23rd Foundation Day of National Commission for Scheduled Tribes

• 21 Feb 2026

Source: PIB

Why in News?

The Ministry of Tribal Affairs observed the 23rd Foundation Day of the National Commission for Scheduled Tribes (NCST), highlighting NCST’s constitutional mandate and objectives to protect and promote the rights of Scheduled Tribes (STs).

What is the National Commission for Scheduled Tribes?

• About: NCST is a constitutional body established under Article 338-A of the Constitution through the 89th Constitutional Amendment Act, 2003, which bifurcated the earlier combined National Commission for SCs and STs to provide focused attention on the distinct problems and developmental needs of tribal communities. 
• Composition: Consists of Chairperson, Vice-Chairperson, and 3 other members (including at least one woman Member) appointed by the President by warrant under his hand and seal; their conditions of service and tenure are determined by the President.
• Tenure and Service Conditions: The Chairperson, Vice-Chairperson, and other Members serve a 3-year term, with the Chairperson holding the rank of Union Cabinet Minister, the Vice-Chairperson the rank of a Minister of State, and other Members the rank of Secretary to the Government of India. 
  • Members are not eligible for appointment for more than two terms.
• Core Functions: Investigate and monitor constitutional/legal safeguards for STs; inquire into specific complaints regarding deprivation of rights; participate in socio-economic development planning; evaluate development progress; submit reports to the President; make recommendations to Union/state governments.
  • Additional Functions (Specified by President in 2005): Include measures for minor forest produce ownership rights, safeguarding rights over mineral and water resources, preventing land alienation, implementing the PESA Act, 1996, improving relief and rehabilitation for displaced tribals, and eliminating shifting cultivation.
• Reporting Mechanism: Submits annual/periodic reports to President; President places reports before Parliament with memorandum on action taken; state-related reports forwarded to Governor for presentation before state legislature.
• Powers: Possesses civil court powers for investigations—can summon persons, require document production, receive affidavits, requisition public records; empowered to regulate its own procedure.
• Mandatory Consultation: Central and state governments must consult the Commission on all major policy matters affecting STs.

Provisions Related to STs in India

• About STs: The Constitution of India does not provide a specific definition for Scheduled Tribes (STs) but establishes a process for their identification through Article 342, while special administrative provisions are contained in the Fifth Schedule and Sixth Schedule along with protective legislations.
• Constitutional Provisions: Article 366(25) defines Scheduled Tribes (STs) as tribes or tribal communities, or parts thereof, that are deemed under Article 342 to be STs for the purposes of the Constitution.
  • Article 342(1) empowers the President to specify tribes as STs in consultation with the Governor for states.
• Scheduled Areas: The Fifth Schedule governs Scheduled Areas and STs in states other than Sixth Schedule states (Assam, Meghalaya, Tripura and Mizoram). 
  • The Sixth Schedule provides Autonomous District Councils for tribal areas in Assam, Meghalaya, Tripura and Mizoram.
• Key Legislations: Protection of Civil Rights Act, 1955; SC/ST (Prevention of Atrocities) Act, 1989; PESA Act, 1996 extending Panchayats to Scheduled Areas; Forest Rights Act, 2006 recognizing forest rights.

Frequently Asked Questions (FAQs)

1. What is the constitutional basis of the National Commission for Scheduled Tribes (NCST)?
The NCST is established under Article 338-A by the 89th Constitutional Amendment Act, 2003 as a constitutional body to safeguard ST rights.

2. How are Scheduled Tribes identified under the Constitution?
Under Article 342, the President specifies STs in consultation with the Governor; Article 366(25) defines STs for constitutional purposes.

3. What is the difference between the Fifth and Sixth Schedules?
The Fifth Schedule governs Scheduled Areas in most states, while the Sixth Schedule provides Autonomous District Councils in Assam, Meghalaya, Tripura, and Mizoram.

UPSC Civil Services Examination Previous Year Question (PYQ)

Q. If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it? (2022)

(a) This would prevent the transfer of land of tribal people to non-tribal people.
(b) This would create a local self-governing body in that area.
(c) This would convert that area into a Union Territory.
(d) The State having such areas would be declared a Special Category State.

Ans: (a)

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Q. Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void? (2019)

(a) Third Schedule
(b) Fifth Schedule
(c) Ninth Schedule
(d) Twelfth Schedule

Ans: (b)

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Q. The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to (2015)

(a) protect the interests of Scheduled Tribes
(b) determine the boundaries between States
(c) determine the powers, authority and responsibilities of Panchayats
(d) protect the interests of all the border States

Ans: (a)