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National Commission for Backward Classes
The National Commission for Backward Classes (NCBC) is a constitutional body under the Ministry of Social Justice and Empowerment, Government of India. It was originally a statutory body established in 1993 through the National Commission for Backward Classes Act of 1993. In 2018, through the 102nd constitutional amendment, it was granted constitutional status under Article 338B of the Constitution of India.[1] The main work of the commission is to participate and advise actively on the socio-economic development of the socially backward classes (OBCs) along with evaluating the progress of their development. HistoryStatutory backing
The commission was the outcome of Indra Sawhney & Others v. Union of India. The Supreme Court of India in its Judgement dated 16.11.1992 in Writ Petition (Civil) No. 930 of 1990 – Indra Sawhney & Ors. Vs. Union of India and Ors., reported in (1992) Supp. 3 SCC 217 directed the Government of India, State Governments and Union Territory Administrations to constitute a permanent body in the nature of a Commission or Tribunal for entertaining, examining and recommending upon requests for inclusion and complaints of over-inclusion and under-inclusion in the list of OBCs.[2] The Supreme Court held that the Constitution recognised only social and educational – and not economic – backwardness. The number of backward castes in Central list of OBCs has now increased to 5,013+ (without the figures for most of the Union Territories) in 2006 as per National Commission for Backward Classes.[3] In October 2015, National Commission for Backward Classes proposed that a person belonging to OBC with an annual family income of up to ₹15 lakhs should be considered as minimum ceiling for OBC.[4] NCBC also recommended sub-division of OBCs into 'backward', 'more backward' and 'extremely backward' blocs and divide 27% quota amongst them in proportion to their population, to ensure that stronger OBCs don't corner the quota benefits.[5][6][7] ConstitutionalityAccording to article 340 of the Indian Constitution, President shall establish a commission to examine the condition of social and backward class. CompositionAccording to Article 338B :-
Current membersThe commission currently consists of following members[8]
Functions and powerThe commission considers inclusions in and exclusions from the lists of communities notified as backward for the purpose of job reservations and tenders the needful advice to the Central Government as per Section 9(1) of the NCBC Act, 1993. Similarly, the states have also constituted commissions for BC's. As of 24 July 2014[update] over two thousand groups have been listed as OBCs. The National Commission for Backward Classes, National Commission for Scheduled Castes as well as National Commission for Scheduled Tribes [1] have the same powers as a Civil Court.[9] Initially National Commission for Backward Classes was not empowered to look into the grievances of persons of Other Backward Classes (under Article 338(5) read with Article 338(10) of the Constitution, National Commission for Scheduled Castes was the competent authority to look into all the grievances, rights and safeguards relating to Backward Classes). But consequent to the 102nd Constitutional Amendment Act and the insertion of Article 338B, these powers are now vested in NCBC.[10] According to Article 338B(5)[11] It shall be the duty of the Commission—
See also
References
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