Law and You > Constitutional Law > National Commission for Backward Classes (NCBC) (Art. 338B)
The National Commission for Backward Classes (NCBC) is a crucial constitutional body established to address the issues and concerns of the Other Backward Classes (OBCs) in India. Formed under Article 338B of the Constitution through the 77th Amendment Act of 1995, the NCBC plays a vital role in ensuring the socio-economic upliftment and protection of the rights of OBCs, who have historically faced marginalization and inequality in various sectors. The commissionโs primary responsibility is to identify and recommend communities for inclusion or exclusion from the list of OBCs, while also advising the government on policies that promote the welfare of these communities.
National Commission for Backward Classes (NCBC)
The NCBC works to safeguard the rights of OBCs in areas such as education, employment, and political representation through the affirmative action policies, particularly reservations. It monitors the implementation of government schemes and ensures that the benefits reach those who need them the most. Additionally, the commission investigates complaints and issues related to caste-based discrimination and exclusion.
History:
The need for a commission dedicated to the Backward Classes arose from the recognition that social and economic inequalities persisted among different sections of society, particularly those who were neither covered under the Scheduled Castes (SCs) nor the Scheduled Tribes (STs) categories. The Constitution of India initially focused on providing protection and affirmative action for the Scheduled Castes and Scheduled Tribes, but a large section of the population, particularly the Other Backward Classes (OBCs), were still marginalized in various spheres of life.
The issue of Backward Classes and their social and educational backwardness was first formally addressed through the Kaka Kalelkar Commission (1953), which was appointed to identify and recommend measures for the welfare of these communities. This was followed by the Mandal Commission in 1979, which provided a comprehensive report on the conditions of OBCs and recommended the implementation of reservations in government jobs and educational institutions for them.
In Indra Sawhney case of 1992, Supreme Court had directed the government to create a permanent body to entertain, examine and recommend the inclusion and exclusion of various Backward Classes for the purpose of benefits and protection. In pursuant to these directions parliament passed National Commission for Backward Classes Act in 1993 and constituted the NCBC. With the 77th Constitutional Amendment Act, 1995 that the National Commission for Backward Classes was formally established, under Article 338B of the Indian Constitution, with the aim of identifying the backward classes and advising the government on measures to improve their welfare.
123rd Constitution Amendment bill of 2017 was introduced in Parliament to safeguard the interests of backward classes more effectively. Parliament has also passed a separate bill to repeal the National Commission for Backward Classes Act, 1993, thus 1993 act became irrelevant after passing the bill. The bill got the President assent in August 2018 and provided the constitutional status to NCBC.
Constitution:
The National Commission for Backward Classes consists of a Chairperson, Vice-Chairperson, and three other members, all of whom are appointed by the President of India. The members of the NCBC should have a deep understanding of the social, economic, and educational conditions of the backward classes.
The Chairperson leads the commission and oversees its activities, ensuring its proper functioning and coordination with various state and central agencies. The Vice-Chairperson and other members of the Commission have specific areas of expertise related to social justice, law, and socio-economic conditions of the backward classes. They are involved in the decision-making process, formulation of policies, and addressing the grievances of OBC communities. The NCBC also includes a Secretary who coordinates the administrative functions of the commission.
Functions:
The National Commission for Backward Classes is entrusted with a wide range of responsibilities aimed at safeguarding the interests of the Other Backward Classes (OBCs) in India. Some of the key functions and powers of the NCBC are:
- Identification and Classification of OBCs: One of the main functions of the NCBC is to identify and classify the communities that qualify as Backward Classes. It evaluates the social, educational, and economic conditions of various communities and recommends their inclusion or exclusion from the list of OBCs. The commission can also review the existing list of OBCs and make necessary amendments.
- Recommendations to the President: The NCBC advises the President of India on the inclusion or exclusion of communities from the OBC list. Based on its studies, the commission makes recommendations to the President for the inclusion of new communities in the OBC category or the exclusion of others.
- Investigation and Inquiries: The NCBC has the authority to conduct inquiries and investigations into the grievances of the Other Backward Classes. It can examine issues such as discrimination, exclusion, and denial of opportunities, especially in matters related to government schemes, reservations, and social justice.
- Advisory Role to the Government: The commission plays an advisory role, making suggestions to both the central and state governments regarding policies, schemes, and actions that would improve the welfare and representation of OBCs. This includes advising on matters related to reservation in education, employment, and legislative representation.
