NCBC Advice for Inclusion of Certain Castes in the Central List of OBCs

November 9, 2024

GS Paper II Polity

NCBC Advice for Inclusion of Certain Castes in the Central List of OBCs

The National Commission for Backward Classes has recommended to the Union Government the inclusion of at least seven castes and their synonyms from Maharashtra in the Central List of Other Backward Classes.

Process of Inclusion of Caste in the Central OBC List

Request: The respective State/UT governments make a proposal to include certain castes in the Central OBC list.
- The Proposal has to be backed with data on the social, economical and educational backwardness of the said communities and forward it to The National Commission for Backward Classes (NCBC).
Review: The National Commission for Backward Classes (NCBC) forms a bench to examine the proposal based on social, educational, and economic indicators suggested by the Mandal Commission 1979.
Advice: The NCBC then advises the Central Government on inclusion/exclusion of caste or community in the Central OBC list after,
- The Commission examines the reasons and justifications for backwardness given by the community and conducts public hearings for detailed study of social and educational backwardness.
- The advice has to be duly signed and authenticated by the Chairperson, Vice Chairperson, and all members of the Commission.
Inclusion: The NCBC then forwards its decision to the Union government. The Cabinet brings about legislation on approving the advise. If passed by the Parliament and notified by the President, the caste stands included in the central list.

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The National Commission for Backward Classes (NCBC)

NCBC is a constitutional body which came into effect through the 102nd Amendment Act, 2018 and was set up under Article 338-B of the Indian Constitution
Formation: The National Commission for Backward Classes (NCBC) was recommended in the 1992 Indra Sawhney v. Union of India Supreme Court judgment.
- Parliament passed the National Commission for Backward Classes Act in 1993 and constituted the NCBC as a Statutory body.
Jurisdiction: The Ministry of Social Justice and Empowerment.
Functions:
- NCBC can examine complaints and welfare measures for socially and educationally backward classes.
- Powers of Civil Court: The National Commission for Backward Classes is vested with all the powers of a civil court
Appointment: The President of India appoints the members of the National Commission for Backward Classes (NCBC) under Article 340 of the constitution, by warrant under his hand and seal.
- Article 342A: The President can specify socially and educationally backward classes in various states and union territories.
Composition: The Commission will consist of a Chairperson, Vice-Chairperson, and three other Members.
Tenure: Their conditions of service and tenure of office of all members are determined by the President. Usually, the tenure of the chairperson is 3 years.
Removal: The members of the commission serve till the pleasure of the President.

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