NATIONAL COMMISSION FOR BACKWARD CLASSES (NCBC) - POLITY

News: NCBC working with chairperson and just one member: govt. in Rajya Sabha

 

What's in the news?

       The Union government said that it had appointed just a chairperson and one member to the National Commission for Backward Classes (NCBC), in response to a Rajya Sabha question, asking why the Commission was yet to have a vice-chairperson and members.

       The appointments to the NCBC are as per provisions of Article 338-B of the Constitution, says Minister of State for Social Justice and Empowerment

 

Key takeaways:

       The current chairperson for the NCBC, Hansraj Gangaram Ahir, was appointed by the President in November 2022, after months of the Commission functioning without a chief.

       As per Article 338-B of the Constitution, which provided for the constitution of the NCBC, “Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a chairperson, vice-chairperson and three other members.”

 

National Commission for Backward Classes (NCBC):

102nd Constitutional Amendment Act:

       It inserted two new articles - Article 338 B and 342 A. It also made certain changes in Article 366.

       Article 338 B - empowers NCBC to examine complaints and welfare measures regarding socially and educationally backward classes.

       Article 342 A - empowers the President to specify/assign socially and educationally backward classes in different states and union territories. He can do this with the advice of the Governor of the respective state. But a parliamentary law is required for amending (inclusion/removal) the list of backward classes.

 

Powers and Functions of the new NCBC:

       The NCBC has the authority to examine, monitor, and evaluate the implementation of constitutional provisions for the socially and educationally disadvantaged.

       It engages in and advises on the backward classes socio-economic growth, as well as evaluating their progress.

       It reports to the President on the effectiveness of safeguards for OBCs. The President will provide such reports to the Parliament. If the findings are relevant to the state, a copy of the report must be sent to the state government in question.

       It has to perform such other functions (related to protection, welfare and development and advancement of OBCs) as the President may by rule specify which is subject to the provision of any parliamentary law.

       NCBC has the powers of a civil court.

 

Composition of NCBC:

       NCBC is composed of 1 chairperson and 5 members with a term of 3 years.

       Members are appointed and removed by the President.

       President also determines their conditions of service and office tenure.

       Chairperson eligibility - Judge of SC/HC

       Among the members, there should be:

       at least 2 National Commission for OBC in matters of backward classes

       at least 1 woman

       a social scientist

       a member secretary (rank of secretary to Government of India).