National Commission for Backward Classes

• Context (IE): The National Commission for Backward Classes (NCBC) recommended the inclusion of seven castes and sub-castes from Maharashtra in the Central list of Other Backward Classes (OBCs).

About National Commission for Backward Classes

• The National Commission for Backward Classes was set up in 1993 by an act of Parliament.
• The 102^nd Constitutional Amendment Act of 2018 gave constitutional status to the NCBC.
• Before 2018:
  • The NCBC could recommend:
    • Inclusion and exclusion of castes from the OBC list.
    • The level of income that cuts off the “creamy layer” from the benefits of reservation.
  • The National Commission of Scheduled Castes (NCSC) addressed the grievances of the OBCs.

102^nd Constitution Amendment Act 2018

• It added two new Articles, 338B and 342A.

Article 338B

• It provided the constitutional status to the NCBC.
• Increased the scope of functions assigned to the NCBC.
• It provided authority to NCBC to examine complaints and welfare measures regarding socially and educationally backward classes.

Article 342A

• It empowered the President to specify socially and educationally backward classes in various states and union territories. He can do this in consultation with the Governor of the concerned State.

Composition of NCBC

• The Commission comprises a chairperson, a vice-chairperson and three other members.
• They are appointed by the President by warrant under his hand and seal.
• The President also determines their conditions of service and tenure of office.

Functions of NCBC

• The NCBC is responsible for investigating and monitoring the implementation of safeguards for the backward classes as provided under the Constitution and other laws.
• The Commission also undertakes inquiries into specific complaints regarding the violation of rights.
• It provides advice and recommendations on the socio-economic development of these classes.
• The central and state governments must consult with the NCBC on all policy matters affecting socially and educationally backward classes.
• The NCBC is mandated to present annual reports to the President on implementing safeguards for the backward classes. These reports are subsequently tabled in Parliament and the legislative assemblies of the concerned states.

Powers of a civil court

• The NCBC has the powers of a civil court while investigating or inquiring into any complaints.
• These powers include:
  • Summoning people and examining them on oath
  • Requiring production of any document or public record
  • Receiving evidence.