National Commission for Backward Classes (NCBC)

Recently, Niranjan Jyoti has assumed charge as the Chairperson of the National Commission for Backward Classes, while Kiran Umesh Mahalle has taken charge as a Member of the Commission.

What is the National Commission for Backward Classes (NCBC)?

The National Commission for Backward Classes (NCBC) is a constitutional body established under the 102nd Constitution Amendment Act, 2018.

• It has the authority to examine complaints, monitor welfare measures, and recommend policies regarding socially and educationally backward classes (SEBCs).

• Earlier, NCBC was a statutory body functioning under the Ministry of Social Justice and Empowerment.

Background of NCBC

• First Backward Classes Commission (Kaka Kalelkar Commission, 1950s): Examined the status of socially and educationally backward classes.

• Second Backward Classes Commission (B.P. Mandal Commission, 1970s): Recommended measures to improve the welfare and representation of backward classes.

• Indra Sawhney Case, 1992: The Supreme Court directed the government to establish a permanent body to handle the inclusion and exclusion of backward classes for welfare benefits.

• NCBC Act, 1993: In line with the Supreme Court directive, Parliament passed this Act to constitute the NCBC as a statutory body.

• 123rd Constitution Amendment Bill, 2017: Proposed to grant constitutional status to NCBC and enhance safeguards for backward classes.

• Presidential Assent, 2018: The 102nd Amendment Act was enacted, repealing the 1993 Act and providing constitutional status to NCBC.

Structure of NCBC

• The Commission consists of five members:

  1. Chairperson

  2. Vice-Chairperson

  3. Three other Members

• All members are appointed by the President of India through a warrant under his hand and seal.

• The tenure, conditions of service, and powers of the Chairperson, Vice-Chairperson, and Members are determined by the President.

Constitutional Provisions Regarding NCBC

1. Article 340 (Original Provision)

   • Article 340 empowers the President to appoint a commission to identify socially and educationally backward classes (SEBCs), examine their conditions, and make recommendations to remove obstacles to their advancement.

   • This article laid the groundwork for backward class welfare but did not provide a permanent body for implementation.

2. 102nd Constitution Amendment Act, 2018

   • Inserted Articles 338B and 342A into the Constitution.

   • Changes to Article 366 were also made for definitions related to backward classes.

3. Article 338B

   • Grants NCBC the authority to examine complaints and welfare measures regarding SEBCs.

   • NCBC can monitor the implementation of safeguards provided under the Constitution or laws enacted by Parliament.

4. Article 342A

   • Empowers the President to specify SEBCs in each State and Union Territory, in consultation with the Governor.

   • Any addition or deletion of communities in the backward class list requires a law enacted by Parliament, ensuring transparency and accountability.

Powers and Functions of NCBC

1. Monitoring and Investigation

   • NCBC investigates and monitors safeguards for SEBCs under the Constitution or other laws.

   • Evaluates the working of welfare measures and development schemes at both Union and State levels.

2. Advisory Role

   • Advises the Union and State Governments on socio-economic development of backward classes.

   • Recommends policies for comprehensive development, not just reservation.

3. Reporting Function

   • Presents annual reports or additional reports to the President on the status of safeguards.

   • The President lays these reports before both Houses of Parliament.

   • Copies of state-relevant reports are forwarded to the respective State Governments.

4. Other Functions

   • Discharges functions related to protection, welfare, development, and advancement of SEBCs as specified by the President.

   • Possesses all powers of a civil court while investigating complaints.

Differences Between the New NCBC and the Previous Version

Underlying Issues with the New NCBC

1. Non-binding Recommendations

   • NCBC’s advice to the government is not mandatory, reducing its authority to enforce social justice.

2. No Role in Defining Backwardness

   • The body cannot classify communities as backward, leaving a critical gap in addressing caste-based demands.

3. Structural Concerns

   • The new NCBC retains the old name but is delinked from Article 340, which originally mandated detailed investigations and recommendations.

   • Lacks features of an expert commission, as directed by the Supreme Court.

4. Grassroots Effectiveness

   • Constitutional recognition alone cannot ensure equitable representation; data shows skewed representation of SC/ST and OBC categories.

5. Periodic Revision Silence

   • Article 338B(5) does not mandate NCBC involvement in the periodic revision of backward class lists for SC/ST, creating potential gaps in justice delivery.

Report Mechanism of NCBC

1. Annual and Special Reports

   • The NCBC presents reports to the President annually or at other times as deemed necessary.

   • These reports evaluate the implementation of safeguards, development initiatives, and welfare measures for socially and educationally backward classes (SEBCs).

2. Parliamentary Placement

   • The President lays these reports before both Houses of Parliament.

   • A memorandum accompanies the report, explaining:

     • Actions taken on the recommendations.

     • Reasons for non-acceptance of any recommendations.

3. State-Level Reporting

   • Reports concerning a particular State Government are forwarded to the respective Governor.

   • The Governor places it before the State Legislature, along with a memorandum detailing:

     • Actions taken on NCBC recommendations.

     • Reasons for non-acceptance of recommendations.

Role of NCBC

• Safeguarding Rights: Protects the rights of socially and educationally backward classes.

• Promoting Development: Advises and monitors schemes for socio-economic advancement.

• Policy Advocacy: Recommends changes in laws and policies to enhance equity and inclusion.

• Empowerment: Facilitates participation of backward classes in development, creating a more equitable society.

Constitutional Provisions for Backward Classes

1. Article 340

   • Empowers the President to appoint a commission to investigate the conditions of socially and educationally backward classes.

2. Article 338B

   • Provides for the establishment of NCBC with authority to monitor, investigate, and advise on backward class welfare.

3. Article 342A

   • Empowers the President to specify SEBCs in States and Union Territories.

   • Requires consultation with the Governor for state-level specifications.

   • Any amendment to the list of backward classes must be passed by Parliament.

4. Article 366 (Amended)

   • Includes the definition of “socially and educationally backward classes” for central and state purposes.

Statutory Provisions for Backward Classes

1. National Commission for Backward Classes Act, 1993

   • Established NCBC as a statutory body under the Ministry of Social Justice and Empowerment.

   • Tasked with safeguarding interests of socially and educationally backward classes.

2. National Backward Classes Finance and Development Corporation (NBCFDC)

   • Provides financial assistance and developmental support to individuals and communities belonging to backward classes.

   • Focuses on entrepreneurship, skill development, and economic upliftment.