National Commission for Scheduled Tribes (NCST)

The National Commission for Scheduled Tribes (NCST) has set up a special committee to examine how it can perform eight additional functions assigned by the Ministry of Tribal Affairs under a 2005 notification.

Institutional Response Over the Years

• Initial Limitation (2005): NCST stated it was “severely handicapped” due to lack of staff and funds to undertake studies on these functions.
• Annual Reports: While the first annual report (2005) acknowledged its inability to fulfil these duties, subsequent reports have made no mention of steps taken, highlighting neglect of this extended mandate.

About National Commission for Scheduled Tribes (NCST)

Constitutional Status

• Provision: Established in 2004, under Article 338A of the Constitution through the 89th Constitutional Amendment Act, 2003.
• Separation from NCSC: Earlier, a single National Commission for Scheduled Castes (NCSC) and Scheduled Tribes existed under Article 338. Post-amendment, a separate NCST was created to focus exclusively on ST issues.
• Composition: Chairperson, Vice-Chairperson, and three other Members (at least one woman). Appointed by the President.

Functions under Article 338A

• Safeguard Monitoring: Investigate matters relating to constitutional and legal safeguards for STs.
• Inquiry Powers: Inquire into complaints regarding deprivation of rights and safeguards.
• Advisory Role: Advise Union and State governments on socio-economic development of STs.
• Annual Reports: Submit reports to the President; tabled in Parliament with action-taken memoranda.
• Program Evaluation: Review and monitor implementation of welfare schemes for STs.

Powers of NCST

• Civil Court Powers: Can summon, examine witnesses, receive evidence, requisition public records, and issue commissions.
• Investigative Authority: May take up cases suo motu or based on petitions.
• Direct Reporting: Reports directly to the President, ensuring constitutional autonomy.

Challenges and Limitations

• Staffing Gaps: Presently has only two nominated members out of the required five; no permanent Chairman or Financial Adviser in place.
• Administrative Weakness: Limited financial authority, inadequate office space, and lack of supporting staff.
• Overlapping Jurisdiction: Many tribal communities are also classified as SC or OBC, complicating benefit delivery and limiting NCST’s mandate.
• Advisory Role Only: Recommendations are not binding on governments, leading to weak enforcement.

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