National Commission for Backward Classes

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National commission for Backward classes

The NCBC is a body set up under the National Commission for Backward Classes Act, 1993. It has the power to examine complaints regarding inclusion or exclusion of groups within the list of backward classes, and advise the central government in this regard.

Composition of the commission

Commission will consist of the following Members:

  • A Chairperson, who is or has been a Judge of The Supreme Court or of a High Court;
  • A social scientist;
  • two persons, who have special knowledge in matters relating to backward classes; and
  • a Member-Secretary, who is or has been an officer of the Central Government in the rank of a Secretary to the Government of India.

The Central Government will also provide the Commission with such officers and employees as may be necessary for the efficient performance of the functions of the Commission.

Functions of the Commission

The Commission shall examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the Central Government as it deems appropriate.

The advice of the Commission shall ordinarily be binding upon the Central Government.

Powers of the Commission

The Commission shall, while performing its functions have all the powers of a Civil Court trying a suit and in particular, in respect of the following matters, namely:

  • Summoning and enforcing the attendance of any person from any part of India and examining him on oath;
  • Requiring the discovery and production of any document;
  • Receiving evidence on affidavits;
  • Requisitioning any public record or copy thereof from any court or office;
  • Issuing commissions for the examination of witnesses and documents; and
  • Any other matter which may be prescribed.

102nd Constitution Amendment Act, 2018 (Constitutional status to backward classes commission)

The Constitution (123rd Amendment) Bill, 2017 was introduced in Lok Sabha by the Minister of Social Justice and Empowerment, Mr. Thaawarchand Gehlot on April 5, 2017. It seeks to grant the National Commission on Backward Classes (NCBC) constitutional status, at par with the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes.

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.
  • 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.
  • 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.

 

 

Under the Constitution Amendment Bill, the duties of the NCBC will include:

  • Investigating and monitoring how safeguards provided to the backward classes under the Constitution and other laws are being implemented,
  • Inquiring into specific complaints regarding violation of rights, and
  • 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.
  • It has all the powers of a civil court while trying a suit.

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The National Commission for Backward Classes (NCBC) is a statutory body established by the Government of India on 22 November 1993 under the National Commission for Backward Classes Act, 1993. The Commission is responsible for identifying the socially and educationally backward classes (SEBCs) in India and recommending steps for their advancement.

The NCBC consists of a Chairperson, a Vice-Chairperson and six other members, all of whom are appointed by the President of India on the recommendation of the Prime Minister. The Chairperson and Vice-Chairperson are appointed from among persons who have been judges of the Supreme Court or the High Court, or who are distinguished academicians or social workers. The other members are appointed from among persons who have special knowledge or experience in matters relating to the welfare of SEBCs.

The functions of the NCBC are to:

  • Identify the SEBCs in India;
  • Recommend steps for the advancement of SEBCs;
  • Examine requests for inclusion or exclusion of any class of citizens in the list of SEBCs;
  • Review the progress made in the implementation of measures for the advancement of SEBCs;
  • Advise the Central Government on any matter relating to the welfare of SEBCs;
  • Perform such other functions as may be assigned to it by the Central Government.

The NCBC has the power to:

  • Call for information from any person or authority;
  • Require any person to furnish information or produce documents;
  • Conduct inquiries;
  • Take evidence on oath;
  • Require any person to appear before it;
  • Punish for contempt of the Commission.

The NCBC shall meet at least once in every three months. The Quorum for a meeting of the Commission shall be three members, including the Chairperson or the Vice-Chairperson. The decisions of the Commission shall be taken by a majority of the members present at the meeting.

The Commission may, by general or special order, make rules for regulating its procedure. The rules made by the Commission shall be published in the Official Gazette and shall come into force on such date as the Commission may specify in the rules.

The Commission shall submit an annual report to the President of India, which shall be laid before each House of Parliament. The Commission may also submit special reports to the President of India at any time.

The Comptroller and Auditor General of India shall audit the accounts of the Commission.

The Commission may constitute such committees as it deems necessary for the performance of its functions.

Any person aggrieved by any order of the Commission may appeal to the Supreme Court.

The NCBC has played a significant role in the advancement of SEBCs in India. The Commission has identified a large number of SEBCs and recommended a number of measures for their advancement. The Commission has also conducted a number of studies on the problems faced by SEBCs and has made recommendations for their redressal. The NCBC has been instrumental in bringing about a positive change in the lives of SEBCs in India.

