The National Commission for Scheduled Tribes was constituted w.e.f. 19 February, 2004 consequent to the amendment of Article 338 of the Constitution of India and insertion of a new Article 338A vide the Constitution (Eighty-ninth Amendment) Act,2003.

Article 338A of the Constitution, inter alia, enjoins upon the National Commission for Scheduled Tribes to present Report(s) to the President upon the working of the Constitutional safeguards for Scheduled Tribes and to make in such Report(s) recommendations regarding measures that should be taken by the Union or any State for effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of Scheduled Tribes. In pursuance of these provisions, the Fourth Report of the Commission for the year 2008-09 was presented to the President.

As per the constitutional provisions the report of the Commission has to be laid in both Houses of Parliament along with a Memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union. Similar action has also to be taken while laying the Report in the Legislative Assembly of the State concerned, in relation to the recommendations concerning the State.