- National Commission for Backward Classes (NCBC) was initially constituted by the Central Govt under the National Commission for Backward Classes Act, 1993.
- However, the Constitution (One Hundred and Second Amendment) Act, 2018 gave NCBC constitutional status and inserted Article 338B in the Indian Constitution.
- Article 338B establishes National Commission for Backward Classes (NCBC) and provides it the authority to examine complaints and welfare measures regarding socially and educationally backward classes (SEBCs).
- Accordingly, the Union and every State Government shall consult the Commission on all major policy matters affecting the socially and educationally backward classes.
- Constitution 102nd Amendment also repealed the National Commission for Backward Classes Act, 1993. The Amendment 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.
Functions of the NCBC:
- Investigate and Monitor matters relating to Safeguards provided for Socially and Educationally Backward Classes (SEBCs) under this Constitution or any law or government order.
- Evaluate the working of such legal safeguards provided for the socially and educationally backward classes.
- Inquire into specific complaints with respect to the deprivation of rights and safeguards of SEBCs.
- Participate and advise on the socio-economic development of SEBCs and to evaluate the progress of their development under the Union and any State.
- Suggest measures to be taken by Union or states for the effective implementation of those safeguards and other measures for the protection, welfare and socio- economic development of SEBCS.
- Presents annual reports.
Power of NCBC:
For investigation and Inquiry into matters related to safeguards provided to SEBCs the Commission is vested with powers of a Civil Court having authority to –
- Summon and enforce attendance of any person
- Discovery & production of any documents.
- Receive evidence on affidavits
- Requisition any public record or copy thereof from any court or office.
- Issue Commissions for examination of witnesses and documents.
Constitution 105th Amendment:
- Constitution 105th Amendment by amending Article 338, 342A and 366(26C)allow states and union territories to prepare their own list of socially and educationally backward classes.
- Constitution 102 Amendment inserted three new Articles-342A, 366(26C) and 338B in the Constitution.
- Article 338B constituted the National Commission for Backward Classes
- Article 342A dealt with the Central List of the socially and educationally backward classes (commonly known as the Other Backward Classes) and
- Article 366 (26C) defined the socially and educationally backward classes.
- Constitution 105th Amendment enables states and union territories to prepare their own list of socially and educationally backward classes. This list must be made by law i.e. by an act of legislature and may differ from the central list.
- Article 338B of the Constitution mandates the central and state governments to consult the NCBC on all major policy matters affecting the socially and educationally backward classes.
