The constitutional framework of India is deeply committed to the welfare and protection of its diverse population, especially those historically marginalized and disadvantaged. Among these groups, the Scheduled Tribes (STs) represent a significant segment of India’s indigenous and tribal communities, characterized by their unique cultures, traditions, and often, geographical isolation. Recognizing their distinct vulnerabilities and the historical injustices faced, the framers of the Indian Constitution enshrined special provisions and safeguards aimed at their upliftment and integration into the national mainstream while preserving their unique identity. The commitment to social justice and equity necessitated the creation of dedicated mechanisms to oversee the implementation of these safeguards, ensuring that constitutional promises translate into tangible realities for these communities.

Initially, a single constitutional body, the National Commission for Scheduled Castes and Scheduled Tribes, was tasked with monitoring the safeguards for both groups. However, acknowledging the distinct social, economic, and cultural challenges faced by Scheduled Tribes, a more focused and dedicated institution became imperative. This led to the establishment of the National Commission for Scheduled Tribes (NCST) as a separate constitutional body. Through the 89th Constitutional Amendment Act of 2003, Article 338A was inserted into the Constitution, thereby bifurcating the erstwhile joint commission and creating a specialized entity solely dedicated to addressing the complex issues concerning tribal populations. The NCST, therefore, stands as a critical pillar in India’s governance structure, serving as a vigilant protector of tribal rights and a catalyst for their holistic development.

Powers and Functions of the National Commission for Scheduled Tribes

The National Commission for Scheduled Tribes (NCST) is a constitutional body established under Article 338A of the Indian Constitution, specifically created to safeguard the interests of Scheduled Tribes in India. Its powers and functions are broad and encompass monitoring, investigation, advisory roles, and quasi-judicial authority, making it a pivotal institution for tribal welfare and development.

Constitutional Mandate and Evolution

The genesis of the National Commission for Scheduled Tribes can be traced back to the provisions of Article 338, which initially mandated a Special Officer for Scheduled Castes and Scheduled Tribes. This officer was tasked with investigating all matters relating to the safeguards provided for SCs and STs under the Constitution and reporting to the President. Over time, the need for a multi-member body with enhanced powers became evident, leading to the 65th Constitutional Amendment Act of 1990. This amendment replaced the Special Officer with a multi-member National Commission for Scheduled Castes and Scheduled Tribes, which was granted the powers of a civil court.

However, the distinct socio-economic and cultural disparities, as well as the unique challenges faced by Scheduled Tribes, necessitated a separate and focused approach. Tribal communities often reside in remote, forested, and hilly areas, engaging in traditional livelihoods, and possessing distinct customary laws and governance systems. Their issues, such as land alienation, forest rights, displacement due to development projects, and preservation of unique cultural identities, are often different from those of Scheduled Castes. Recognizing this, the 89th Constitutional Amendment Act of 2003 bifurcated the National Commission for Scheduled Castes and Scheduled Tribes into two separate bodies: the National Commission for Scheduled Castes (NCSC) under Article 338 and the National Commission for Scheduled Tribes (NCST) under Article 338A. This separation was a landmark step, acknowledging the need for specialized attention to tribal affairs.

Functions of the National Commission for Scheduled Tribes

Article 338A(5) of the Constitution explicitly outlines the functions of the NCST, which are comprehensive and aimed at ensuring the protection, welfare, and development of Scheduled Tribes.

1. Investigating and Monitoring Safeguards:

One of the primary functions of the NCST is to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under the Constitution or under any other law or any order of the Government. This involves a broad range of areas, including:

  • Constitutional Safeguards: Monitoring the implementation of reservations in services, educational institutions, and legislative bodies (Articles 15, 16, 330, 332, 335). It ensures that STs receive their rightful share in employment, admissions, and political representation.
  • Legislative Safeguards: Overseeing the proper implementation of various laws enacted for the protection of tribal rights, such as the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Forest Rights Act, 2006, and the Panchayats (Extension to Scheduled Areas) Act (PESA), 1996. The Commission verifies whether these laws are being effectively enforced by central and state governments.
  • Executive Orders and Schemes: Reviewing government policies, programs, and schemes designed for tribal development (e.g., Tribal Sub-Plan, Eklavya Model Residential Schools, schemes for PVTGs, health programs in tribal areas). It assesses their efficacy, reach, and impact on tribal communities, identifying gaps in implementation and recommending corrective measures.
  • Customary Laws and Practices: While not directly enforcing customary laws, the Commission often intervenes to ensure that statutory laws respect and accommodate tribal customary practices, especially concerning land, marriage, and dispute resolution, unless they are overtly harmful or discriminatory.

