The National Commission for Backward Classes (NCBC) attained constitutional status through the 102nd Constitutional Amendment Act of 2018. It is empowered under Article 338-B to investigate and monitor safeguards for socially and educationally backward classes (SEBCs).
Evolution of the NCBC
- Mandal Case (1992): The Supreme Court directed the Centre to create a permanent statutory body for backward class complaints.
- Statutory Phase (1993): Parliament passed the NCBC Act, 1993, establishing the commission as a statutory body.
- 102nd Amendment (2018): Provided Constitutional Status to NCBC by inserting Article 338-B.
- Repeal: The original 1993 Act was repealed to make way for the constitutional body.
Article 340 & Sub-Categorization
Article 340 deals with identifying "socially and educationally backward classes" and recommending measures to remove their difficulties.
Justice G. Rohini Commission (2017):
A 5-member commission appointed by the President under Article 340 to explore the sub-categorization of OBCs.
- Objective: To address the unjust distribution of reservation benefits among different communities.
- Maintains the overall 27% quota while creating mechanisms for internal categorization.
Historical Shaping of OBC Policies
Kalelkar Commission (1953)
The first national-level commission to identify backward classes. It identified caste as a measure of backwardness, but its report was rejected for lacking objective criteria like income and literacy.
Mandal Commission (1980)
- Estimated OBC population at 52% and classified 1,257 communities as backward.
- Recommended increasing quotas from 22.5% to 49.5%.
- Indra Sawhney Case (1993): SC upheld 27% OBC reservation but introduced the Creamy Layer concept and a 50% total cap.
Constitutional Article Map
Role and Objectives of NCBC
Under the 102nd Amendment, the NCBC ensures that safeguards provided to SEBCs are effectively monitored and implemented.
- Parliamentary Concurrence: New Article 342A requires Parliament's approval for any inclusion/exclusion in the Central OBC list.
- Federal Harmony: States retain the right to maintain their own lists for state-level purposes.
- Recommendations: NCBC recommends inclusion/deletion to the Central Government.
Composition & Appointment
- Structure: 5 Members (Chairperson, Vice-Chairperson, and 3 others).
- Democracy: At least one woman and two persons with special knowledge of BC issues must be members.
- Appointment: By the President by warrant under his hand and seal.
Functions and Reporting
- Investigate matters relating to BC safeguards and deprivation of rights.
- Advise on the planning process for socio-economic development.
- Reporting: Presents annual reports to the President, who lays them before Parliament. Reports concerning states are sent to the respective Governor.
Progressive Dimensions
Controversies and Concerns
| Concern | Description |
|---|---|
| New vs. Old | Chairperson terms are no longer fixed; they serve at the government's pleasure. |
| Comparing Power | The new NCBC has been stripped of the binding advisory power on list inclusion. |
| Federalism | States worry about the shift towards a singular Central List controlled by Parliament. |
| Constitutional Crisis | Potential clashes between NCBC and NCSC in cases involving both OBCs and SCs. |
| Revision Silence | Article 338B is silent on periodic revision of the backward class list. |
Powers as a Civil Court
- Summoning attendance and examining on oath.
- Discovery and production of any document.
- Receiving evidence on affidavit.
- Requisitioning public records from any court/office.