Executive Summary:
This document contains the response to Lok Sabha Unstarred Question No. 2023 regarding the Ministry of Tribal Affairs. It outlines the Ministry's objectives, its historical context, and its relationship with the National Commission for Scheduled Tribes (NCST). Key information includes the mandate of the Ministry, the prior supervisory body for tribal development, and details about the NCST's independent functioning as per the Constitution Eighty-ninth Amendment Act, 2003.
Key Points / Main Content:
Ministry of Tribal Affairs:
* Mandate: As per the Government of India Allocation of Business Rules, 1961 (amended up to July 3, 2025), the Ministry's mandate includes social security and insurance for Scheduled Tribes, tribal welfare planning, promotion of voluntary efforts, scholarships, development initiatives, and matters related to forest rights.
* Nodal Ministry: The Ministry is the nodal agency for overall policy, planning, and coordination of development programs for Scheduled Tribes. Sectoral programs are the responsibility of concerned Central Ministries/Departments, State Governments, and Union Territory Administrations.
* Responsibilities: Includes Scheduled Areas, regulations by Governors, commissions reporting on Scheduled Areas, directions for welfare schemes, the NCST, implementation of Civil Rights Act and Prevention of Atrocities Act (excluding criminal justice administration), and monitoring of Tribal Sub-Plan based on NITI Aayog framework.
* Historical Context: Before the Ministry's formation in 1999, the Ministry of Social Justice and Empowerment supervised and implemented tribal development activities.
National Commission for Scheduled Tribes (NCST):
* Constitutional Body: The NCST is a constitutional body established under Article 338A of the Constitution of India.
* Independent Functioning: The Commission has the power to regulate its own procedure, as per Article 338 A4.
* Constitution Amendment: The Constitution Eighty-ninth Amendment Act, 2003, provides the framework for the NCST's structure and function.
Constitution Eighty-ninth Amendment Act, 2003:
* Establishment: The Act establishes the National Commission for Scheduled Tribes under Article 338A.
* Structure: The Commission consists of a Chairperson, Vice-Chairperson, and three other Members, appointed by the President.
* Powers and Duties: The Commission investigates and monitors safeguards for Scheduled Tribes, inquires into rights deprivations, participates in socioeconomic development planning, presents reports to the President, makes recommendations for effective implementation of safeguards, and discharges other functions related to the protection, welfare, development, and advancement of Scheduled Tribes.
* Reporting: The President lays reports before each House of Parliament, and State Governors lay reports before State Legislatures, with explanations of actions taken.
* Powers of Civil Court: The Commission has the powers of a civil court in investigating matters, including summoning witnesses, requiring document production, receiving evidence, and issuing commissions.
* Consultation: The Union and State Governments must consult the Commission on major policy matters affecting Scheduled Tribes.
Impact Analysis:
Central Ministries/Departments, State Governments, and Union Territory Administrations:
* Impact: Responsible for sectoral programs and schemes of development for Scheduled Tribes, including policy, planning, monitoring, and evaluation.
* Action Required: Coordinate with the Ministry of Tribal Affairs for overall policy and planning, and implement sectoral programs effectively.
Scheduled Tribes:
* Impact: Benefit from social security, welfare programs, developmental initiatives, and safeguards provided by the Constitution and the government.
* Action Required: Be aware of their rights and entitlements, and report any grievances or deprivations to the National Commission for Scheduled Tribes.
National Commission for Scheduled Tribes:
* Impact: Responsible for safeguarding the rights and interests of Scheduled Tribes and advising the government on relevant policies and programs.
* Action Required: Investigate complaints, monitor safeguards, participate in planning processes, and submit reports to the President with recommendations.
President of India:
* Impact: Appoints the Chairperson, Vice-Chairperson, and Members of the National Commission for Scheduled Tribes. Receives reports from the Commission.
* Action Required: Consider the Commission's reports and recommendations and take appropriate action. Lay the reports before each House of Parliament.
Parliament and State Legislatures:
* Impact: Receive reports from the President and Governors, respectively, on the working of safeguards for Scheduled Tribes.
* Action Required: Review the reports and take necessary legislative or policy actions.
Key Entities Referenced
Ministry of Tribal Affairs: A ministry of the Government of India, responsible for the welfare and development of Scheduled Tribes.
National Commission for Scheduled Tribes: A constitutional body in India established to safeguard the interests of Scheduled Tribes.
Scheduled Tribes: Officially designated groups of indigenous people in India recognized by the Constitution as needing special protection.
Lok Sabha: The lower house of the Parliament of India.
Ministry of Social Justice Empowerment: A ministry of the Government of India that previously supervised and implemented tribal development related activities before the formation of the Ministry of Tribal Affairs.
Government of India Allocation of Business Rules, 1961: A set of rules that allocates responsibilities and mandates to various ministries and departments within the Government of India.
Constitution of India: The supreme law of India, which provides the framework for the governance of the country and guarantees fundamental rights to its citizens.
NITI Aayog: The National Institution for Transforming India, a policy think tank of the Government of India.
GOVERNMENT OF INDIA
MINISTRY OF TRIBAL AFFAIRS
LOK SABHA
UNSTARRED QUESTION No. 2023
TO BE ANSWERED ON 31.07.2025
OBJECTIVES BEHIND CONSTITUTION OF MINISTRY FOR TRIBAL AFFAIRS
† 2023. DR. MANNA LAL RAWAT:
Will the Minister of TRIBAL AFFAIRS be pleased to state?
