Constitutional status to National Commission for Backward Classes

Prelims

National Commission for Backward Classes

National Commission for Backward Classes is a body set up under the National Commission for Backward Classes Act, 1993

The Constitution (123rd Amendment) Bill, 2017 seeks constitution of a Commission under Article 338 B for Socially and Educationally Backward Classes by the name National Commission for Backward Classes. It also seeks to grant the National Commission on Backward Classes (NCBC) constitutional status, at par with the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes and make it more empowered.

Role of NCSC:  Currently, under the Constitution the NCSC has the power to look into complaints and welfare measures with regard to Scheduled Castes, backward classes and Anglo-Indians.  The Bill seeks to remove the power of the NCSC to examine matters related to backward classes.

Constitutional status to National Commission for Backward Classes: 

The National Commission for Backward Classes is a body set up under the National Commission for Backward Classes Act, 1993. 

It has the power to examine complaints regarding inclusion or exclusion of groups within the list of backward classes, and advise the central government in this regard.

The Bill seeks to establish the NCBC under the Constitution, and provide it the authority to examine complaints and welfare measures regarding socially and educationally backward classes.

Note that this Bill was introduced alongside the National Commission for Backward Classes (Repeal) Bill, 2017 that seeks to repeal the National Commission for Backward Classes Act, 1993.

Related Topics  Institutions of Eminence (IoEs)

Backward classes:  The Constitution Amendment Bill states that the President may specify the socially and educationally backward classes in the various states and union territories.  He may do this in consultation with the Governor of the concerned state.  However, a law of Parliament will be required if the list of backward classes is to be amended

Composition and service conditions:  Under the Constitution Amendment Bill, the NCBC will comprise of five members appointed by the President.  Their tenure and conditions of service will also be decided by the President through rules.

National Commission for Backward Classes – Functions:

Under the Constitution Amendment Bill, the duties of the NCBC will include:

(i) Investigating and monitoring how safeguards provided to the backward classes under the Constitution and other laws are being implemented,

(ii) Inquiring into specific complaints regarding violation of rights, and

(iii) Advising and making recommendations on socio-economic development of such classes.

The central and state governments will be required to consult with the NCBC on all major policy matters affecting the socially and educationally backward classes.

The NCBC will be required to present annual reports to the President on working of the safeguards for backward classes.  These reports will be tabled in Parliament, and in the state legislative assemblies of the concerned states.

National Commission for Backward Classes – Powers of a civil court:

Under the Constitution Amendment Bill, the NCBC will have the powers of a civil court while investigating or inquiring into any complaints.  These powers include:

(i) Summoning people and examining them on oath,

Related Topics  Wolbachia 

(ii) Requiring production of any document or public record, and

(iii) Receiving evidence.

Raja Raja Cholan
About Raja Raja Cholan 659 Articles
Trainer & Mentor for aspirants preparing for civil service examination

Be the first to comment

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.