appointment of a Special Officer under Article 338. The special officer was designated as the Commissioner for Scheduled Castes and Scheduled Tribes. 65^th Amendment, 1990 replaced the one-member system with a multi-member National Commission for Scheduled Castes (SC) and Scheduled Tribes (ST). The Constitution (65 Amendment) Act 1990, amended Article 338 of the Constitution. By 89^th Amendment, 2003 amendment, the erstwhile National Commission for SC and ST was replaced by two separate Commissions from the year 2004 which were: National Commission for Scheduled Castes (NCSC) and National Commission for Scheduled Tribes (NCST)- under Article 338-A.

Constitution

The National Commission for Scheduled Tribes is typically headed by a Chairperson and supported by Members and a Secretary. The exact number of members may vary, but there are typically five members, including the Chairperson. Members are appointed by the President of India, and the Commission has the authority to take suo-motu action on issues affecting the Scheduled Tribes.

Functions:

The National Commission for Scheduled Tribes (NCST) performs several important functions to protect and promote the interests of the Scheduled Tribes (STs) in India. Its functions are laid out under Article 338A of the Constitution of India, and it serves as a key body for safeguarding the rights of STs. The primary functions of the NCST include:

• Monitoring the Welfare of STs: The Commission monitors the implementation of various constitutional safeguards, laws, and government programs aimed at improving the socio-economic conditions of Scheduled Tribes.
• Inquiring into Complaints: The NCST inquires into specific complaints related to the violation of the rights of Scheduled Tribes. It can investigate issues like caste-based discrimination, untouchability, and the denial of access to public services.
• Advising the President: The Commission provides regular reports and recommendations to the President of India on the implementation of policies concerning the Scheduled Tribes. It advises the government on the effectiveness of laws, policies, and schemes designed for STs’ welfare.
• Reviewing the Implementation of Safeguards: The NCST reviews the progress of the implementation of safeguards for Scheduled Tribes, including reservation in education, employment, and political representation. It evaluates whether these safeguards are being followed effectively at the central and state levels.
• Recommending Corrective Measures: If the NCST finds any shortcomings in the implementation of policies or laws, it can recommend corrective actions to the government to ensure the proper protection of the rights of STs.
• Investigating Specific Issues: The Commission has the power to investigate and inquire into any matter relating to the welfare of Scheduled Tribes, including grievances, violations, or non-implementation of laws.
• Promoting Awareness: It works to raise awareness about the constitutional rights of Scheduled Tribes, educating communities about their rights and the available avenues for redressal in case of violations.
• Submission of Reports: The Commission submits an annual report to the President of India, which is then placed before both Houses of Parliament. This report includes details about its activities, findings, and recommendations.
• Monitoring Legislation: The NCST examines existing laws and any proposed legislation to ensure that they are in line with the interests and protections of Scheduled Tribes.

Through these functions, the NCST plays a crucial role in safeguarding the rights of Scheduled Tribes and working towards their social, economic, and political empowerment.

Constitutional Provisions for Upliftment of Schedule Tribes:

• Article 15(4) refers to the special provisions for advancement of scheduled castes.
• Article 16(4A) speaks of “reservation in matters of promotion to any class or classes of posts in the services under the State in favour of SCs/STs, which are not adequately represented in the services under the State’.
• Article 17 abolishes Untouchability. Article 46 requires the State ‘to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and to protect them from social injustice and all forms of exploitation.
• Article 335 provides that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.
• Article 330 and Article 332 of the Constitution respectively provide for reservation of seats in favour of the Scheduled Castes and the Scheduled Tribes in the House of the People and in the legislative assemblies of the States.
• Under Part IX relating to the Panchayats and Part IXA of the Constitution relating to the Municipalities, reservation for SC and ST in local bodies has been envisaged and provided.

Significance:

The National Commission for Scheduled Tribes (NCST) holds significant importance in India due to its role in safeguarding the rights, welfare, and development of the Scheduled Tribes (STs). Its significance lies in several key areas:

• Protection of Constitutional Rights: The NCST ensures that the constitutional safeguards designed to protect the rights of Scheduled Tribes are effectively implemented. It monitors the adherence to policies such as reservation in education, employment, and political representation, ensuring that STs benefit from affirmative action programs.
• Addressing Caste-Based Discrimination: One of the most critical functions of the NCST is to act as a watchdog against caste-based discrimination. The Commission addresses complaints regarding untouchability, social exclusion, and violence against ST communities, ensuring that such practices are challenged and eradicated.
• Advocacy for Social Justice: The NCST acts as a powerful advocate for the social and economic upliftment of STs. By investigating grievances, advising the government, and providing policy recommendations, the Commission plays a pivotal role in bringing about legislative and social reforms that support the marginalized communities.
• Empowerment through Education and Awareness: The Commission not only works towards the implementation of welfare schemes but also raises awareness about the rights of STs. This educational role empowers communities by informing them about their entitlements and avenues for seeking justice.
• Monitoring Government Programs: The NCST evaluates the effectiveness of government schemes and programs meant to benefit STs. By doing so, it ensures that the implementation of welfare measures is aligned with the needs of the ST communities and addresses gaps in existing policies.
• Independent and Authoritative Body: As a constitutional body, the NCST operates independently of the executive, giving it the authority and autonomy to act impartially in favour of Scheduled Tribes. This ensures that its recommendations are objective, credible, and free from political influence.
• Channel for Grievances and Redressal: The Commission provides a formal channel for STs to voice their grievances regarding violations of their rights. By investigating complaints, holding hearings, and submitting reports to the President, the NCST serves as an effective mechanism for the redressal of injustices faced by ST communities.
• Catalyst for Legislative Change: The NCST plays a significant role in recommending changes to laws and policies that may adversely affect the STs. It also ensures that new legislation is in line with the spirit of the Constitution, contributing to a more inclusive legal framework for the marginalized.
• Facilitating Socio-Economic Justice: By overseeing the equitable distribution of resources and opportunities, the NCST ensures that Scheduled Tribes have equal access to social and economic opportunities, contributing to social justice in India.

Thus, the NCST is a cornerstone in the fight for social equity and justice for Scheduled Tribes. It ensures the proper implementation of affirmative action, monitors caste-based discrimination, and advocates for legislative changes that uplift marginalized communities, playing an essential role in fostering an inclusive and just society.

Conclusion:

In conclusion, the National Commission for Scheduled Tribes (NCST) is a vital constitutional body that plays a pivotal role in ensuring the rights and welfare of Scheduled Tribes (STs) in India. Established under Article 338A of the Constitution, its primary function is to monitor the implementation of safeguards designed to protect STs from discrimination and ensure their socio-economic upliftment. By investigating complaints, advising the government, and making policy recommendations, the NCST serves as a powerful mechanism to address caste-based injustices and promote equality.

The Commission’s functions—ranging from reviewing government policies to recommending corrective measures—are crucial in creating a more equitable society. Its role in enforcing affirmative action, such as reservation in education and employment, is vital for the empowerment of STs, enabling them to access opportunities that were historically denied to them. Additionally, the NCST plays an important part in raising awareness about the rights of STs, helping marginalized communities understand their entitlements and avenues for redressal.

The significance of the NCST lies not only in its investigative and advisory functions but also in its ability to facilitate legislative changes aimed at strengthening the rights of STs. Through its ongoing efforts, the Commission ensures that the promises of the Indian Constitution—of social justice and equality—are upheld for Scheduled Tribes. Ultimately, the NCST is a critical institution in the journey towards a more inclusive and just society for all.

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