What is the National Commission for Backward Classes?

The National Commission for Backward Classes (NCBC) is a statutory body established by the Government of India in 1993 to investigate matters relating to the backward classes and to advise the government on matters relating to their welfare.

What are the functions of the NCBC?

The functions of the NCBC are to:

  • Investigate matters relating to the backward classes and to advise the government on matters relating to their welfare;
  • Examine requests for inclusion of any class of citizens in the list of backward classes;
  • Examine requests for exclusion of any class of citizens from the list of backward classes;
  • Examine complaints of over-representation of any class of citizens in any Services or posts;
  • Examine complaints of under-representation of any class of citizens in any services or posts;
  • Make recommendations to the government on any matter relating to the backward classes.

Who are the members of the NCBC?

The NCBC consists of a Chairman, a Vice-Chairman and five other members. The Chairman and Vice-Chairman are appointed by the President of India on the recommendation of the Prime Minister. The other members are appointed by the President of India on the recommendation of the Central Government.

How is the NCBC funded?

The NCBC is funded by the Central Government.

What is the procedure for making a complaint to the NCBC?

A complaint to the NCBC can be made by any person who is a member of a backward class. The complaint must be in writing and must be accompanied by documentary evidence. The complaint must be addressed to the Secretary, National Commission for Backward Classes, 20, Ashoka Road, New Delhi – 110 001.

What is the time limit for making a complaint to the NCBC?

A complaint to the NCBC must be made within one year of the date of the alleged act of discrimination.

What is the procedure for the NCBC to investigate a complaint?

The NCBC will investigate the complaint and will issue a report to the government. The report will contain the findings of the NCBC and its recommendations to the government.

What is the power of the NCBC to enforce its recommendations?

The NCBC does not have any power to enforce its recommendations. The recommendations of the NCBC are only advisory in nature. However, the government is expected to take into account the recommendations of the NCBC while making decisions on matters relating to the backward classes.

Question 1

The National Commission for Backward Classes (NCBC) is a statutory body established by the Government of India in 1993. The NCBC is responsible for advising the government on matters relating to the welfare of Backward Classes.

Which of the following is not a function of the NCBC?

(A) To investigate complaints of discrimination against Backward Classes.
(B) To recommend measures for the advancement of Backward Classes.
(C) To monitor the implementation of government schemes for the welfare of Backward Classes.
(D) To provide relief to Backward Classes who have been victims of atrocities.

Answer

The correct answer is (D). The NCBC does not provide relief to Backward Classes who have been victims of atrocities. This is the responsibility of the National Commission for Minorities (NCM).

Question 2

The NCBC is headed by a Chairperson who is appointed by the President of India. The Chairperson is assisted by a Vice-Chairperson and a number of Members.

Which of the following is not a qualification for appointment as a Member of the NCBC?

(A) He/She should be a citizen of India.
(B) He/She should have been a judge of a High Court for at least five years.
(C) He/She should have been a member of the Indian Administrative Service or the Indian Police Service for at least ten years.
(D) He/She should have been a member of Parliament or a State Legislature for at least five years.

Answer

The correct answer is (D). A Member of the NCBC does not need to be a member of Parliament or a State Legislature.

Question 3

The NCBC has its headquarters in New Delhi. It also has regional offices in different parts of the country.

Which of the following is not a regional office of the NCBC?

(A) Chennai
(B) Kolkata
(C) Mumbai
(D) Hyderabad

Answer

The correct answer is (D). The NCBC does not have a regional office in Hyderabad.

Question 4

The NCBC is funded by the Government of India. Its budget is approved by the Parliament of India.

Which of the following is not a source of funding for the NCBC?

(A) The Consolidated Fund of India
(B) The Public Account of India
(C) The National Development Fund
(D) The Prime Minister’s Relief Fund

Answer

The correct answer is (D). The NCBC does not receive funding from the Prime Minister’s Relief Fund.

Question 5

The NCBC submits an annual report to the President of India. The report is also laid before the Parliament of India.

Which of the following is not included in the annual report of the NCBC?

(A) A review of the work done by the NCBC during the year.
(B) A statement of the NCBC’s financial position.
(C) A list of the complaints received by the NCBC during the year.
(D) A list of the recommendations made by the NCBC during the year.

Answer

The correct answer is (A). The annual report of the NCBC does not include a review of the work done by the NCBC during the year. This information is included in the NCBC’s annual action plan.