Consider the following statements regarding the National Commission for Scheduled Tribes (NCST):

1. The NCST was originally mentioned in the Constitution of India under Article 338.

2. The NCST has binding powers over the Central and State governments.

3. The primary function of the NCST is to investigate and monitor the implementation of safeguards for Scheduled Tribes provided in the Constitution.

4. The President can forward any report of NCST pertaining to a State Government to the concerned State Governor.

5. The term 'Scheduled Tribes' is defined in the Constitution of India.

How many of the above statements are correct?

The correct answer is option 2.

Key Points

• The NCST was not originally mentioned in the Constitution under Article 338. It was established under Article 338A through the 89th Constitutional Amendment Act, 2003. Hence, 1 is incorrect.
• The NCST does not have binding powers over the Central and State governments. Its recommendations are advisory in nature. Hence, 2 is incorrect.
• The main function of the NCST is to monitor and review the implementation of safeguards for Scheduled Tribes. Hence, 3 is correct.
• The President also forwards any report of the Commission pertaining to a State Government to the concerned State Governor. Hence 4 is correct.
• The term Scheduled Tribes is defined in the Constitution of India under Article 366(25). Hence, 5 is correct.

Additional Information

• Constitutional Basis:
  • Established under Article 338A (inserted by the 89th Constitutional Amendment Act, 2003).
  • Earlier, Scheduled Tribes were covered under the National Commission for Scheduled Castes and Scheduled Tribes (under Article 338).
• Composition:
  • Chairperson, Vice-Chairperson, and three members appointed by the President of India.
• Functions:
  • Investigate and monitor safeguards for Scheduled Tribes under the Constitution.
  • Evaluate the socio-economic development of Scheduled Tribes.
  • Advise on planning and policies for their welfare.
  • Submit annual reports to the President on the working of safeguards.
• Powers:
  • Can investigate specific complaints related to the deprivation of rights of Scheduled Tribes.
  • Can summon witnesses and call for records during investigations.
• Limitations:
  • Recommendations are advisory and not binding on the government.
  • Cannot enforce its decisions but plays a crucial role in advocacy.
• Key Facts:
  • Scheduled Tribes are defined under Article 366(25) of the Constitution.
  • The NCST submits its reports to the President, not the Governor.