What is National Commission for Backward Classes?
The National Commission for Backward Classes of India is a body of the Indian Constitution. The Indian Constitution gave it the power of examining complaints and measures of the welfare related to the matters of socially and educationally backward classes. The 102 Constitutional Amendment Act in 2018 gave a status at a constitutional level under Article 338B of the Indian Constitution to the National Commission for Backward Classes (NCBC). It was a statutory body before becoming a constitutional body under the Ministry of Social Justice and Empowerment. It is also known as the OBC commission.
National Commission For Backward Classes
Background of NCBC
The NCBC is an outcome of two Backward Class Commissions that were appointed under Kaka Kalelkar and B.P. Mandal in the 1950s and 1970s respectively. The Supreme Court had given directions to the government to make a permanent body to identify, entertain, and recommend the inclusion and exclusion of different Backward Classes of India for the purpose of benefits and protection after the Indra Sawhney case of 1992.
Hence in the year 1993, the Act of National Commission for Backward Classes was passed by the Indian Parliament and constituted the NCBC. To safeguard the interests of backward classes more effectively in 2017, the 123rd Constitution Amendment bill was introduced in Parliament. The 1993 act became irrelevant after passing the bill because Parliament has also passed a separate bill to repeal the National Commission for Backward Classes Act, 1993. In August 2018 the bill got the approval of the President and provided constitutional status to NCBC.
Constitutional Provisions
102 Constitutional Amendment introduces two new articles in the Constitution i.e. Articles 338 B and 342 A. Along with this the 102 Constitutional Amendment also brought new changes in Article 366. Article 338B gave power to NCBC to deal with the complaints and matters of welfare measures related to backward classes. Article 340 is related to understanding the conditions of their backwardness inter alia, finding them who are in socially and educationally backward classes and making recommendations to remove the difficulties they face.
Article 342A provides power to the President of India to specify socially and educationally backward classes in various states and union territories. The Indian President can do this in consultation with the Governor of the concerned State. The rules and laws made by the Indian Parliament will be required if the list of backward classes is to be amended.
Structure of NCBC
The National Commission For Backward Classes is consisting of a total of five members. These are the Chairperson of the commission, second is the Vice-Chairperson and the other three Members whose appointment is done by the President by warrant under his hand and seal. National Commission for Backward Classes chairman is the main person who is responsible for all activities of the commission. The conditions of service and tenure of office are determined by the President of all the members including the Chairperson, Vice-Chairperson.
Functions of NCBC
The functions of the National Commission For Backward classes are given below:
The commission is appointed to for regulating all matters relating to the safeguards provided for backward classes under the Constitution or under any other law to evaluate the working of such safeguards.
The major function of NCBC is to participate and provide advice on the matter of social and economic development of the backward classes and to examine and investigate the progress of their development under the central government and any state of the country.
On the basis of the working of the safeguards to the President, to the President. Among the presented reports if any of the reports are related to the matter that is concerned with the State Government and a copy of that report is forwarded to the State Government.
NCBC has been given the responsibility for the measures of welfare, protection of rights, development and advancement of all the backward classes of India
Some Issues of NCBC
The following issues of NCBC are given below.
It is known that the latest version of the National Commission for Backward Classes (NCBC) is facing major challenges as in India OBC class has low status, poverty and illiteracy.
The recommendation of the new National Commission for Backward Classes is not binding on the government.
NCBC has not been given any power to define backwardness as a result of this it cannot regulate the current challenge and matter of different castes to be included as backward Castes.
The government marked the stage for the overall scheme of special protections under the Constitution in danger by retaining the old generic name of NCBC and delinking the body from its soul (Article 340).
According to the direction of the Supreme Court, the Features of the expert body are not provided in the composition of the new NCBC.
Article 338B (5), There is silence on the compulsion of the Supreme Court on the regular revision of the backward class list in consultation with the NCBC.
A large number of acts and mere constitutional status will not provide a solution to the problem at grass root level as recent data is indicating a skewed representation of SC, ST and OBC categories.
Do You Know?
The first chairman of National Commission for Backward Classes is Kaka Kalelkar. It was also referred to as the Kaka Kalelkar Commission.
