INTRODUCTION
National Commission for Backward Classes (NCBC) is a constitutional body formed on 14th August 1993 under the Ministry of Social Justice and Empowerment. The formation of this body was the direct outcome of the landmark judgment of Indira Sawhney & Others v. Union of India. The petition was filed on the support of the Mandal Commission and Kalelkar Commission, both of which popularly worked for socially and educationally backward classes. It was alleged in the petition that the right to equality is being violated by excluding the economic condition of people. The arguments made in the case were that:
- Public order was not in a comfortable situation and such organizations were at risk.
- Backwardness cannot be determined by the caste, and
- Extending reservation violated article 14 of the Indian constitution, that is, against equality and equal opportunity.
A five-judge bench of the Supreme Court made some remarkable changes regarding the reservation of OBC on the basis of economic status. Backwardness was recognized on the grounds of social and educational status but not economic status. Therefore, Supreme court held that caste is a reliable indicator of backwardness and 27% central government reservation was made for OBCs. In the light of this judgment, parliament passed the bill to form National Commission for Backward Classes Act, 1993, and created NCBC. The commission was constituted according to Article 338 B and the Chairperson, Vice-chairman, and three members, all appointed by the President of India, were elected as the official members.
LEGISLATIVE HISTORY
However, NCBC remained functional as a statutory body until the 102nd Amendment of 2018, which ultimately provided it the constitutional status. In 2017, 123rd Constitutional Amendment Bill was introduced in the parliament. It aimed to protect the overall interests of backward classes in a better way. It was demanded in an ongoing debate of Upper House in 2017 which was further passed by the lower house on 2nd August 2017. The upper house, under the Modi Government, passed the bill with 156 votes and made a historic amendment. Simultaneously, the National Commission for Backward Classes (Repeal) Bill, 2017 was also approved in order to terminate the functioning of NCBC. The retention of posts and offices held by the existing members and chairpersons was also approved. All this was done in an effort to give a constitutional position to the body of NCBC.
POST-AMENDMENT CHANGES: ARTICLE 338B
The Supreme court, in a five-judge bench headed by Justice Ashok Bhushan, assented to give constitutional status to National Commission for Backward Classes. The 102nd amendment brought several changes. Article 338 was amended and article 338 B was introduced which consists of 9 clauses that are further subdivided into several sub-clauses and sections. It aims to establish the purpose and aim of the formation of NCBC. The members of the commission shall be Chairperson, vice-chairperson, and three members, all subject to appointment by the president. The tenure of the vice-chairperson and other members shall be according to the tenure of the chairperson. The president will have the overall right to look into the matters of commission and take suitable decisions but the commission has the power to control and decide its own procedure.
Further, this article defines the rights and functions of the commission which are as follows:
- To look after the matters of educationally and socially backward class of people and protect their rights from infringement. Commission has to safeguard the rights of such class according to the law established by the constitution or any other law in the application. The government orders and policies must be applied for the welfare of the backward class and there shall be no violation of the same.
- The commission is required to be responsive towards the complaints filed in context to the rights of people.
- The development and progress of the socio-economically affected class are one of the most important duties of the commission. The commission should constantly work for their development and progress.
- Since the commission is formed under the guidance of the president, it is their duty to report about the growth and working of the commission to the president. The annual report or any other suitable report must be checked and submitted to the president.
- The necessary steps and recommendations must be mentioned in the report and discussed with the president. Since the commission is for the welfare and grievances of the backward class, it should constantly work for their benefit.
ARTICLE 342A & 366
Article 342 A was also introduced which stated:
“(1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the socially and educationally backward classes which shall for the purposes of this Constitution be deemed to be socially and educationally backward classes in relation to that State or Union territory, as the case may be.
(2) Parliament may by law include in or exclude from the Central List of socially and educationally backward classes specified in a notification issued under clause (1) any socially and educationally backward class, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification”.
The president has all the rights and power to decide as to which backward class shall be enlisted in the Central list. He can discuss the same with the governor of the concerned state and notify the public about it. The parliament has the authority to decide as to which Backward class should be included or excluded. However, the notice regarding the same must be given publicly and no such decision should be contrary to any law in effect.
Article 366 was amended and clause 26C was introduced as: “socially and educationally backward classes means such backward classes as are so deemed under Article 342A for the purposes of this Constitution.”
RIGHTS & DUTIES OF NCBC
Apart from the functions obligatory for the commission, the president has all the rights to examine the report submitted by the commission and present it in the parliament to make suitable decisions. He can also not comply with any of the recommendations if it deems not fit. If any report or recommendation is related to the state welfare then the same can be transferred to the state legislature for evaluation and examination of the same. It then becomes the responsibility of the state of the legislature to minutely scrutinize the report and accept or reject it according to appropriation. Every state, union territory, and the whole of union is required to discuss and take advice from the commission in any matter related to the welfare of the socially or educationally backward class. The commission is also conferred with the following powers similar to civil court in investigating matters of complaint:
- To summon or call upon any person from the territory of Indian for examining and investigating.
- To demand documents facilitating investigation.
- For asking affidavit under oath
- For asking relevant documents from any court of Indian territory
- To demand witness and other examinations
- Or any other as per the discretion of the president
CONCLUSION
The new amendment act has recognized that it is very important for the Backward Class to grow and develop with the other classes of society. It will not only bring equality among different sections and communities but also help the nation to grow. There are already designed rules and provisions for people belonging to backward classes. The formation of this commission as a constitutional body will fasten the progress. All the rights of states have been taken away and invested in by the president. This is a major step that will prevent abuse and arbitrariness of state towards the working of the Backward class. Since the amendment has brought an additional function of addressing grievances, it has become more convenient to reach out to people and get to know their expectations from authority. The introduction of Article 342 (A) has proved to provide a transparent working procedure and it is now very essential to take the approval of parliament for adding or removing any particular community in the list of backward classes.
