National Commission For Backward Classes (NCBC)

National Commission For Backward Classes: Besides the communities that fall under scheduled caste and scheduled tribes, there are some socially and educationally deprived groups referred to as the other backward classes. It was observed that this community bears the brunt of being socially exploited and does not have full accessibility to educational opportunities. For the upliftment of the other backward classes, the Indian government established a national commission for the other backward classes on 14th August 1993. The commission came into the establishment after the Supreme Court’s on the Indra Sawhney vs Union of India case.

The primary function of National Commission For Backward Classes is the protection and promotion of the interests of other backward classes. In addition, the socially and educationally disadvantaged communities have special provisions safeguarding their interests in the Indian constitution. The latest data (2004-2005) by the National Sample Survey Organisation cities that OBCs constitute about 41 percent of the population.

In this article, we have provided every detail on National Commission For Backward Classes (NCBC), including its members, historical events, Constitutional Provisions, duties, powers, and functions of NCBC.

What is National Commission For Backward Classes (NCBC)?

The National Commission for Backward Classes (NCBC) is a constitutional body in India that is responsible for investigating and making recommendations on issues related to the socially and educationally backward classes. The commission was initially established by the central government as an executive body on August 14, 1993. It was later accorded Constitutional Status through The Constitution (One Hundred and Second Amendment) Act, 2018.

Members of National Commission For Backward Classes

The commission comprises the following members as appointed by the Union Government:

• A chairperson who is or has acted as a judge at the high court of the Supreme Court of India
• A social scientist
• Two members with robust knowledge in matters about Other Backward Classes (OBCs)
• A member secretary, who is or has served at the Centre as the secretary to the Indian government
• The term to hold office for each member is three years. The Central government has the power to impeach any member due to reasons such as conviction, unsound mind, or inefficiency in their work.

Historical Events in OBC Reservation

Here are the historical events in the OBC Commission that led to the reservation for the backward classes:

• The First Backward Classes Commission by Article 340 of the Indian constitution was set up in 1953 under the chairmanship of Kaka Kalelkar. The commission was thus commonly referred to as the Kalelkar Commission. It was the first commission to recognize disadvantaged sections other than the SCs and STs, known as the Other Backward Classes (OBCs). It had recognized more than 800 castes as ‘most backward’ and recommended up to 70 percent reservation of seats for such strata.
• Following this, the second backward classes commission led by BP Mandal also concluded that caste is a primary indicator of backwardness. The commission claimed the OBC population to be 52 percent. After the Indira Sawhney vs Union of India case, the Supreme Court capped reservations for SCs, STs, and OBCs at 50 percent. Jobs in the central government were reserved at 27 percent for OBCs.

Constitutional Provisions of National Commission For Backward Classes

The constitutional provisions of NCBC are given below that include the articles of the Indian constitution

• Article 340 of the Indian constitution provides for the appointment of a Commission delegated with the responsibility to investigate the poor conditions of backward classes. It also provides inputs on how their conditions can be improved. The National Commission of Other Backward Classes was composed by the President by exercising this article.
• By the 102nd Constitutional Amendment ActConstitutional Amendment Act of 2018, Article 338B was incorporated into the constitution of India. The National Commission of Other Backward Classes was bestowed with a constitutional status with this amendment. The President’s assent to the 123rd constitutional amendment bill of 2017, made it possible for the commission to be accorded such a status. Previously, it acted as a statutory body under the Ministry of Social Justice and Empowerment. The amendment delineated the structure, functions, and objectives of the commission. Earlier, the commission was constituted under the National Commission for Backward Classes Act, of into1993. Before the amendment, the commission was not empowered to hear the grievances of the backward classes.
• Article 342A was also incorporated in the 102nd Constitutional Amendment Act. It empowered the President to entitle or recognize any caste as a part of a socially and educationally backward class. However, it is mandatory to get prior parliamentary approval for the addition or deletion of any community.

Duties of National Commission For Backward Classes

The duties of NCBC are given as follows that include the main functions and what NCBC does for the people belonging to OBC :

• The primary function of the commission has been to oversee and regulate the inclusion of various socially and educationally disadvantaged sections. The commission also receives complaints regarding overinclusion and underinclusion of any backward class. By 2006, the number of castes that fall under OBCs increased to more than 5000.
• The commission is required to investigate those matters pertaining to safeguarding the socially and economically backward strata of society. These safeguards are related to the constitutional provisions available to such people or as per the orders of the government. The commission is also obliged to evaluate the working and efficiency of such safeguards.
• The commission responds to cases and complaints that involve deprivation of social, economic, and political resources to the backward classes. It tries to restore the rights of socially and educationally backward people through the means of using safeguards available at their disposal.
• To advise the union government for the socio-economic development of the concerned community. It also evaluates the progress of such developmental plans periodically. The President of India is also notified about the progress of the concerned classes. The commission presents the report of progress to the President annually or as required to do so.
• The commission brainstorms on effective policies implementation for the protection and welfare of the social and economic backward classes. It advises and recommends the union and the state government into taking certain political actions that could safeguard the rights and identity of the backward classes.
• The President of India proposes the report in the House of Parliament. The Union and the state government are recommended certain actions in favour of the disadvantaged sections.

