Lok Sabha Question No. 2023 (UNSTARRED), answered on 2025-07-31
Subject: Objectives behind Constitution of Ministry for Tribal Affairs
Ministry: TRIBAL AFFAIRS
Asked by: Dr. Manna Lal Rawat

## 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 243 rd  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 (Eightyninth Amendment) Act, 2003 is given as Annexure-C .

## 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-A

## CABINET SECRETARIAT NOTIFICATION

Now Delhi, the 15th October, 1999

- S.O.1036(E).- In exercise of the powers conferred by clause (3) of article 77 of the Constitution, the President hereby makes following rules further to amend the Government of India (Allocation of Business) Rules, 1961, namely:-
- 1(1) These rules (Allocation of Rules, 1999called the Government of India Business) (Two hundred and Forty - third Amendment)
- (2) They shall come into force at once.
- In the Government of India (Allocation of Business) Rules. 21961, "
- (1) in the First Schedule."
- (a) under the heading "1. Ministry of Agriculture (Krishi Mantralaya)" after "(iil) Department of Animal Husbandry ban-heading Dairying (Pashupalan aur Dairy Vibhag), following sub-heading added, namely:-
- " (iv) Department Industries Vibhag)" of Food (Khadya processing Prasanskaran Udyog

[77.19. 1/22/1/98-71f]

## VI. PUBLIC SECTOR UNDERTAKINGS:

17. Indian Road Construction Corporation.

VII. ACTS:

18. The Road Transport Corporations Act, 1950 (64 of
2. 1950).
19. The National Highway Act, 1956 (48 of 1956).
20. The Motor Vehicles Act, 1988 (59 of 1988).
21. The National Highways Authority of India Act, 1988 (68 of 1988).
22. The Multimodal" Transportation of Gooda Act, 1993 (28 of 1993).";
7. (w) after the heading "MINISTRY OF TOURISM (PARYATAN MANTRIAYA) ", and the entries thereunder, following heading and the entries relating thereto shall be inserted, namely :-

"MINISTRY OF TRIBAL AFFAIRS (JANJATIYA KARYA VIBHAG)

1. Social security and social insurance with respect to the Scheduled Tribes.
2. Tribal Welfare : Tribal welfare planning, project formulation, research, evaluation, statistica and training.
3. Promotion and development of voluntary efforte on
4. tribal welfaro.
4. Scheduled Tribes, including scholarship to stu-
6. dents belonging to such tribes.
5. Development of Scheduled Tribes.
6. Attached or Subordinate offices or other organisations concerned with any of the subjects specified
9. in this list.
10. NOTE: The Ministry of Tribal Affalıs shall be the nodal Ministry for overall policy, planning and coordination of progiammes of development for the Scheduled In regard to sectoral programmes and schemes of devel. opment of these communities policy, planning, monitoring, evaluation ete. 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.

7. (1) Scheduled Areas;
2. (1i) Matters relating to autonomous districts of Assam excluding roads and bridge works and ferries
3. thereon; and
- (111) Regulations framed by the Governors of States for Scheduled Areas and for Tribal Areas specified In Part 'A' of the Table appended to paragraph 20 of
5. the sixth Schedule to the Constitution.
- (1) Commission to report on the administration of Scheduled Areas and the welfare of the Sched-
8. uled Tribes; and
- (11) Issue of directions regarding the drawing up and execution of achemes essential for the welfare of
9. the Scheduled Tribes in any State.
10. 9.
11. Reports of the National Commission for Scheduled Castes and Scheduled Tribes In so far as they relate to Scheduled Tribes.
12. (x)
13. under the heading "MINISTRY OF URBAN DEVELOPMENT) ", for the entries 1 to 38,, the following entries shall be substituted, namely: -
- I. Properties of the Union, whether lands of buildings, with the following exceptions :-
15. (i) Those belonging to the Miniatry of Defence (Raksha Mantralayal and the Department of my (Ra11 Energy (Parmanu Oorja Vibhag) and the Department of Space
- (11) Buildings or lands, the construction or acquisition of which has been financed otherwise than from Civil Works Budget; and
- (111) Buildings or lands, the control of which has at the time of construction or acquisition or subsequently been permanently made over to other Ministries Departments. and

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 30 th September, 2003/Asvina 8, 1925 (Saka)

The  following  Act  of  Parliament  received  the  assent  of  the  President  on  the  28 th September, 2003, and is hereby published for general information:-

## THE CONSTITUTION (EIGHTY-NINTH AMENDMENT) ACT, 2003

[28 th 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) Act, 2003.
- (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--
- (a) for the marginal heading, the following marginal heading shall be substituted namely:-

'National Commission for Scheduled Castes',

Short title and commencement

Amendment of article 338

(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.
- (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.'

| Insertion of New Article 338A.           | (3). After Article 338 of the Constitution, the following article shall be inserted namely:-                                     |
|------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------|
| National Commission for Scheduled Tribes | '338 A (1) There shall be a Commission for the Scheduled tribes to be known as the National Commission for the Scheduled Tribes. |

SUBHASH C. JAIN Secy to the Govt. of India