Conclusion
The commission is working for the various backward classes for benefit and protection. The main aim of this commission is to provide protection to the interest of the socially and educationally backward class and to give them proper rights and care. It can be considered as the greatest lead and achievement for the upliftment of the socially and educationally backward classes.
FAQs on National Commission for Backward Classes (NCBC)
1. What is the National Commission for Backward Classes (NCBC)?
The National Commission for Backward Classes (NCBC) is a constitutional body established under Article 338B of the Indian Constitution. Its primary purpose is to investigate and monitor all matters related to the safeguards provided for the socially and educationally backward classes (SEBCs), inquire into their grievances, and advise the Union and State Governments on their welfare and development.
2. How did the NCBC evolve from a statutory body to a constitutional body?
The NCBC was initially established as a statutory body by an Act of Parliament in 1993, following the Supreme Court's mandate in the Indra Sawhney case. Its primary function was to examine requests for inclusion or exclusion of castes from the backward classes list. The major transformation occurred with the 102nd Constitutional Amendment Act, 2018, which repealed the 1993 Act, inserted Article 338B, and elevated the NCBC to a constitutional status, granting it wider powers and responsibilities.
3. What are the primary functions and powers of the constitutional NCBC?
After gaining constitutional status, the NCBC has the following primary functions and powers:
- To investigate and monitor the implementation of safeguards for the socially and educationally backward classes (SEBCs).
- To inquire into specific complaints regarding the violation of rights and safeguards of the SEBCs.
- To participate and advise on the socio-economic development of the SEBCs and evaluate their progress under the Union or any State.
- To present an annual report to the President of India, which is then tabled in Parliament.
- It is vested with the powers of a civil court while investigating any matter or complaint.
4. Which articles of the Indian Constitution are related to the NCBC?
The key constitutional provisions concerning the NCBC are:
- Article 338B: This article establishes the NCBC, defines its structure (a Chairperson, a Vice-Chairperson, and three other Members), and outlines its functions and powers.
- Article 342A: This article empowers the President to specify the SEBCs in relation to a state or union territory. It also makes it mandatory for Parliament to approve any subsequent inclusion or exclusion from the central list of backward classes.
5. What is the key difference in the NCBC's authority before and after the 102nd Amendment Act, 2018?
The most significant difference is the expansion of its authority and scope. Before the amendment, as a statutory body, the NCBC's role was mainly recommendatory, focused on the inclusion or exclusion of communities from the OBC list. After becoming a constitutional body, its powers were greatly enhanced. It can now act as a civil court, actively investigate grievances regarding the violation of rights, and play a direct role in the socio-economic development and welfare of backward classes, making it a far more powerful institution for social justice.
6. How does the NCBC address grievances related to the backward classes?
The NCBC addresses grievances by leveraging the powers of a civil court. When it receives a complaint about the deprivation of rights or safeguards, it has the authority to:
- Summon and enforce the attendance of any person and examine them under oath.
- Require the discovery and production of any relevant document.
- Receive evidence on affidavits.
- Requisition any public record from any court or government office.
7. What is the composition of the NCBC and who appoints its members?
The National Commission for Backward Classes (NCBC) is composed of a Chairperson, a Vice-Chairperson, and three other Members. As per Article 338B of the Constitution, all members of the Commission are appointed by the President of India by warrant under his hand and seal. The conditions of service and tenure for these members are also determined by the President.
8. How does the process of including or excluding a community from the Central List of Backward Classes work?
The process is constitutionally defined. First, the President specifies the Central List of socially and educationally backward classes for each state and union territory, in consultation with the respective Governor. After this initial list is notified, any change—whether the inclusion or exclusion of a community—can only be made through an Act of Parliament. The NCBC plays a crucial advisory role, but the final legislative authority rests solely with the Parliament.
9. Who is the current chairperson of the NCBC?
The current Chairperson of the National Commission for Backward Classes (NCBC) is Shri Hansraj Gangaram Ahir. Students should note that such appointments can change, and it is always a good practice to verify the latest information from the official NCBC website for competitive exams or updated knowledge.
