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).