Sambhav-2024

• Introduce answer by explaining the constitutional position of the NCBC.
• Discuss the role and functions of the NCBC.
• Highlight the significance of the NCBC in ensuring the inclusion and exclusion of various backward classes for the purpose of benefits and social justice.
• Conclude Suitably.

Introduction:

The National Commission for Backward Classes (NCBC) is a constitutional body under Article 338B of the Indian Constitution. It was formed in 2018 by the 102^nd Constitutional Amendment Act, which gave it the authority to examine complaints and welfare measures for the socially and educationally backward classes.

• Previously, it was a statutory body under the National Commission for Backward Classes Act, 1993, which was enacted in pursuance of the Supreme Court’s direction in the Indra Sawhney case of 1992.

Body

The NCBC consists of a Chairperson, a Vice-Chairperson, and three other members, who are appointed by the President of India by warrant under his hand and seal, under Article 340 of the Constitution. Their conditions of service and tenure of office are determined by the President, and they serve at his pleasure.

The NCBC has the following role and functions as per Article 338B and 342A (Article 342A was inserted by the 102 Constitutional Amendment Act, 2018) of the Constitution:

• It investigates and monitors all matters relating to the safeguards provided for the socially and educationally backward classes under the Constitution or under any other law, and evaluates the working of such safeguards.
• It participates and advises on the socio-economic development of the socially and educationally backward classes, and evaluates the progress of their development under the Union and any State.
• It presents to the President, annually and at such other times as it may deem fit, reports upon the working of those safeguards.
• It tenders legal advice to the Union government regarding the inclusion and exclusion of various backward classes for the purpose of benefits and protection.
• It has all the powers of a civil court, such as summoning and enforcing the attendance of any person, receiving evidence on affidavits, examining witnesses and documents, etc.
• It regulates its own procedure.

The NCBC plays a significant role in identifying and recommending the inclusion and exclusion of various backward classes. It does so by:

• Laying down the criteria for determining the backwardness of any class, such as social, educational, economic, and other indicators.
• Conducting periodic surveys and studies to collect data and information on the socio-economic conditions and representation of the backward classes in various sectors and services.
• Recommending to the President the list of backward classes in various states and union territories, in consultation with the Governor of the concerned state, as per Article 342A of the Constitution.
• Recommending to the Union and State governments the extent of reservations and concessions for the backward classes in matters of admission to educational institutions, public employment, and other welfare schemes.
• Reviewing the existing list of backward classes and suggesting modifications or deletions as per the changing circumstances and needs.

Conclusion

The NCBC has undoubtedly played a crucial role in safeguarding the rights and welfare of socially and educationally backward classes in Indian society. However, its constitutional and statutory structure needs to be more agile and proactive to comprehensively address the issues of the people in a timely manner.