CORRESPONDENT
SHILLONG: A demand to amend Articles 338 and 338A of the Constitution to introduce a time-bound mechanism for placing reports of the National Commission for Scheduled Tribes (NCST) before Parliament has been taken up with Rajya Sabha member James P.K. Sangma, with the petitioners arguing that the absence of a statutory deadline weakens parliamentary accountability and the constitutional safeguards available to Scheduled Tribes across India.
John F. Kharshiing, Co-Chairman of the Meghalaya State Planning Board and Chairman of the Grand Council of Chiefs of Meghalaya, submitted the petition to Sangma in Shillong on Friday, drawing attention to the recommendations of the erstwhile National Commission for Scheduled Castes and Scheduled Tribes in its 1997-98 report and a series of representations made by tribal organisations and representatives since 2010, 2012 and 2015.
The petition cited the recommendation of the combined SC and ST Commission that reports submitted to the President should be placed before each House of Parliament within a prescribed period. The 1997-98 report stated: "Reports of the Commission should be placed before each House of Parliament within three months of its submission to the President and the Action Taken Report placed before the Parliament within six months of its submission. This may be done by suitably amending the clauses of Articles 338."
Kharshiing also apprised Sangma of meetings and representations made in 2015 with the Union Minister for Tribal Affairs and the then Chairman of the Parliamentary Standing Committee on the Welfare of Scheduled Castes and Scheduled Tribes. He said that despite the representations, no effective legislative initiative had been undertaken to amend Articles 338 and 338A to prescribe a definite time limit for laying the Commission's reports before Parliament. The petition specifically pointed to Article 338A, under which reports of the NCST submitted to the President are required to be laid before Parliament along with a memorandum explaining the action taken or proposed to be taken on the Commission's recommendations. It said the current status of NCST reports showed several as "Yet to be laid" before one or both Houses of Parliament.
The petitioners argued that the issue extends beyond Meghalaya and concerns the institutional protection of Scheduled Tribes across the country. According to the submission, the absence of a defined timeline can delay parliamentary scrutiny of the Commission's recommendations and weaken the accountability mechanism envisaged under Article 338A.
Sangma was apprised of the history of the demand and the representations submitted over the years. He "assured Shri Kharshiing that he would seek the details and status of the matter and revert", while recognising the issue as a serious constitutional matter with wider implications for the rights and safeguards of Scheduled Tribes. The petition urged the Rajya Sabha member to pursue appropriate parliamentary and legislative measures to amend Articles 338 and 338A in line with the recommendation of the erstwhile combined SC and ST Commission, ensuring that Commission reports and Action Taken Reports are placed before Parliament within a clearly defined and time-bound period.
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