2. Inquiring into Specific Complaints:

The NCST is empowered to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes. This function gives the Commission a quasi-judicial role, allowing it to act as a redressal mechanism for individual or community grievances. When a complaint is filed, the Commission can:

  • Receive Complaints: Accept petitions or complaints from individuals, groups, or NGOs regarding various issues such as land alienation, atrocities, denial of forest rights, issues with reservation implementation, exploitation by moneylenders, or inadequate rehabilitation post-displacement.
  • Investigate Allegations: Conduct detailed investigations into the merits of the complaint, collecting evidence, summoning witnesses, and interacting with the concerned authorities (government departments, police, local administration).
  • Issue Directions: Based on its findings, the Commission can issue directions or recommendations to the concerned government departments or authorities for appropriate action, including registration of FIRs, provision of relief, restoration of rights, or disciplinary action against erring officials.

3. Participation and Advising on Development:

The Commission plays a crucial role in advising on the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State. This involves:

  • Policy Formulation: Contributing to the formulation of policies, programs, and schemes aimed at tribal development by providing expert advice, insights from ground realities, and feedback on existing initiatives.
  • Review and Evaluation: Periodically reviewing the progress of developmental schemes in tribal areas, assessing their effectiveness in achieving their stated objectives, and identifying bottlenecks or areas requiring more focus. This includes evaluating expenditure, outreach, and actual impact on tribal lives in sectors like education, health, livelihood, and infrastructure.
  • Bridging the Gap: Acting as a bridge between the government’s policy intentions and the actual needs and aspirations of tribal communities, ensuring that development is culturally sensitive, sustainable, and inclusive.

4. Presenting Annual and Special Reports:

The NCST is mandated to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards. These reports are vital instruments for accountability and policy formulation:

  • Annual Reports: These comprehensive reports detail the Commission’s activities, findings from investigations, status of safeguards, evaluation of developmental schemes, and recommendations for policy changes or administrative reforms. They often include statistical data on tribal development indicators.
  • Special Reports: The Commission can submit special reports on specific issues or urgent matters requiring immediate attention from the government, such as widespread atrocities, major displacements, or critical policy failures affecting tribal communities.
  • Parliamentary Scrutiny: Once submitted to the President, these reports are laid before each House of Parliament, along with a memorandum explaining the action taken or proposed to be taken on the recommendations, and the reasons for non-acceptance of any recommendation. In the case of State-specific recommendations, the reports are sent to the Governor, who places them before the State Legislature. This mechanism ensures parliamentary scrutiny and executive accountability regarding tribal welfare.

5. Other Functions (Specified by the President):

Article 338A(9) empowers the President to specify, by rule, other functions of the Commission relating to the protection, welfare, and development, and advancement of the Scheduled Tribes. These “other functions” are critical for addressing the multifaceted challenges faced by STs and provide flexibility to the Commission to evolve its focus based on emerging needs. These include, but are not limited to:

  • Measures for Protection of Land Rights: Addressing rampant land alienation, where tribal lands are illegally encroached upon or acquired without proper compensation or rehabilitation. The Commission recommends measures for the restoration of alienated tribal land and stronger legal frameworks to prevent future alienation.
  • Implementation of Forest Rights Act (FRA), 2006: Monitoring the recognition and vesting of forest rights (both individual and community) under FRA, which is crucial for tribal livelihoods and cultural existence. It intervenes in cases where titles are denied, or the process is slow or faulty.
  • Oversight of Panchayats (Extension to Scheduled Areas) Act (PESA), 1996: Ensuring the effective implementation of PESA, which grants significant self-governance powers to tribal Gram Sabhas in Fifth Schedule areas. The Commission monitors the transfer of powers to Gram Sabhas and their role in approving development projects, managing minor forest produce, and controlling local institutions.
  • Prevention of Atrocities: Closely monitoring the implementation of the SC/ST (Prevention of Atrocities) Act, 1989, to ensure that tribal victims of atrocities receive justice, protection, and rehabilitation. It recommends measures for speedy investigation, prosecution, and adequate compensation.
  • Rehabilitation and Resettlement of Displaced STs: Addressing issues related to the displacement of tribal communities due to development projects (e.g., dams, mines, industries). The Commission ensures that proper rehabilitation and resettlement policies are followed, adequate compensation is provided, and tribal cultural identity is preserved during the process.
  • Promotion of Education and Health: Reviewing access to quality education for tribal children, addressing high dropout rates, promoting culturally relevant education, and monitoring the availability and accessibility of healthcare facilities in tribal areas. It recommends specific interventions to bridge educational and health disparities.
  • Economic Development and Livelihoods: Promoting sustainable livelihood options, skill development, market linkages for tribal products, and protecting tribal communities from exploitation by moneylenders and middlemen.
  • Protection of Particularly Vulnerable Tribal Groups (PVTGs): Focusing special attention on PVTGs, who are the most marginalized among STs, ensuring their survival, protection of their unique culture, and targeted developmental interventions.
  • Cultural Preservation: Recommending measures for the documentation, preservation, and promotion of tribal languages, art forms, music, traditional knowledge, and ecological practices.
  • Review of Legislative and Executive Measures: The Commission critically examines new laws and policies proposed by the government to assess their potential impact on Scheduled Tribes, providing feedback and recommending necessary modifications to prevent adverse effects.

