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NATIONAL COMMISSION FOR BACKWARD CLASSES (NCBC)

Introduction:

• National Commission for Backward Classes (NCBC) was initially constituted by the Central Government by the National Commission for Backward Classes Act, 1993 and so far the Commission had been reconstituted 7 times up to 2016. The National Commission for Backward Classes Act, 1993 has been repealed through the National Commission for Backward Classes (Repeal) Act, 2018. The present Commission (8th) has been accorded Constitutional Status and constituted through “The Constitution (One Hundred and Second Amendment) Act, 2018” Act, whereby Article 338B has been inserted, forming a Commission for the socially and educationally backward classes to be known as National Commission for Backward Classes.

Historical Background

• Mandal Commission (1979): The roots of the NCBC can be traced back to the recommendations of the Mandal Commission, officially known as the “Second Backward Classes Commission.” In 1979, the Indian government appointed the Mandal Commission, chaired by B.P. Mandal, to identify the socially and educationally backward classes in India and suggest measures for their advancement. The commission submitted its report in 1980, which recommended a significant increase in reservations for Other Backward Classes (OBCs) in government jobs and educational institutions.
• Mandal Commission Implementation (1990): The recommendations of the Mandal Commission were accepted by the government, and in 1990, the then Prime Minister V.P. Singh implemented a 27% reservation for OBCs in government jobs and higher educational institutions. This decision sparked widespread protests and debates across the country.
• National Commission for Backward Classes Act (1993):
  • The commission was the outcome of Indra Sawhney & Others v. Union of India. The Supreme Court of India in its Judgement 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. The Supreme Court held that the Constitution recognised only social and educational and not economic backwardness.
  • In response to the need for a permanent institution to monitor the implementation of reservation policies and to look into the issues and grievances of OBCs, the Indian government passed the National Commission for Backward Classes Act in 1993. This act led to the establishment of the National Commission for Backward Classes as a statutory body.

Composition

• According to Article 338B: The NCBC is to consist of a Chairperson, Vice-Chairperson, and three other members.
  • The Chairperson of the NCBC should be a person who has been a judge of the Supreme Court or a High Court.
  • The Vice-Chairperson should be appointed from among the members of the NCBC. The three other members of the NCBC should be appointed from among persons who have special knowledge in matters relating to the backward classes.
  • The members of the NCBC are appointed by the President of India, and they under the Rules, they hold office for a term of three years. They are eligible for reappointment.

Functions and Powers

• Investigating and monitoring: The NCBC is tasked with investigating and monitoring the implementation of various safeguards provided to the socially and educationally backward classes under the Constitution and other laws.
• Inquiring into specific complaints: The Commission has the authority to inquire into specific complaints regarding the deprivation of rights and safeguards of the backward classes. It can take necessary actions to address such complaints.
• Advice on policy matters: The NCBC provides advice to the President of India on policy matters related to the socially and educationally backward classes and suggests measures to improve their socioeconomic conditions.
• Reports to be tabled in Parliament: The Commission submits annual reports on its work to the President, and these reports are then tabled in both Houses of Parliament, making its findings and recommendations accessible to policymakers and the public.
• Make recommendations: As to the measures that should be taken by the Union or a state for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the socially and educationally backward classes.
• Powers of a civil court: While inquiring into complaints, the NCBC has the powers of a civil court to summon witnesses, examine them on oath, and require the production of documents.
• Other duties and powers: The President may also assign additional duties and powers to the NCBC in the interest of the backward classes.

Constitutional Provisions:

• Article 340: Identifying the Needs of Backward Classes: Article 340 is dedicated to the identification of “socially and educationally backward classes” and the assessment of their challenges, with the aim of making recommendations to improve their circumstances.
• Incorporation of New Articles by the 102nd Constitution Amendment Act: The 102nd Constitution Amendment Act introduced two new Articles into the Constitution, namely Articles 338B and 342A.
• Role of the National Commission for Backward Classes (NCBC): Article 338B grants the National Commission for Backward Classes (NCBC) the authority to investigate complaints and recommend welfare measures for socially and educationally disadvantaged individuals.
• Presidential Authority and State Designation: Article 342A empowers the President, in collaboration with the state’s governor, to designate socially and educationally disadvantaged groups in various states and union territories.
• Parliamentary Process for Changing the Backward Classes List: However, any alterations to the list of backward classes necessitate the adoption of a bill by the Parliament, underscoring the formal process required for such changes.

Significance

• Recognition of Development Needs: Alongside reservations, the new act acknowledges the imperative for the development of Socially and Educationally Backward Classes, and it encompasses provisions to facilitate their progress. The role of the newly constituted National Commission for Backward Classes (NCBC) in this development process is defined.
• Addressing Backward Class Grievances: The NCBC has been entrusted with the important responsibility of addressing grievances from the backward classes, underscoring its role in safeguarding their interests.
• Transparency in Backward Classes Inclusion or Exclusion
  • Article 342(A) enhances transparency by necessitating Parliament’s approval for any additions to or removals from the backward list. This legislative requirement emphasizes the significance of a thorough and equitable development approach, extending beyond mere inclusion in lists and reservations.
  • The new legislation embodies a holistic vision for the growth and advancement of backward classes, ensuring equality in all facets of development and welfare, complementing the provisions for list inclusion and reservations.

Criticism

• Questionable Credibility of the NCBC: There are doubts about the ability of the newly established National Commission for Backward Classes (NCBC) to establish a credible and effective social justice infrastructure.
• Government Discretion Over NCBC Recommendations: One key concern is that the government is not bound by the recommendations put forth by the NCBC. This lack of binding authority could affect the practical impact of the Commission’s decisions.
• Handling Diverse Caste Demands: The NCBC is ill-equipped to address the current issue of numerous castes seeking classification as Backward Classes since it lacks the responsibility to define backwardness.
• Expertise and Composition: The new NCBC’s composition does not incorporate the features mandated by the Supreme Court for an expert body, potentially limiting its effectiveness.
• Grassroots Representation Disparities: Recent data indicates an unequal representation of Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) at the grassroots level. Constitutional status and additional legislation may not be sufficient to address this problem comprehensively.
• Lack of Periodic Backward Class List Updating: Article 338B (5) does not address the Supreme Court’s mandate for the periodic updating of the backward class list in collaboration with the NCBC, raising concerns about the responsiveness of the Commission to evolving needs.

Way Forward

• The composition must align with expert standards as mandated by the Supreme Court. Transparency is key, with public access to both caste census data and NCBC recommendations. Inclusivity, gender sensitivity, and stakeholder representation in the Commission’s structure are essential. Shifting from vote bank politics to value-based policies is crucial to target reservations for the genuinely disadvantaged.

UPSC PREVIOUS YEAR QUESTIONS

1.  Consider the following organizations/bodies in India: (2023)

1.  The National Commission for Backward Classes
2.  The National Human Rights Commission
3.  The National Law Commission
4.  The National Consumer Disputes Redressal Commission

How many of the above constitutional bodies?

(a) Only one
(b) Only two
(c) Only three
(d) All four