NCBC

NCBC

Subject : Polity

Context : The National Commission for Backward Classes (NCBC) has sought an inquiry into a complaint against a government-appointed committee that recently recommended that IITs be exempt from reserving faculty positions.

Concept :

National Commission for Backward Classes (NCBC)

• 102nd Constitution Amendment Act, 2018 provides constitutional status to the National Commission for Backward Classes (NCBC).
• Previously NCBC was a statutory body under the Ministry of Social Justice and Empowerment .

Composition

• 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.

Powers and functions of NCBC

• 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.
• 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.

Quasi Judicial Body

• Under the Constitution Amendment Act, 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,

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

(iii) Receiving evidence.

Relevant Constitutional Provisions

• Article 340 deals with the need to identify those “socially and educationally backward classes”, understand the conditions of their backwardness, and make recommendations to remove the difficulties they face.
• 102nd 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.
• 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. (Article 342 A) .