NCBC probing West Bengal’s State OBC list

NCBC probing West Bengal’s State OBC list

Subject: Polity

Section: Constitution

Context: Acting upon allegations that illegal immigrants from Bangladesh and Rohingyas from Myanmar were being allowed to take up reservation in West Bengal, the National Commission for Backward Classes (NCBC) has now launched an investigation into the State’s OBC (Other Backward Classes) list, Commission Chair Hansraj Gangaram Ahir said on June 8.

Content:

• The NCBC Chair at a press conference in New Delhi, said there were more Muslim OBC castes than Hindu OBC castes in the State, when the absolute population of Hindus in the State is clearly higher.
• According to the State government’s OBC list, 103 out of the total 180 communities are categorised as Muslim communities — most of them placed in the Category A list.
• There was “clearly something wrong” with the State OBC list in West Bengal and that the NCBC is committed to removing communities that were added without due procedure.
• Nearly 90% of the communities in the Category A (Most backward) list were Muslim and similarly more than half of the communities in Category B were also Muslim.
• The NCBC chairperson also alleged that the State government in West Bengal was using institutions such as the Cultural Research Institute (CRI) to get positive recommendations for whatever communities that it wished to add.

Concept:

OBC Reservation:

• Based on the recommendation of the Second Backward Classes Commission (Mandal Commission), the government in August, 1990 had notified 27% reservation for Socially and Educationally Backward Classes (SEBCs) in vacancies in civil posts and services that are to be filled on direct recruitment.
• After this was challenged, the Supreme Court in November, 1992 (Indira Sawhney case) upheld 27% reservation for OBCs, subject to exclusion of the creamy layer.
• Creamy Layer is a concept that sets a threshold within which OBC reservation benefits are applicable.
• While there is a 27% quota for OBCs in government jobs and higher educational institutions, those falling within the “creamy layer” (various categories based on income and parents’ rank) cannot get the benefits of this quota.
• Other than the income limit, the current definition of the creamy layer remains the same.

NCBC

• 102^nd Constitution Amendment Act, 2018 provides constitutional status to the National Commission for Backward Classes (NCBC).
• It has the authority to examine complaints and welfare measures regarding socially and educationally backward classes.
• Previously NCBC was a statutory body under the Ministry of Social Justice and Empowerment.

Structure of NCBC

• The Commission consists of five members including a Chairperson, Vice-Chairperson and three other Members appointed by the President by warrant under his hand and seal.
• The conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members is determined by President.

Constitutional Provisions

• Article 340 deals with the need to, inter alia, identify those “socially and educationally backward classes”, understand the conditions of their backwardness, and make recommendations to remove the difficulties they face.
• 102^nd Constitution Amendment Act inserted new Articles 338 B and 342 A. The amendment also brings about changes in Article 366.
• Article 338B provides authority to NCBC to examine complaints and welfare measures regarding socially and educationally backward classes.
• Article 342 A empowers President to specify socially and educationally backward classes in various states and union territories. He can do this in consultation with Governor of concerned State. However, law enacted by Parliament will be required if list of backward classes is to be amended.

Powers and Function

• The commission investigates and monitors all matters relating to the safeguards provided for the socially and educationally backward classes under the Constitution or under any other law to evaluate the working of such safeguards.
• It participates and advises on the socio-economic development of the socially and educationally backward classes and to evaluate the progress of their development under the Union and any State.
• It presents to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards. The President laid such reports before each House of Parliament.
• Where any such report or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the State Government.
• NCBC has to discharge such other functions in relation to the protection, welfare and development and advancement of the socially and educationally backward classes as the President may, subject to the provisions of any law made by Parliament, by rule specify.
• It has all the powers of a civil court while trying a suit.

Note:

• 2021 Constitutional Amendment (105th) reinforced States’ power to build their own OBC lists.