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 102nd 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.
102nd 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 mattersaffecting socially and educationally backward classes.
The NCBC is mandated to presentannual reports to thePresident 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.
OBCs List
Currently, for each state, there are two OBC lists:
Central OBC list
State OBC list
The central list does not always reflect the state lists, which can differ significantly.
A community identified as a nationally recognised OBC in the NCBC central list may be recognised only in specific states or only in limited areas within specific states.
So, a caste may be included in the OBC list of a state and enjoy the reservation benefits in state government jobs and educational institutions but not with respect to central government jobs or educational institutions.
In each state or UT, the SCs andSTs have only one list and one status at the state and central levels.