Article 338A of the Indian Constitution establishes the National Commission for Scheduled Tribes (NCST). This commission is a constitutional body entrusted with the mandate to monitor and safeguard the interests of Scheduled Tribes in India. It investigates specific grievances related to the rights and safeguards of Scheduled Tribes and participates in the planning process relating to their socio-economic development.
Original Text
338A. National Commission for Scheduled Tribes
(1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for Scheduled Tribes.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.
(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.
(4) The Commission shall have the power to regulate its own procedure.
(5) It shall be the duty of the Commission—
(a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes;
(c) to participate and advise on the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State;
(d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
(e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes; and
(f) to discharge such other functions in relation to the protection, welfare, development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, specify.
(6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.
(7) Where any such report, or any part thereof, relates to any matter with which a State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.
(8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses and documents;
(f) any other matter which the President may, by rule, determine.
(9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.
(10) In this article, reference to “Scheduled Tribes” shall be construed as including references to such other backward classes as the president may, on receipt of the report of a Commission appointed under clause (1) of article 338, by order specify and also to Anglo-Indian community.
Detailed Explanation
Article 338A mandates the establishment of the National Commission for Scheduled Tribes (NCST) as a constitutional body, separate from the National Commission for Scheduled Castes. It defines its composition, functions, powers, and reporting obligations.
- Clause (1): Establishes the Commission.
- Clause (2): Specifies the composition of the Commission: a Chairperson, a Vice-Chairperson, and three other Members. The President determines their service conditions and tenure, subject to any law made by Parliament.
- Clause (3): The President appoints the Chairperson, Vice-Chairperson, and Members by warrant under his hand and seal.
- Clause (4): Empowers the Commission to regulate its own procedure.
- Clause (5): Outlines the duties of the Commission. These include monitoring safeguards for Scheduled Tribes, investigating complaints regarding rights deprivation, participating in socio-economic development planning, evaluating progress, presenting annual reports to the President with recommendations, and discharging other functions related to the protection, welfare, development, and advancement of Scheduled Tribes as the President may specify.
- Clause (6): Requires the President to lay the Commission’s reports before each House of Parliament, along with an explanatory memorandum on the action taken or proposed to be taken on the recommendations. Reasons for non-acceptance of any recommendations must also be included.
- Clause (7): If a report concerns a State Government, it must be forwarded to the Governor, who must lay it before the State Legislature with an explanatory memorandum.
- Clause (8): Grants the Commission the powers of a civil court while investigating matters related to safeguards or inquiring into complaints. These powers include summoning individuals, requiring document production, receiving evidence on affidavits, requisitioning public records, and issuing commissions for witness examination.
- Clause (9): Requires the Union and State Governments to consult the Commission on all major policy matters affecting Scheduled Tribes.
- Clause (10): States that reference to ‘Scheduled Tribes’ can also include other backward classes as per the report of a commission appointed under Article 338(1) or the Anglo-Indian community as the President may specify.
Detailed Notes
- Establishment: Article 338A establishes the National Commission for Scheduled Tribes (NCST) as a constitutional body.
- Composition:
- Chairperson
- Vice-Chairperson
- Three other Members
- Appointed by the President via warrant.
- Their conditions of service and tenure are determined by the President, subject to parliamentary law.
- Functions:
- Investigate and monitor all matters relating to safeguards provided for Scheduled Tribes.
- Inquire into specific complaints regarding the deprivation of rights and safeguards.
- Participate in and advise on the planning process of socio-economic development of Scheduled Tribes.
- Evaluate the progress of their development under the Union and any State.
- Present annual reports to the President on the working of the safeguards.
- Recommend measures for the effective implementation of safeguards and other measures for protection, welfare and socio-economic development.
- Discharge other functions as the President may specify, subject to parliamentary law.
- Reporting:
- The President lays the Commission’s reports before each House of Parliament with an explanatory memorandum.
- If a report concerns a State Government, it is forwarded to the Governor to be laid before the State Legislature.
- Powers:
- The Commission has the powers of a civil court while investigating matters.
- Powers include:
- Summoning and enforcing attendance.
- Requiring discovery and production of documents.
- Receiving evidence on affidavits.
- Requisitioning public records.
- Issuing commissions for the examination of witnesses and documents.
- Consultation: The Union and State Governments must consult the Commission on all major policy matters affecting Scheduled Tribes.
- Inclusion: Reference to “Scheduled Tribes” can also include other backward classes as per the report of a commission appointed under Article 338(1) or the Anglo-Indian community as the President may specify.
Additional Comments
- Article 338A was inserted into the Constitution by the 89th Amendment Act of 2003, bifurcating the erstwhile National Commission for Scheduled Castes and Scheduled Tribes into two separate bodies.
- This separation acknowledged the distinct socio-economic challenges faced by Scheduled Castes and Scheduled Tribes and allowed for more focused attention on the specific issues related to tribal communities.
- The powers vested in the Commission, particularly those of a civil court, are crucial for effectively investigating grievances and ensuring the protection of the rights of Scheduled Tribes.
Summary
Article 338A establishes the National Commission for Scheduled Tribes as a constitutional body with a Chairperson, Vice-Chairperson, and three members appointed by the President. It defines the Commission’s duties including monitoring safeguards, investigating complaints, participating in socio-economic planning, and reporting to the President. The Commission possesses powers of a civil court and both Union and State governments are mandated to consult with the Commission on policy matters affecting Scheduled Tribes. It seeks to safeguard and promote the interests of Scheduled Tribes in India.