Powers and Functions of National Commission For Backward Classes

Here are the powers and functions of the NCBC (National Commission For Backward Classes):

• The Commission is conferred with powers equivalent to that of a civil court when trying a suit. It can summon any person within the territory of India to be produced for the oath. It may also order for requisition of any public record or evidence in association with the affidavit.
• Subject to the parliamentary provisions, The National Commission of Other Backward Classes discharge functions for the welfare, development, and advancement of the target group.
• With an aim to bring social equality in the nation, the commission is entrusted with the responsibility to provide quick justice against the atrocities faced by backward sections of the society.

Since the commission’s formation in 1993, it has been reformed to strengthen its structure and functioning. The political move to grant the statutory body a constitutional status was radically approved by the public. The primary role of the commission is to protect the backward classes and suggest ways that could reduce the existing social and class inequalities in society.

UPSC Prelims Questions on National Commission For Backward Classes(NCBC)

1. When was the National Commission for Other Backward Classes (NCBC) established by the Indian government?

A. 1953

B. 1993

C. 2006

D. 2018

2. Which commission recognized disadvantaged sections other than the Scheduled Castes and Scheduled Tribes as the Other Backward Classes (OBCs)?

A. Kalelkar Commission

B. Mandal Commission

C. Sawhney Commission

D. Nehru Commission

3. How much reservation was recommended for OBCs by the Kalelkar Commission?

A. Up to 10%

B. Up to 20%

C. Up to 50%

D. Up to 70%

4. What percentage of reservation for OBCs was capped by the Supreme Court after the Indira Sawhney vs Union of India case?

A. 27%

B. 50%

C. 70%

D. 90%

5. The National Commission for Other Backward Classes was accorded constitutional status through which constitutional amendment act?

A. 100th Amendment Act

B. 101st Amendment Act

C. 102nd Amendment Act

D. 103rd Amendment Act

6. Which article of the Indian Constitution provides for the appointment of a commission to investigate the conditions of backward classes?

A. Article 340

B. Article 342A

C. Article 350B

D. Article 360

7. The National Commission for Other Backward Classes Act, 1993, was amended to grant it constitutional status. True or False?

A. True

B. False

8. What is the primary function of the NCBC?

A. To regulate elections in the country

B. To protect and promote the interests of Other Backward Classes

C. To provide healthcare services to backward classes

D. To conduct educational assessments

9. The NCBC has the power to summon individuals and requisition public records as equivalent to what legal entity?

A. Supreme Court

B. Civil Court

C. Police Department

D. Parliament

10. How often does the NCBC present a report of progress to the President of India?

A. Annually

B. Biennially

C. Quarterly

D. Once every ten years

FAQs on National Commission For Backward Classes (NCBC)

1. How to approach the NCBC for inclusion or complaints regarding the Central List of OBCs?

Individuals or communities seeking inclusion or with complaints regarding the Central List of Other Backward Classes (OBCs) can approach the National Commission for Backward Classes (NCBC) by submitting a petition. The petition should include relevant details and supporting documents to establish the claim for inclusion or address the complaint.

2. What is the role of the NCBC in job reservations?

The NCBC plays a crucial role in recommending the inclusion or exclusion of communities in the Central List of OBCs. Once a community is included in the list, the government may extend job reservations and other affirmative action policies to individuals belonging to those communities.

3. What are the National Commission for Backward Classes Rules, 1994?

The National Commission for Backward Classes Rules, 1994, lays down the procedures and guidelines for the functioning of the NCBC. These rules outline the process for receiving petitions, conducting inquiries, and making recommendations for the inclusion or exclusion of communities in the Central List of OBCs.

4. What is the 102nd Amendment to the Indian Constitution?

The 102nd Amendment to the Indian Constitution, enacted in 2018, introduced provisions related to the powers and functions of the NCBC. It added Article 338B, which empowers the NCBC to investigate and monitor the implementation of constitutional safeguards for OBCs.

5. How does the NCBC examine the condition of socially and educationally backward classes?

The NCBC examines the condition of socially and educationally backward classes through various methods, including field visits, interactions with community members, and the analysis of socio-economic and educational indicators. The commission may conduct studies, surveys, and research to assess the backwardness of different communities.