• Constitutional Body: Established by Article 338-A of the Constitution.

• Genesis:

  • Originally, the National Commission for SCs and STs was formed after the 65th Constitutional Amendment Act of 1990 under Article 338.
  • A separate Ministry of Tribal Affairs was created in 1999.
  • The National Commission for STs was created by bifurcating the combined commission through the 89th Constitutional Amendment Act of 2003.
  • Article 338 was amended and Article 338-A was inserted.
  • The separate Commission came into existence in 2004.

• Composition:

  • Chairperson
  • Vice-Chairperson
  • Three other members
  • Appointed by the President by warrant under his/her hand and seal.
  • Conditions of service and tenure determined by the President (3 year term, not eligible for reappointment for more than two terms).

• Functions:

  • Monitor and investigate matters relating to constitutional and legal safeguards for STs.
  • Inquire into specific complaints regarding the deprivation of rights and safeguards.
  • Participate and advise on socio-economic development planning of STs.
  • Evaluate the progress of STs' development under the Union or a state.
  • Present reports to the President.
  • Discharge other functions specified by the President.

• Other Functions Specified by the President (2005):

  • Conferring ownership rights of minor forest produce.
  • Safeguarding tribal community rights over mineral and water resources.
  • Development of tribals and viable livelihood strategies.
  • Improving relief and rehabilitation for displaced tribal groups.
  • Preventing alienation of tribal people from land and rehabilitating those already alienated.
  • Eliciting cooperation and involvement of tribal communities in protecting forests and social afforestation.
  • Ensuring full implementation of the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996.
  • Reducing/eliminating shifting cultivation practices.

• Report:

  • Presents an annual report to the President.
  • Can submit reports as needed.
  • President presents reports to Parliament with an action taken memorandum.
  • Memorandum includes reasons for non-acceptance of recommendations.
  • Reports pertaining to state governments are forwarded to the governor.
  • Governor presents reports to the state legislature with an action taken memorandum.
  • Memorandum includes reasons for non-acceptance of recommendations.

• Powers:

  • Power to regulate its own procedure.
  • Powers of a civil court while investigating or inquiring into complaints:
    • Summoning and enforcing attendance of persons.
    • Requiring discovery and production of documents.
    • Receiving evidence on affidavits.
    • Requisitioning public records.
    • Issuing summons for examination of witnesses and documents.
    • Any other matter determined by the President.

• Consultation: Central and state governments are required to consult the Commission on major policy matters affecting STs.