National Commission for Scheduled Tribes (NCST) | UPSC

The National Commission for Scheduled Tribes (NCST) is a constitutional body that safeguards the rights and welfare of Scheduled Tribes (STs) in India. Understanding the structure, powers, functions, and contemporary relevance of the NCST is essential for both Prelims and Mains GS Paper II (Polity & Governance).

The National Commission for Scheduled Tribes (NCST) is a constitutional body established to safeguard the rights, interests, and welfare of Scheduled Tribes (STs) in India. 

• It functions as a key institutional mechanism to ensure social justice, constitutional protection, and inclusive development for tribal communities.
• The NCST was set up in 2004 through the Constitution (Eighty-ninth Amendment) Act, 2003.
• This amendment modified Article 338 and inserted a new Article 338A into the Constitution, thereby granting the Commission constitutional status.
• The Headquarters of NCST is in New Delhi.

Background of Formation

Before 2004, the interests of both Scheduled Castes (SCs) and Scheduled Tribes (STs) were handled by a single body called the National Commission for Scheduled Castes and Scheduled Tribes. 

However, considering the distinct socio-cultural, economic, and administrative issues faced by tribal communities, Parliament decided to bifurcate the Commission into two separate constitutional bodies:

1. National Commission for Scheduled Castes (NCSC)
2. National Commission for Scheduled Tribes (NCST)

This separation ensured focused attention on tribal-specific concerns such as land alienation, displacement, forest rights, rehabilitation, and protection from exploitation.

Also read: National Human Rights Commission (NHRC) of India | UPSC Notes

Under Article 338A, the National Commission for Scheduled Tribes (NCST) consists of:

• A Chairperson
• A Vice-Chairperson
• Three other Members

Key Provisions

• At least one Member must be a woman to ensure gender representation within the Commission.
• The Chairperson, Vice-Chairperson, and other Members are appointed by the President of India by warrant under his hand and seal.
• They hold office for a term of three years from the date they assume charge.
• Members are not eligible for appointment for more than two terms, ensuring rotation and institutional dynamism.

Status and Rank

To ensure functional authority and parity within the administrative framework:

• The Chairperson is accorded the rank of a Union Cabinet Minister.
• The Vice-Chairperson enjoys the rank of a Minister of State.
• The other Members hold the rank of Secretary to the Government of India.

Also read: Separation of Powers in India [UPSC Notes]

Unlike statutory bodies, the NCST is directly established by the Constitution. This means its existence, powers, and functions cannot be altered or abolished without a constitutional amendment. Article 338A(5) clearly lays down the duties of the NCST. These include:

1. Monitoring Constitutional and Legal Safeguards

The Commission monitors safeguards provided to Scheduled Tribes under:

• The Constitution (e.g., Fifth Schedule, Sixth Schedule, reservation provisions)
• Laws enacted by Parliament and State Legislatures
• Government policies and welfare schemes
• It evaluates whether these safeguards are effectively implemented.

2. Inquiry into Complaints

The NCST can:

• Inquire into specific complaints regarding deprivation of rights and safeguards of STs
• Take up cases of land alienation, displacement, atrocities, denial of reservation benefits, and forest rights violations

For investigation purposes, the Commission has the powers of a civil court, including:

• Summoning individuals
• Requiring the production of documents
• Receiving evidence on affidavits

This quasi-judicial authority strengthens its constitutional mandate.

3. Participation in Planning Process

The Commission participates in and advises on:

• Socio-economic development planning for Scheduled Tribes
• Policy formulation at both the Union and State levels
• Evaluation of tribal welfare programmes
• It ensures that tribal concerns are integrated into governance and development strategies.

4. Reporting to the President

The NCST submits:

• Annual reports
• Special reports, if required

The President lays these reports before Parliament, along with a memorandum explaining the action taken (or reasons for non-acceptance of recommendations). This ensures parliamentary oversight, transparency, and executive accountability.

In 2005, the President of India further specified the National Commission for Scheduled Tribes' (NCST) additional responsibilities to strengthen its role in protecting, promoting, and advancing the interests of Scheduled Tribes (STs). These functions expand the Commission’s mandate beyond monitoring safeguards and grievance redressal.

