Context: In the recent data presented by the Ministry of Tribal Affairs (MoTA) revealed that the National Commission for Scheduled Tribes (NCST) is currently functioning with less than 50% of its sanctioned strength.

National Commission for Scheduled Tribes

• Established by: Amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003.

• Composition: Chairperson, Vice-Chairperson & Three full-time Members

Functions of the Commission

• To investigate & Monitor matters relating to Safeguards provided for STs under the Constitution.

• To inquire into specific complaints relating to the Rights & Safeguards of STs.

• To participate and advise in the Planning Process relating to the Socioeconomic development of STs.

• To evaluate the progress of their development under the Union and any State.

• To discharge such other functions concerning STs as the President may, subject to the provisions of any law made by Parliament, by rule specify.

Powers of the Commission

• Summon and enforce the 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 the examination of witnesses and documents

• Any matter which President, by rule, may determine.

Provisions Related to STs in India

• The Constitution of India does not define the criteria for recognition of STs. As per Census-1931, STs are termed as "backward tribes” living in the "Excluded" and "Partially Excluded" areas.

• The Government of India Act of 1935 called for the first time for representatives of "backward tribes" in provincial assemblies.

Constitutional Provisions

Article 366(25): It only provides a process to define STs

• “STs means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution.”

• Article 342(1): The President with respect to any State/UT (after consultation with the Governor in case of state) may specify the tribes/tribal communities/part of or groups within tribes/ tribal communities as a Scheduled Tribe in that State/UT.

• Fifth Schedule: It lays out provisions for the Administration and Control of Scheduled Areas and STs in states other than 6th Schedule States.

• Sixth Schedule: Deals with the administration of the tribal areas in Assam, Meghalaya, Tripura and Mizoram.

Statutory Provisions

• Protection of Civil Rights Act, 1955 against Untouchability.

• Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

• Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996.

• Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.