NCBC - POLITY
News: Law does not prescribe time limit for reconstituting National Commission for Backward Classes, Centre tells HC
What's in the news?
● The
law, as it stands today, does not prescribe any time period for reconstitution
of the National Commission for the Backward Classes after the expiry of the
term of the previous commission.
● Therefore, it is not possible to spell out a definite time limit within which the commission would be reconstituted, the Centre has told the Madras High Court.
National Commission for Backward Classes:
● 102nd Constitution
Amendment Act, 2018 provides constitutional
status to the National Commission for Backward Classes (NCBC).
● It
has the authority to examine complaints and welfare measures regarding socially
and educationally backward classes.
● Previously NCBC was a statutory body under the Ministry of Social Justice and Empowerment.
Composition:
● The
Commission consists of five members including a Chairperson, Vice-Chairperson and three other Members appointed by the
President by warrant under his hand and seal.
● The conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members is determined by the President.
Constitutional Provisions:
● Article 340
deals with the need to identify those "socially and educationally backward
classes", understand the conditions of their backwardness, and make
recommendations to remove the difficulties they face.
● 102nd
Constitution Amendment Act inserted new Articles
338 B and 342 A.
● The
amendment also brings about changes in Article
366.
● Article 338B
provides authority to NCBC to examine complaints and welfare measures regarding
socially and educationally backward classes.
● Backward classes: The Constitution Amendment Bill states that the President may specify the socially and educationally backward classes in the various states and union territories. He may do this in consultation with the Governor of the concerned state. However, a law of Parliament will be required if the list of backward classes is to be amended. (Article 342 A).
Powers:
● Investigating
and monitoring how safeguards provided to the backward classes under the
Constitution and other laws are being implemented.
● Inquiring
into specific complaints regarding violation of rights.
● Advising
and making recommendations on socio-economic development of such classes.
● The
central and state governments will be required to consult with the NCBC on all
major policy matters affecting the socially and educationally backward classes.
● It
presents to the President, annually and at such other times as the Commission
may deem fit, reports upon the working of those safeguards. The President laid such reports before each
House of Parliament.
● Where
any such report or any part thereof, relates to any matter with which any State
Government is concerned, a copy of such report shall be forwarded to the State
Government.
● NCBC has to discharge such other functions in relation to the protection, welfare and development and advancement of the socially and educationally backward classes as the President may, subject to the provisions of any law made by Parliament, by rule specify.
Power of Civil Court:
Under
the Constitution Amendment Act, the NCBC will have the powers of a civil court
while investigating or inquiring into any complaints. These powers include:
● Summoning
people and examining them on oath,
● Requiring
production of any document or public record, and
Receiving evidence.