THE PLAIN-LANGUAGE GUIDE
What does this mean?
The National Commission for Scheduled Tribes has the specified monitoring, inquiry, advice and reporting responsibilities concerning ST safeguards and development. It has stated civil-court powers for its covered investigations.
Reserved representation and special safeguards for specified communities, commissions and listing procedures.
Why is this provision here?
Special representation and community safeguards need defined eligibility, duration and monitoring arrangements. The specific conditions above prevent an historical or enabling measure being mistaken for an unconditional present entitlement.
Historical evidenceArticle 338A was introduced in its present subject framework by Amendment 89 (2003), after the original Constitution. The verified sources are the official edition and the linked Amendment Act and Bill statement. Original 1946–1950 Assembly debates predate this insertion and are not presented as its direct drafting reason. The explanation of function above is editorial; the Bill statement supplies the attributed legislative reasons for the later proposal.
The explanation of purpose is an editorial reading of the provision. A drafting motive is attributed only where a linked historical source supports it.
Limits, exceptions & reading carefully
Educational summary of the linked source text. Exceptions, provisos, implementing laws and applicable judgments must be read before applying it to a real case.
Read the official constitutional 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 the 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 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 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 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 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.]
Source-page notes · may concern neighbouring Articles
1. The words "and Scheduled Tribes" omitted by the Constitution (Eighty-ninth
Amendment) Act, 2003, s. 2 (w.e.f. 19-2-2004).
2. Cl. (3) renumbered as cl. (10) by the Constitution (Sixty-fifth Amendment) Act, 1990,
s. 2 (w.e.f. 12-3-1992).
3. The words, brackets and figures "to such other backward classes as the President may,
on receipt of the report of a Commission appointed under cl. (1) of article 340, by order
specify and also" omitted by the Constitution (One Hundred and Second
Amendment) Act, 2018, s. 2 (w.e.f. 15-8-2018).
4. Art 338A ins. by the Constitution (Eighty-ninth Amendment) Act, 2003, s. 3
(w.e.f. 19-2-2004).
1.Art 338B ins. by the Constitution (One Hundred and Second Amendment) Act, 2018,
s. 3 (w.e.f. 15-8-2018).
Extracted from the Legislative Department’s May 2026 edition. Page footnotes may refer to neighbouring provisions; check their markers in the PDF. Inclusion in this edition does not by itself establish commencement or judicial effect.
