The National Commission for Scheduled Tribes is a body established under Article-338A of the Constitution, as mandated by the Constitution. This Commission serves as an advisory body focused on promoting the welfare of Scheduled Tribes and safeguarding their rights within India.

Need for a separate National Commission for Scheduled Tribes (STs)

Geographically and culturally, STs are different from SCs and their problems are also different from them. Consequently, the 89th Constitutional Amendment Act of 2003 divided the previous National Commission for Scheduled Castes and Scheduled Tribes into two distinct commissions: the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes.

The initial National Commission for Scheduled Tribes was established on 19th February 2004 through the addition of Article-338A to the Constitution.. Shri Kunwar Singh was its first Chairperson.

Appointment and Composition of the National Commission for Scheduled Tribes

The National Commission for STs consist of-

• A Chairperson,
• A vice-chairperson, and
• Three other members.

The President appoints the Chairperson and members of the Commission. As stipulated by Article-338A, the President decides the conditions of service, tenure, and other aspects pertaining to the Commission. For this, the NCST, Chairperson, Vice-chairperson and members (conditions of service and tenure) Rules, 2004 were notified by the Ministry of Tribal Affairs.

National Commission for Scheduled Tribes Qualifications and tenure

• For Chairperson: The Chairperson of the Commission should be appointed from amongst eminent socio-political workers belonging to the STs, having a record of selfless service for the cause of STs.
• For Vice-chairperson and members: They should be appointed amongst persons with ability and integrity having a record of selfless service for the cause of justice for STs.
• At least one member must be a woman.

National Commission for Scheduled Tribes Term of office

The Chairperson, Vice-chairperson, and other members of the Commission serve a term of three years. They are not eligible for reappointment for more than two consecutive terms.

National Commission for Scheduled Tribes Salaries and allowances

The Chairperson of the Commission holds a rank equivalent to that of a Union Cabinet Minister, the Vice-chairperson holds the rank of a Minister of State, while other members have the rank of a Secretary to the Government of India.

The Chairperson, Vice-chairperson, and members receive salaries and allowances that match those of a Secretary to the Government of India.

Removal of Chairperson of National Commission for Scheduled Tribes

For Chairman: According to the NCST Rules of 2004, only the President can remove the Chairperson from office. He/she can be removed on the grounds of misbehaviour (decided after Supreme Court enquiry). Additional grounds for the Chairperson’s removal include: 

• He/she is adjudged an insolvent.
• He/she is engaged during his/her term of office in any paid employment outside the duties of the office.
• He/she in the opinion of the President is unfit to continue in office by reason of infirmity of mind and body.

For Vice chairperson and members: The President can dismiss the Vice-chairperson and members from their positions if:

• He/she is an undischarged insolvent.
• He/she gets convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.
• He/she is of unsound mind and body in the opinion of the  President.
• He/she refuses to act or become incapable of acting.
• He/she without obtaining leave from Commission, remains absent for three consecutive meetings.

Powers and Functions of National Commission for Scheduled Tribes

To protect the interests of Scheduled Tribes (STs) more effectively, the National Commission for STs carries out various functions: 

• Inquiry and investigation:

• • The Commission investigates all the matters relating to the constitutional and legal safeguards for the STs and evaluates their working.
  • The Commission investigates specific complaints regarding the deprivation of rights and protections for STs.
• Advisory function:
  • The Central and State governments are required to consult the Commission on all the major policy matters affecting STs.
  • It also engages in advising and participating in the planning of socio-economic development for STs and reviews the implementation progress.
• Monitoring function: 
  • The Commission from time to time determines the subjects or matters that it will monitor related to safeguards and other socio-economic development measures provided for Scheduled Castes.
  • In order to ensure that monitoring is done effectively, the Commission can ask for an Action taken report and suggest corrective measures in case of shortcoming.
• Quasi judicial Function:

 According to the Constitution, the NCSC has the authority to establish its own procedures. Therefore, while examining a case, the Commission possesses all the powers of a civil court in the following respects:

• The Commission can summon and compel individuals to attend from anywhere in India. 
• The Commission can request any evidence, documents, and public records from courts or offices.

• Other functions of the commission: According to NCST Rules, 2004 the Commission is also responsible for performing following functions:
  • It promotes measures to grant ownership rights concerning minor forest produce to STs residing in forested regions. 
  • It undertakes initiatives to protect tribal communities’ rights over mineral and water resources in accordance with laws. 
  • It works to enhance the livelihoods of tribal individuals through sustainable development strategies. 
  • It implements measures to improve the effectiveness of relief and rehabilitation efforts for tribal populations displaced due to developmental projects. 
  • It ensures the efficient application of the Panchayats (Extension to the Scheduled Areas) Act, 1996.

Reports of the National Commission for Scheduled Tribes

In accordance with Article-338A of the Constitution, the Commission is required to submit an annual report to the President and at other times deemed necessary by the Commission. . The President places such a report before the Parliament along with a memorandum explaining the action taken on the recommendations and reasons for non acceptance of any recommendation.

Challenges Faced by the National Commission for Scheduled Tribes

According to a report from a Parliamentary Committee, the following challenges hinder the Commission’s functioning:

• Delay in report submission: The NCST has not presented a single report to Parliament in the past four years. It has been noted that when the commission submitted reports, they were not released by the Ministry of Tribal Affairs. Such occurrences undermine the credibility of institutions in the eyes of the public.  
• Manpower and budgetary shortage: The Commission faces recruitment challenges due to a limited pool of applicants, as the eligibility requirements are set excessively high. Additionally, inadequate budget allocations hinder the Commission’s smooth operations.
• Irregular meetings: The Commission held only four meetings during the financial year 2021-22. While there has been an improvement in 2022-23 with eight meetings held so far, more consistency in meeting schedules is necessary.
• Rate of resolution of cases: As per National Crime Record Bureau, cases against STs have increased by 6.4% in 2021. Despite this, the NCST has nearly a 50% resolution rate for complaints, which raises concerns regarding the Commission’s overall effectiveness.

Way ahead

• The Parliamentary Committee recommended immediate filling of vacancies and review of budgetary allocation to improve the functioning of the Commission.
• Certain reforms like providing more powers to the Commission for suo moto actions, criminal investigation, power to impose monetary penalties, fixed time period for submitting reports etc. are needed to address the issue of effective functioning of Commission.

The National Commission for STs is envisaged to address the miscarriage of justice and to uphold the spirit of diversity. Hence, a thorough introspection by Commission is need of the hour to ensure the upliftment of the most vulnerable i.e. Antyodaya.