1. Origin and Constitutional Evolution
- Initial Provision: Originally, Article 338 provided for a “Special Officer” for SCs and STs.
- 65th Amendment (1990): Replaced the single Special Officer with a high-level multi-member National Commission for SCs and STs.
- 89th Amendment (2003): Bifurcated the combined commission into two separate bodies:
- National Commission for Scheduled Castes (Article 338)
- National Commission for Scheduled Tribes (Article 338A)
- Establishment: The separate NCST came into existence on February 19, 2004.
2. Structure and Composition
- Members: Consists of a Chairperson, a Vice-Chairperson, and three other members.
- Appointment: Appointed by the President by warrant under his hand and seal.
- At least one member must be a woman.
- Tenure: The term of office is 3 years.
- Reappointment: Members are not eligible for more than two terms.
- Status/Ranks:
- Chairperson: Rank of Union Cabinet Minister.
- Vice-Chairperson: Rank of Minister of State.
- Other Members: Rank of Secretary to the Govt of India.
3. Powers and Functions
The NCST acts as a “Watchdog” for tribal rights.
- Investigative: Monitors all matters relating to the constitutional and legal safeguards for STs.
- Advisory: Participates and advises on the planning process of socio-economic development of STs.
- Quasi-Judicial Powers: While investigating any matter, the Commission has all the powers of a Civil Court, including:
- Summoning any person from any part of India.
- Requiring the discovery and production of any document.
- Receiving evidence on affidavits.
- Annual Reports: Submits reports to the President annually (or as required). The President places these before Parliament, along with an “Action Taken Report” (ATR).
4. Specific Functions (Presidential Order, 2005)
In addition to general duties, the President has specified further functions:
- Measures for full implementation of the PESA Act, 1996.
- Measures to confer ownership rights over Minor Forest Produce (MFP) to STs.
- Measures to prevent alienation of tribal land and effective rehabilitation.
- Measures to eliminate the practice of shifting cultivation.
Q. With reference to the National Commission for Scheduled Tribes (NCST), consider the following statements:
I. It was established as a separate body by the 65th Constitutional Amendment Act.
II. The conditions of service and tenure of the members are determined by the President.
III. The Commission has the power to regulate its own procedure.
Which of the statements given above is/are correct?
(a) I and II only
(b) II and III only
(c) III only
(d) I, II and III
Answer: (b)
Explanation:
Statement I Incorrect: The NCST was established as a separate body by the 89th Constitutional Amendment Act, 2003, which inserted Article 338A.
Statement II Correct: The Chairperson and members are appointed by the President by warrant under his hand and seal, and the President determines their tenure and service conditions.
Statement III Correct: Under Article 338A(4), the Commission has the express power to regulate its own procedure rather than being strictly bound by government-prescribed rules of business.