Powers of the National Commission for Scheduled Tribes

For the purposes of investigating any matter or inquiring into any complaint under Article 338A(5), the Commission is vested with significant powers, which are equivalent to those of a civil court trying a suit. This quasi-judicial authority is crucial for the Commission’s effectiveness in upholding justice and ensuring accountability. Specifically, the NCST has the power to:

  1. Summoning and Enforcing Attendance: Summon and enforce the attendance of any person from any part of India and examine him on oath. This power enables the Commission to call individuals, including government officials, for questioning and to obtain testimonies under oath.
  2. Requiring Discovery and Production of Documents: Require the discovery and production of any document. This allows the Commission to demand access to relevant files, records, reports, and other documents from government departments or private entities, which are essential for thorough investigations.
  3. Receiving Evidence on Affidavits: Receive evidence on affidavits. This facilitates the collection of sworn statements from witnesses or complainants, which can be legally admissible.
  4. Requisitioning Public Records: Requisition any public record or copy thereof from any court or office. This ensures access to official government documents, judicial records, and other public information pertinent to its inquiries.
  5. Issuing Commissions for Examination: Issue commissions for the examination of witnesses and documents. This power is useful when a witness cannot appear in person or when documents need to be examined at a specific location, allowing for designated individuals to conduct the examination on behalf of the Commission.
  6. Any Other Matter: Any other matter which the President may by rule determine. This provides flexibility for the expansion of the Commission’s procedural powers as per specific needs.

These powers are instrumental in enabling the NCST to conduct comprehensive and impartial investigations, gather necessary evidence, and hold governmental bodies and officials accountable for their actions or inactions concerning tribal rights and welfare.

The National Commission for Scheduled Tribes stands as a vital constitutional body, serving as the primary guardian of the rights and interests of India’s tribal communities. Its multi-faceted mandate, encompassing investigation, monitoring, policy formulation advice, and the crucial power to inquire into specific complaints, positions it as an indispensable institution for ensuring social justice and inclusive development for Scheduled Tribes. The Commission’s proactive engagement in reviewing the implementation of constitutional safeguards and dedicated laws, along with its evaluative role in socio-economic development plans, is fundamental to addressing the historical injustices and contemporary challenges faced by these communities.

Moreover, the NCST’s quasi-judicial powers, akin to those of a civil court, empower it to effectively probe instances of deprivation of rights, summon relevant parties, and demand production of crucial documents. This authority strengthens its capacity to conduct thorough investigations, unearth systemic issues, and recommend corrective measures. The regular submission of detailed annual and special reports to the President, which are subsequently placed before Parliament, ensures executive accountability and provides a crucial feedback loop for policy refinement and legislative action, thereby reinforcing the democratic principles of transparency and oversight.

Ultimately, the efficacy of the National Commission for Scheduled Tribes is paramount for upholding the constitutional vision of equality and dignity for all citizens. By diligently performing its diverse functions, the NCST plays a pivotal role in safeguarding the distinct cultural identities of tribal populations, preventing their exploitation, promoting their holistic development, and ensuring their meaningful participation in the national mainstream. Its continued strength and autonomy are critical for bridging existing disparities and fostering a more equitable and inclusive society where the unique heritage and rights of tribal communities are fully respected and protected.