(a) the objective of constituting the Ministry of Tribal Affairs;
(b) the Ministry, Department or Authority which was responsible for supervising and
implementing tribal development-related activities prior to the formation of the Ministry of Tribal
Affairs in 1999;
(c) the copy of the order regarding the constitution of the Ministry of Tribal Affairs in 1999;
(d) whether the National Commission for Scheduled Tribes is functioning independently or is
under administrative control of the Ministry of Tribal Affairs and if so, the details thereof; and
(e) the copy of the orders regarding the constitution of the said Commission?
ANSWER
MINISTER OF STATE FOR TRIBAL AFFAIRS
(SHRI DURGADAS UIKEY)
(a), (b) & (c): As per Government of India (Allocation of Business) Rules, 1961 (as amended upto
Amendment Series no. 382, dated 3rd July, 2025), the mandate assigned to Ministry of Tribal
Affairs is given in Annexure-A. Prior to formation of Ministry of Tribal Affairs in 1999, the
responsibility of supervising and implementing tribal development-related activities was
lying with Ministry of Social Justice & Empowerment. The relevant extracts of 243rd amendment
of Government of India (Allocation of Business) Rules, 1961 relating to formation of Ministry of
Tribal Affairs is given as Annexure-B.
(d) & (e): The National Commission for Scheduled Tribes (NCST) is a constitutional body
constituted under Article 338A of the Constitution of India. As per Article 338 A(4) the
Commission shall have the power to regulate its own procedure. Copy of the Constitution (Eighty-
ninth Amendment) Act, 2003 is given as Annexure-C.Annexure referred to in the reply to parts (a) to (c) of Lok Sabha Unstarred Question No. 2023 for
answer on 31.07.2025
Annexure-A
Mandate of Ministry of Tribal Affairs
1. Social security and social insurance with respect to the Scheduled Tribes.
2. Tribal Welfare : Tribal welfare planning, project formulation, research, evaluation, statistics and
training.
3. Promotion and development of voluntary efforts on tribal welfare.
4. Scheduled Tribes, including scholarship to students belonging to such tribes.
5. Development of Scheduled Tribes.
5A. All matters including legislation relating to the rights of forest dwelling Scheduled Tribes on
forest lands.
NOTE:-The Ministry of Tribal Affairs shall be the nodal Ministry for overall policy, planning and
coordination of programmes of development for the Scheduled Tribes. In regard to sectoral
programmes and schemes of development of these communities policy, planning, monitoring,
evaluation etc. as also their coordination will be the responsibility of the concerned Central
Ministries/ Departments, State Governments and Union Territory Administrations. Each Central
Ministry/Department will be the nodal Ministry or Department concerning its sector.
6. (a) Scheduled Areas;
(b) regulations framed by the Governors of States for Scheduled Areas.
7. (a) Commission to report on the administration of Scheduled Areas and the welfare of the
Scheduled Tribes; and
(b) issue of directions regarding the drawing up and execution of schemes essential for the welfare
of the Scheduled Tribes in any State.
8. The National Commission for Scheduled Tribes.
9. Implementation of the Protection of Civil Rights Act, 1955 (22 of 1955) and the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), excluding
administration of criminal justice in regard to offences in so far as they relate to Scheduled Tribes.
10. Monitoring of Tribal Sub-Plan, based on the framework and mechanism designed by NITI
Aayog.Annexure referred to in the reply to parts (a) to (c) of Lok Sabha Unstarred Question No. 2023 for answer
on 31.07.2025
Annexure-BAnnexure referred to in the reply to parts (d) to (e) of Lok Sabha Unstarred Question No. 2023 for answer
on 31.07.2025
Annexure-C
REGD.NO.D.L(N)04/0007/2003-05
The Gazette of India
Extraordinary
PART II-Section 1
PUBLISHED BY AUTHORITY
No.55 NEW DELHI, TUESDAY, SEPTEMBER 30,2003/ASVINA 8, 1925
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 30th September, 2003/Asvina 8, 1925 (Saka)
The following Act of Parliament received the assent of the President on the 28th
September, 2003, and is hereby published for general information:-
THE CONSTITUTION (EIGHTY-NINTH AMENDMENT) ACT, 2003
[28th September, 2003]
An Act further to amend the Constitution of India.
Be it enacted by Parliament in the Fifty-fourth Year of the Republic of India as
follows:-
1.(1) This Act may be called the Constitution (Eighty-ninth Amendment) Short title and
Act, 2003.
commencement
(2) It shall come into force on such date as the Central Government
may, by notification in the official Gazette, appoint.
2. In article 338 of the Constitution-- Amendment of
article 338
(a) for the marginal heading, the following marginal heading shall
be substituted namely:-
“National Commission for Scheduled Castes”,(b) for clause (1) and (2), the following clauses shall be substituted,
namely:-
(1) There shall be a Commission for the Scheduled castes to be known as the National
Commission for Scheduled Castes.
(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.:
(c) in-clauses (5) and (10), the words “and Scheduled Tribes” where they
occur shall be omitted.
Insertion of New (3). After Article 338 of the Constitution, the following article shall be inserted
Article 338A. namely:-
National “338 A (1) There shall be a Commission for the Scheduled tribes to be known as
Commission
the National Commission for the Scheduled Tribes.
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 anby 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 insulation to the protection, welfare and development
and advancement of the Scheduled tribes as the President may, subject to the provisions of any
law made by Parliament by rule specify.
(6) The President shall cause all such reports to be laid before each House of Parliament
alongwith 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 any 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 manners 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.”
SUBHASH C. JAIN
Secy to the Govt. of India