- Protection of Rights and Welfare: The NCBC ensures that the rights of the OBCs are safeguarded, particularly in areas where they face social and economic discrimination. It works to ensure that affirmative action policies, such as reservations, are implemented fairly and effectively, and that OBC communities have access to equal opportunities in all sectors.
- Monitoring the Implementation of Welfare Programs: The commission monitors the progress of various welfare programs and policies for the OBCs, ensuring that they are being effectively implemented at the central and state levels. It assesses the impact of government policies and makes recommendations for improvement.
- Annual Reports and Recommendations: The NCBC submits an annual report to the President of India, outlining the progress made in the welfare of OBCs and providing recommendations for further action. The report is then tabled in the Parliament for discussion, which helps to ensure transparency and accountability in the functioning of the commission.
Significance of NCBC
The National Commission for Backward Classes (NCBC) plays a crucial role in fostering social justice, inclusivity, and equality for the Other Backward Classes (OBCs) in India. Some of the significant contributions and significance of the NCBC are:
- Ensuring Equal Opportunities: The NCBC works to ensure that OBC communities receive equal access to opportunities in areas like education, employment, and political participation. Through its oversight of affirmative action policies, including reservation, the commission helps to level the playing field for OBCs, providing them with better chances for social and economic mobility.
- Empowering Marginalized Communities: The NCBC empowers marginalized communities by giving them a platform to voice their grievances and concerns. It works to eliminate the systemic barriers and discriminatory practices that OBCs face, allowing them to participate more actively in the social, economic, and political spheres of India.
- Promoting Social Harmony: By focusing on the upliftment of OBCs, the NCBC helps in reducing social inequality and promoting social harmony. The commission works towards the creation of an inclusive society where individuals from all communities, regardless of their caste or background, have equal opportunities to succeed and contribute.
- Advisory Role for Policy Makers: The NCBC provides valuable guidance to policymakers, suggesting changes to existing laws, programs, and policies that will better serve the needs of OBC communities. Its recommendations ensure that policies are reflective of the challenges and aspirations of the backward classes.
- Transparent and Fair Implementation of Reservations: One of the major areas of focus for the NCBC is ensuring that reservation policies for OBCs in educational institutions, government jobs, and political representation are implemented fairly. The commissionโs oversight ensures that reservations benefit the genuinely disadvantaged sections of the OBC communities.
Challenges and Criticisms
Despite the important role played by the National Commission for Backward Classes, there are several challenges and criticisms associated with its functioning:
- Complexity in Identifying Backward Classes: Identifying which communities should be classified as OBCs is often a complex process, given the diversity and heterogeneity of Indian society. Different states may have different criteria for identifying backward classes, leading to discrepancies in the application of reservation policies.
- Implementation Gaps: While the NCBC makes important recommendations and monitors the implementation of policies, there are often gaps in the effective implementation of welfare schemes at the ground level. Local administrative hurdles, political factors, and lack of awareness about OBC rights sometimes hinder the success of these programs.
- Demand for Expanded Reservations: Over the years, there has been growing pressure to increase the reservation quota for OBCs, with demands from certain communities to be included in the OBC list. This has led to controversies and debates about the fairness and feasibility of expanding reservations further.
Conclusion
In conclusion, the National Commission for Backward Classes (NCBC) plays a vital and irreplaceable role in promoting social justice and ensuring the welfare of the Other Backward Classes (OBCs) in India. Established to address the unique challenges faced by OBC communities, the commission works tirelessly to ensure that these communities receive their rightful share of opportunities in education, employment, and political representation. By advising the government on policies, identifying deserving communities for inclusion in the OBC list, and ensuring that affirmative action measures like reservations are implemented effectively, the NCBC contributes significantly to fostering an equitable society.
Despite the challenges in identifying backward classes and ensuring the uniform implementation of welfare schemes, the NCBC remains central to bridging the socio-economic gap between different sections of society. Its role in safeguarding the rights of OBCs, investigating grievances, and making necessary recommendations to improve policies ensures that marginalized communities have a fair chance at social and economic mobility.
The commissionโs work goes beyond just administrative tasks; it is a critical instrument in shaping an inclusive India. As India continues its journey toward socio-economic equality, the NCBC remains a cornerstone in the effort to create a society where every individual, regardless of their caste or background, can access opportunities and live with dignity and respect. Through its actions, the NCBC ensures that the principles of justice and equality enshrined in the Constitution are upheld for all.