1. Ownership Rights over Minor Forest Produce (MFP)

• The NCST advises on measures to confer ownership rights over minor forest produce to STs living in forest areas.

2. Safeguarding Rights over Natural Resources

The Commission recommends measures to protect tribal rights over:

• Mineral resources
• Water resources
• Other natural resources

These safeguards must align with existing laws and constitutional provisions, especially in Scheduled Areas.

3. Livelihood and Development Strategies

The NCST suggests policy measures for:

• Holistic tribal development
• Sustainable and viable livelihood strategies
• Reducing poverty and socio-economic vulnerability among ST communities

4. Relief and Rehabilitation (R&R) of Displaced Tribals

Development projects such as dams, mining, and industrial corridors often displace tribal populations. The Commission works to:

• Improve the effectiveness of relief and rehabilitation measures
• Ensure fair compensation, resettlement, and livelihood restoration

5. Prevention of Land Alienation

Land alienation remains a major issue in tribal regions. The NCST recommends measures to:

• Prevent unlawful transfer of tribal land
• Restore land to affected tribal families
• Ensure rehabilitation where alienation has already occurred

6. Community Participation in Forest Protection

The Commission promotes:

• Active involvement of tribal communities in forest conservation
• Social afforestation initiatives
• Sustainable forest management practices

7. Implementation of the PESA Act, 1996

• The NCST monitors and advises on the effective implementation of the Provisions of Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA).
• PESA empowers Gram Sabhas in Scheduled Areas to manage local resources and governance, making it central to tribal self-rule.

8. Addressing Shifting Cultivation

The Commission suggests measures to:

• Reduce and gradually eliminate shifting cultivation (jhum cultivation)
• Promote sustainable agricultural alternatives
• Prevent environmental degradation and socio-economic disempowerment

The term Scheduled Tribes (STs) is constitutionally defined to ensure legal clarity and targeted protection. Scheduled Tribes constitute 8.6% of India’s population, according to the 2011 Census.

• More than 700 tribes have been notified under Article 342.
• Tribal populations are largely concentrated in forest, hilly, and geographically isolated regions of central, eastern, and northeastern India.
• The largest tribal population is found in Madhya Pradesh, followed by Odisha (as per Census 2011).
• There are no Scheduled Tribes notified in the States/UTs of Haryana, Punjab, Chandigarh, Delhi, and Puducherry. 

Broad Characteristics of Scheduled Tribes

Historically, certain common characteristics have been identified while recognising ST communities. These include:

• Primitive traits (traditional technologies and subsistence practices)
• Geographical isolation
• Distinct culture, language, and customs
• Shyness of contact with the larger community
• Social, educational, and economic backwardness

It is important to note that these criteria are not rigid constitutional definitions but have evolved through administrative and anthropological practices over time.

Constitutional Provisions

Article 366(25): Scheduled Tribes mean those tribes, tribal communities, or parts or groups within them that are deemed to be Scheduled Tribes under Article 342 for the purposes of the Constitution.

Article 342: The President of India may, with respect to any State or Union Territory (and after consultation with the Governor in the case of a State), notify specific tribes or tribal communities as Scheduled Tribes through a public notification.

• The list of STs is State/UT-specific — a community recognised as an ST in one State may not have the same status in another.
• Any inclusion or exclusion from the list of Scheduled Tribes requires a law passed by Parliament.
• This constitutional mechanism ensures both executive consultation and parliamentary oversight.

Constitutional Safeguards for STs

The recognition of Scheduled Tribes forms the basis for several constitutional protections, including:

• Political representation (reservation in Lok Sabha and State Assemblies – Articles 330 & 332)
• Reservation in education and public employment (Article 15(4) and Article 16(4))
• Special governance provisions under the Fifth and Sixth Schedules
• Protection against social injustice and exploitation (Article 46)

Must read: Important Tribes in India [UPSC Notes]

The National Commission for Scheduled Tribes (NCST) plays a crucial constitutional role in safeguarding the rights, resources, and development of Scheduled Tribes in India. For UPSC preparation, understanding NCST is essential for GS Paper II, social justice, and governance topics in both Prelims and Mains.

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