Part XVI: Special Provisions for Certain Classes

Article 338A: National Commission for Scheduled Tribes

Original Article:

(1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the Scheduled Tribes.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.

(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.

(4) The Commission shall have the power to regulate its own procedure.

(5) It shall be the duty of the Commission—

• (a) To investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
• (b) To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes;
• (c) To participate and advise on the planning process of socioeconomic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State;
• (d) To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
• (e) To make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes; and
• (f) To discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify.

Explanations:

Article 338A of the Indian Constitution mandates the establishment of a National Commission for Scheduled Tribes (NCST), introduced by the Constitution (Eighty-ninth Amendment) Act, 2003. The commission oversees, reports, and advises on the welfare and development of Scheduled Tribes (STs) across India, ensuring their protection and advancement.

Clause-by-Clause Explanation:

Clause (1): Establishment of the Commission

This clause mandates the formation of the National Commission for Scheduled Tribes (NCST), emphasizing its role in safeguarding tribal rights and addressing issues affecting these communities.

Clause (2): Composition and Tenure

The NCST consists of a Chairperson, Vice-Chairperson, and three other Members. Their service conditions and tenure are determined by the President, ensuring a structured and balanced leadership.

Clause (3): Appointment by the President

Members are appointed by the President through a formal warrant, underscoring the constitutional importance of the Commission.

Clause (5): Duties of the Commission

The Commission's duties include monitoring safeguards, addressing grievances, advising on development planning, and reporting to the President. It ensures the protection, welfare, and socio-economic development of Scheduled Tribes.

Amendments:

The Constitution (Eighty-ninth Amendment) Act, 2003, effective from 19-2-2004, introduced Article 338A to establish the National Commission for Scheduled Tribes, separating it from the National Commission for Scheduled Castes for more focused attention on tribal welfare.

Legislative History:

The Eighty-ninth Amendment separated the NCST from the National Commission for Scheduled Castes to address the unique challenges faced by Scheduled Tribes.

Real-Life Examples:

The NCST has been instrumental in land rights cases under the Forest Rights Act, protecting the livelihoods and culture of Scheduled Tribes.