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National Commission for Backward Classes (NCBC)

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National Commission for Backward Classes (NCBC)

The National Commission for Backward Classes (NCBC) is a constitutional body established to safeguard the interests of the Socially and Educationally Backward Classes (SEBCs) in India. It investigates safeguards provided for backward classes, monitors their implementation, advises governments on welfare measures, and addresses grievances related to their rights and development.

Constitutional Status

  • The National Commission for Backward Classes has been given constitutional status under Article 338B of the Constitution.
  • Earlier, the NCBC was only a statutory body, created under the National Commission for Backward Classes Act, 1993.
  • Later, through the 102nd Constitutional Amendment Act, 2018, the NCBC was made a constitutional body.

Composition

  • In the landmark Indra Sawhney v. Union of India (Mandal Case), the Supreme Court directed the Central Government to establish a permanent statutory body to examine complaints regarding:
    • Under-inclusion of communities in the OBC list,
    • Over-inclusion of communities in the OBC list,
    • Non-inclusion of deserving communities in the OBC list.
  • Consequently, the National Commission for Backward Classes (NCBC) was established in 1993 under the National Commission for Backward Classes Act, 1993 as a statutory body.
  • Constitutional Status :102nd Constitutional Amendment Act, 2018 granted constitutional status to NCBC.
    • It inserted:
      • Article 338B – NCBC
      • Article 342A – Outlines the framework for identifying and notifying Socially and Educationally Backward Classes (SEBCs)
  • 105th Constitutional Amendment Act, 2021: Restored the authority of State governments to identify Socially and Educationally Backward Classes (SEBCs), including Other Backward Classes (OBCs).

Functions

 It shall be the duty of the Commission—

  1. to investigate and monitor all matters relating to the safeguards provided for the socially and educationally backward classes 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;
  2. to inquire into specific complaints with respect to the deprivation of rights and safeguards of the socially and educationally
    backward classes;
  3. to participate and advise on the socio-economic development of the socially and educationally backward classes and to evaluate the progress of their development under the Union and any State;
  4. to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
  5. to make in such reports the 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 socially and educationally backward classes; and
  6. to discharge such other functions in relation to the protection, welfare and development and advancement of the socially and educationally backward classes as the President may, subject to the provisions of any law made by Parliament, by rule specify.

The Commission presents an annual report to the President. It can also submit a report as and when it thinks necessary.

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.The memorandum should also contain the reasons for the non-acceptance of any of such recommendations.

If the Commission’s report contains recommendations relating to a State, the report must be sent to that State Government. The State Government is required to place it before the State Legislature along with an action-taken memorandum, explaining the steps taken or proposed and the reasons for rejecting any recommendation.

Powers

The Commission is vested with the power to regulate its own procedure. The Commission, while investigating any matter or enquiring into any complaint, has all the powers of a civil court trying a suit and in particular in respect of the following matters:

  1. summoning and enforcing the attendance of any person from any part of India and examining him on oath;
  2. requiring the discovery and production of any document;
  3. receiving evidence on affidavits;
  4. requisitioning any public record or copy thereof from any court or office;
  5. issuing commissions for the examination of witnesses and documents;
  6. any other matter which the President may by rule, determine.

The Union and State Governments are required to consult the Commission on all important policy matters concerning the socially and educationally backward classes.

Conclusion

The National Commission for Backward Classes is an important constitutional body for protecting the interests of Socially and Educationally Backward Classes. By monitoring safeguards, examining grievances, advising governments and submitting reports, it strengthens the framework of social justice in India. However, its effectiveness depends on timely implementation of its recommendations, meaningful consultation by governments and stronger coordination between the Union and States.

FAQs 

1. What is the National Commission for Backward Classes?

The National Commission for Backward Classes is a constitutional body established to safeguard the interests of Socially and Educationally Backward Classes in India.

2. Under which Article is NCBC mentioned?

NCBC is mentioned under Article 338B of the Constitution.

3. Which amendment gave constitutional status to NCBC?

The 102nd Constitutional Amendment Act, 2018 gave constitutional status to the National Commission for Backward Classes.

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