1. Establishment of the National Commission for Backward Classes (NCBC)

Background

  • The NCBC was established following the Mandai judgment (1992) where the Supreme Court directed the central government to create a permanent statutory body to handle complaints about under-inclusion, over-inclusion, or non-inclusion of classes in the list of backward classes.
  • The NCBC was initially set up in 1993 through the National Commission for Backward Classes Act, 1993.

Constitutional Status

  • The 102nd Amendment Act of 2018 granted NCBC constitutional status, upgrading it from a statutory body to a constitutional one.
  • The amendment introduced Article 338-B into the Constitution, bringing the NCBC’s status to par with the National Commissions for Scheduled Castes (NCSC) and Scheduled Tribes (NCST).

Commission Structure

  • Members: The NCBC comprises a chairperson, a vice-chairperson, and three other members, all appointed by the President.
  • Tenure: Members serve a three-year term and may be reappointed once (maximum of two terms).

2. Functions of the NCBC

Key Responsibilities

  1. Safeguard Monitoring: Investigates and monitors matters related to constitutional and legal safeguards for socially and educationally backward classes (SEBC).
  2. Inquiry into Complaints: Handles complaints about deprivation of SEBC rights and safeguards.
  3. Advisory Role: Advises on socio-economic development initiatives and evaluates SEBC development progress.
  4. Reporting to President: Submits annual reports to the President detailing the status of SEBC protections and initiatives.
  5. Recommendations: Suggests measures for effective SEBC safeguards and broader welfare and socio-economic development.
  6. Additional Functions: Carries out other functions related to SEBC welfare as specified by the President.

Reporting Process

  • Reports are submitted annually to the President. Ad hoc reports may also be provided when deemed necessary.
  • The President presents these reports to Parliament with explanations on actions taken or reasons for non-acceptance of recommendations.

3. Powers of the NCBC

Judicial and Investigative Powers

The NCBC holds powers similar to a civil court when conducting investigations or inquiries, including:

  • Summoning and Examining: Can summon individuals across India and conduct examinations under oath.
  • Document Production: Has the authority to request documents for examination.
  • Evidence Collection: Accepts affidavits as evidence.
  • Public Record Access: Can requisition public records from any court or government office.
  • Witness Examination: Issues summons for witnesses and documents.

Policy Consultation

  • The central government must consult the NCBC on significant policy matters affecting SEBC.
  • Exception by the 105th Amendment Act (2021): State governments are exempt from mandatory consultation with the NCBC regarding their lists of SEBC for state purposes.