Apart from commissions for Scheduled Castes and Scheduled Tribes, the Constitution of India under Article-338B provides for the constitution of a National Commission for Backward Classes to safeguard the interests of Backward Classes.

Constitutional Status of the National Commission for Backward Classes

• Constitutional provisions: Under Article 340 of the Constitution, a Commission was established to examine the conditions of backward classes. First such Commission was presided over by Kaka Kalelkar in 1953.
• Reservation for OBCs: The Second Backward Class Commission under B.P. Mandal recommended 27% reservation for Other Backward Classes in 1990.
• Statutory Commission: In the Indira Sawhney Case, 1992 Supreme Court directed the Central government to constitute a permanent statutory body to promote the interests of backward classes. Therefore, a National Commission for Backward Classes (NCBC) was set up in 1993, through NCBC Act, 1993.
• Constitutional Status to the Commission: To provide constitutional status to the Backward Classes Commission on the lines of NCSC and NCST, 102nd Constitutional Amendment Act, 2018 was passed. This Act added Article-338B in the Constitution, making NCBC a Constitutional body. Bhagwan Lal Sahni served as its inaugural Chairperson.

Appointment and Composition of the National Commission for Backward Classes

The National Commission for Backward Classes comprises:

• A Chairperson,
• A vice-chairperson, and
• Three other members.

The President appoints the Chairperson and members of the Commission. Article 338B dictates that the President will determine the conditions of service, tenure, and other related matters regarding the Commission. Accordingly, National Commission for Backward Classes chairperson, vice-chairperson and members (conditions of services and tenure) