Constitutional Mandate

• The National Commission for Backward Classes (NCBC) is a constitutional body under Article 338B of the Indian Constitution.

When was the National Commission for Backward Classes formed?

• Formation: Previously a statutory body under the National Commission for Backward Classes Act, 1993, the NCBC was made a constitutional body through the Constitution Act, 2018 (102nd Amendment Act, 2018).
• Jurisdiction: The NCBC works under the jurisdiction of the Ministry of Social Justice and Empowerment.
• Relevant Articles: Article 338B has given authority to NCBC to examine complaints and welfare measures for socially and educationally backward classes.
  • Article 342A gives powers to the President to specify socially and educationally backward classes in various states and union territories.

Who appoints the National Commission for Backward Classes?

• Authority: The President of India has the authority to appoint the members of the National Commission for Backward Classes (NCBC) under Article 340 of the constitution, by warrant under his hand and seal.
• 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.

What are the Powers of the National Commission for Backward Classes?

• Powers of Civil Court: The National Commission for Backward Classes is vested with all the powers of a civil court;
• Legal Advice: The NCBC has powers to tender legal advice to the union government regarding inclusions in and exclusions from the lists of communities notified as backward for the purpose of job reservations;
• Regulate Procedure: NCSC enjoys the power to regulate its own procedure;
• Summoning Persons: The NCBC has powers to summon and enforce the attendance of any person from any part of India and examine him on oath; 
• Discovery of Documents: It has the powers of the discovery and production of any document; 
• Affidavit Receiving: The NCBC receives evidence on affidavits; 
• Asking for Records: NCBC can ask for any public record or copy thereof from any court or office; 
• Examining Witness: NCBC can ask for the examination of witnesses and documents;

What are the functions of the National Commission for Backward Classes?

• Main Function: The National Commission for Backward Classes has the main purpose of participating and advising actively on the socio-economic development of the socially backward classes (OBCs) along with evaluating the progress of their development.
• Other Functions:
  • Safeguards of Backward Classes: The commission has the responsibility to investigate & monitor matters relating to safeguards provided for Backward Classes in the constitution or any other law.
  • Inquiry into Complaints: The commission makes inquiries into specific complaints regarding deprivation of rights and safeguards of the socially and educationally backward classes.
  • Evaluate Development: The commission monitors the development and progress of the socially and educationally backward classes under the Union and any State.
  • Recommendations of Measures: It recommends measures to be taken by the union and the states for the protection, welfare, and socio-economic development of the socially and educationally backward classes.
  • Providing Annual Report: The Commission presents an annual report to the President regarding the working of safeguards for socially and educationally backward classes. 
  • Miscellaneous: The commission discharges any other functions related to the welfare and development of socially and educationally backward classes as the President may specify.

What is the significance of the National Commission for Backward Classes?

• Address Concerns of Backward Classes: The setting up of the National Commission for Backward Classes acknowledges the need for addressing the development of Socially and Educationally Backward Classes.
• Transparent Functioning: The commission’s recommendation on the addition or removal of particular groups from the central OBC list is based on transparent rules.
• Social Justice: The NCBC is empowered to help oppressed classes in battling atrocities committed against them and ensuring swift justice.

What are the drawbacks of the National Commission for Backward Classes?

• Non-binding Recommendations: Even though the commission has the power to carry out extensive investigations and recommend actions, these recommendations are non-binding on the government.
• Varying Definition of Backward Class: There is no responsibility on the commission to define backward classes and hence it cannot handle dynamic challenges.
• Politicization: The members of the commission are appointed based on political affiliations. Vote bank politics plays a major role in its actions.
• Expert Body: The NCBC is not an expert body as envisioned by the Supreme Court, but mostly a quasi-political body.
• Grassroots-level Disillusion: Merely bestowing constitutional status and introducing additional legislation may not address grassroots-level problems.

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