National Commission for STs

National Commission for STs
The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. It consists of a chairperson, a vice-chairperson and three other members. They are appointed by the President by a warrant under his hand seal and their conditions of service and tenure of office are also determined by the President

Functions and Duties of the Commission
1. To investigate & monitor matters relating to safeguards provided for STs under the Constitution or under other laws or under Govt. Order, to evaluate the working of such Safeguards.
2. To inquire into specific complaints relating to Rights & Safeguards of STs;
3. To participate and advise in the Planning Process relating to Socio-economic development of STs, and to Evaluate the progress of their development under the Union and any State;
4. To submit report to the President annually and at such other times as the Commission may deem fit, upon/ working of safeguards, measures required for effective implementation of Programmers/ Schemes relating to Welfare and Socio-economic development of STs;
5. To discharge such other functions in relation to STs as the President may specify;
6. The Commission would also discharge the following other functions in relation to the protection, welfare and development & advancement of the Scheduled Tribes
7. Union and every State Govt. to consult the Commission on all major Policy matters affecting Scheduled Tribes
8. For Investigation and Inquiry, the Commission is vested with powers of a civil court having authority to   
      Summon and enforce attendance of any person and examine on oath;
      Discovery & production of any documents;
      Receive evidence on affidavits;
      Requisition any public record or copy thereof from any court or office;
      Issue Commissions for examination of witnesses and documents; and
      Any matter which President, by rule, may determine.

Report of the Commission
The commission presents an annual report to the president. It can also submit a report as and when it thinks necessary. The President places all such reports before the Parliament, along with a memorandum explaining the action taken on the recommendations made by the Commission. The memorandum should also contain the reasons for the non-acceptance of any such recommendations. The President also forwards any report of the Commission pertaining to a state government to the state governor. The governor then places it before the state legislature.

Constitutional Safeguards for SCs & STs
Educational & Cultural Safeguards
      Art. 15(4)      - Special provisions for advancement of other backward classes (which includes SCs and STs);
      Art. 29      - Protection of Interests of Minorities (which includes SCs and STs);
      Art. 46      - The State shall promote, with special care, the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes, and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation

      Art. 350      - Right to conserve distinct Language, Script or Culture & instruction in Mother Tongue.

Social Safeguards


      Art. 23      - Prohibition of traffic in human beings and beggar and other similar form of forced labour;
      Art. 24      - Forbidding Child Labour.

Economic Safeguards
      Art.244      - Provisions of Fifth Schedule shall apply to the administration & control of the Scheduled Areas and Scheduled Tribes in any State other than the states of Assam, Meghalaya, Mizoram and Tripura which are covered under Sixth Schedule.
      Art. 275      - Grants in-Aid to specified States (STs&SAs) covered under Fifth and Sixth Schedules of the Constitution.

Political Safeguards
      Art.164(1)      - Provides for Tribal Affairs Ministers in Bihar, MP and Orissa;
      Art. 330      - Reservation of seats for SCs and STs in Lok Sabha;
      Art. 337- Reservation of seats for SCs and STs in State Legislatures;
      Art. 334      - 10 years period for reservation (Amended several times to extend the period.);
      Art. 243      - Reservation of seats in Panchayats.
      Art. 371      - Special provisions in respect of NE States and Sikkim

Service Safeguards
Under Art.16(4),16(4A),164(B) Art.335, and Art. 320(40)