Article 338A of CoI : Article 338A: National Commission for Scheduled Tribes.

Explanation using Example

Example 1:

Scenario: A Scheduled Tribe community in a remote village in Jharkhand is facing illegal land acquisition by a private company.

Application of the Act:

1. Investigation and Monitoring: The National Commission for Scheduled Tribes (NCST) receives a complaint from the community about the illegal land acquisition.
2. Inquiry into Complaints: The NCST initiates an inquiry into the complaint to investigate the deprivation of rights of the Scheduled Tribe community.
3. Powers of Civil Court: During the investigation, the NCST uses its powers similar to a civil court to summon the company officials, require the production of land acquisition documents, and examine witnesses under oath.
4. Reporting and Recommendations: After the investigation, the NCST presents a report to the President of India, detailing the findings and recommending measures to protect the community's land rights.
5. Action by Government: The President forwards the report to the Parliament, and the Union Government takes necessary actions based on the recommendations to halt the illegal land acquisition and ensure the protection of the community's rights.

Example 2:

Scenario: A Scheduled Tribe student in Maharashtra is denied admission to a government college despite meeting the eligibility criteria.

Application of the Act:

1. Inquiry into Complaints: The student files a complaint with the NCST regarding the denial of admission.
2. Investigation and Monitoring: The NCST investigates the complaint to determine if there has been a violation of the safeguards provided for Scheduled Tribes under the Constitution or any other law.
3. Powers of Civil Court: The NCST uses its powers to summon the college authorities, require the production of admission records, and examine the evidence on affidavits.
4. Reporting and Recommendations: The NCST finds that the student was unfairly denied admission and recommends corrective measures to the college and the state government.
5. Action by Government: The report is forwarded to the Governor of Maharashtra, who lays it before the State Legislature. The state government takes action to...

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