National Commission for Backward Classes- UPSC Notes

National Commission for Backward Classes

The term Other backward class denotes the castes that are educationally or socially backward or disadvantaged (other than scheduled castes and scheduled tribes). The backwards classes account for around 52% of the total population as per the Mandal Commission report, 1980.

Constitution of National Commission for Backward Classes

Since Independence, several commissions have been created to suggest steps for the betterment of the backward classes. Kaka Kelkar Commission (1953) and Mandal Commission (1979) were created by executive order under the provisions of Article 340 in this regard. But these were temporary commissions and did not suit the changing social framework of India.

Statutory Status of National Commission for Backward Classes

• The main stimulus, however, was made by the Judiciary through the Mandal Case Judgement, 1992.
• In the Mandal case, also known as the Indra Sawhney VS Union of India case, the Supreme Court decreed that a central government should constitute a permanent statutory body to scrutinise the complaints regarding the social group having been wrongly included in or excluded from the list of those eligible for 27% reservation.
• Hence the National Commission for Backward Classes was set up as a statutory body in 1993 through the Commission for Backward Classes Act.

Constitutional Status of NCBC:

In 2018, the government decided to grant it a constitutional status by passing the 102^nd Amendment Act. The amendment added a new Article 338-B and Article 342A to the constitution.

1. Article 338B confers constitutional status to the National Commission for Backward Classes.
2. Article 342A empowers the President to specify socially and educationally backward classes (SEBC) in the central list after consultation with the governor.

Through Constitutional status, the functions assigned to the commission were widened to effectively protect the interests of the socially and educationally backward classes.

Composition of NCBC:

• The commission comprises a chairperson, vice-chairperson and three other members.
• At least two persons of the Vice-chairperson and all other members shall be appointed from amongst persons belonging to the socially and educationally backward classes.
• At least one other member shall be appointed from amongst

Appointment and Tenure of NCBC

Under Article 338-B, a new National Commission for Backward Classes was set up in 2018;

• Appointment: The President appoints the members of the commission.
• Condition of service and tenure: The constitution empowers the President of India to determine the condition of services and tenure of the members.

These conditions have been defined in the National Commission for Backward Classes chairperson, Vice-chairperson, and members (conditions of services and tenure) Rules, 2018 (Source).