National Commission for Backward Classes
What Is The National Commission For Backward Classes[1]
The National Commission for Backward Classes is a constitutional body in India, under the jurisdiction of the Ministry of Social Justice and Empowerment, established through the 102nd Amendment Act, 2018 that embodies the nation’s commitment to ensuring the welfare and empowerment of the marginalized and underserved sections of society i.e. Backward Classes. It was constituted under the provisions of the National Commission for Backward Classes Act,1993.[2]
In the context of Backward classes, the National Commission for Backward Classes advises and makes recommendations on the socio-economic development of the socially and educationally backward classes.
Official Definition of National Commission for Backward Classes
The term as defined in legislation
Article 340 of the Constitution provides for the appointment of a Commission to investigate the conditions of and the difficulties faced by the socially and educationally backward classes and to make appropriate recommendations.
The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labor and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made, and the order appointing such Commission shall define the procedure to be followed by the Commission.
Legal Provision Relating To The Term
Functions
All the functions of this commission are clearly defined under clause 5[3] in Article 338B of The Indian Constitution after the 102nd Amendment Act,2018.
- To investigate and inquire into all matters relating to the safeguards provided for the Backward Classes
- To advise and evaluate the planning process of socio-economic development of the Backward Classes
- To present to the President, annual reports and make recommendations as to the measures that should be taken upon the working of those safeguards and other measures for the protection, welfare, and socio-economic development of the Backward Classes;
- to discharge such other functions in relation to the protection, welfare and development, and advancement of the Backward Classes as the President may, subject to the provisions of any law made by Parliament, by rule specify.
Powers
The Commission shall, have all the powers of a civil court described under clause 8 of article 338B[4]
- Summoning and enforcing the attendance of any person from any part of India and examining him on oath;
- Requiring the discovery and production of any document;
- Receiving evidence on affidavits
- Requisitioning any public record or copy thereof from any court or office
- Issuing commissions for the examination of witnesses and documents;
- Any other matter which may be prescribed.
Composition
Section 3[5] of the NCBC Act provides that the Commission shall consist of five Members, comprising a Chairperson who is or has been a judge of the Supreme Court or of a High Court; a social scientist; two persons, who have special knowledge in matters relating to backward classes; and a Member-Secretary who is or has been an officer of the Central Government in the rank of a Secretary to the Government of India. Every Member of the Commission shall hold office for a term of 3 years from the date he assumes office.
Regional Variations
In addition to the National Commission for Backward Classes (NCBC), India has a number of State Commissions that have been set up to protect the rights and interests of Backward Classes at the state level[6]. The commissions in each state perform comparable tasks to the NCBC, but they are tailored to the unique requirements and circumstances of that state. The state Backward Class commissions of Andhra Pradesh[7] , Assam[8], Chhattisgarh[9], Goa[10] , Haryana[11], Karnataka[12], Kerala[13], Rajasthan[14], etc, exhibit diversity in their compositions. Comprising chairpersons and members appointed by the respective state governments, these commissions represent various Backward Classes within their jurisdictions. Appointment processes and the number of members vary according to state laws. Their social welfare functions typically encompass promoting the educational, economic, and social development of Backward Class groups and addressing grievances. They wield the power of a civil court. These variations underscore the distinct legal frameworks and socio-political landscapes shaping the roles and powers of the state Backward Classes Commission across these regions.
Appearance in the official Data Base
Complaints before the commission[15]
References
- ↑ https://ncbc.nic.in/
- ↑ https://lddashboard.legislative.gov.in/sites/default/files/A1993-27_0.pdf
- ↑ https://cdnbbsr.s3waas.gov.in/s380537a945c7aaa788ccfcdf1b99b5d8f/uploads/2023/02/2023022470.pdf
- ↑ https://cdnbbsr.s3waas.gov.in/s380537a945c7aaa788ccfcdf1b99b5d8f/uploads/2023/02/2023022470.pdf
- ↑ https://ncbc.nic.in/Writereaddata/NCBC%20ACT,%201993635564953917491491.pdf
- ↑ https://ncbc.nic.in/User_Panel/UserView.aspx?TypeID=1261
- ↑ https://www.indiacode.nic.in/bitstream/123456789/13990/1/act_no.19_of_2019.pdf
- ↑ https://www.indiacode.nic.in/bitstream/123456789/4110/1/The_Assam_Backward_Classes_Commission_Act_1993._0.pdf
- ↑ https://prsindia.org/files/bills_acts/acts_states/chhattisgarh/1995/1995CHG26.pdf
- ↑ https://www.indiacode.nic.in/bitstream/123456789/12107/1/the_goa_state_commission_for_backward_classes_act%2C_1993.pdf
- ↑ https://hbcc.nic.in/doc/Act%20No%209.pdf
- ↑ https://www.indiacode.nic.in/bitstream/123456789/7817/1/28_of_1995_%28e%29.pdf
- ↑ https://www.indiacode.nic.in/bitstream/123456789/12513/1/11.1.pdf
- ↑ https://www.indiacode.nic.in/bitstream/123456789/18844/1/the_rajasthan_state_commission_for_backward_classes_act%2C_2017.pdf
- ↑ https://ncbc.nic.in/Writereaddata/2020report.pdf
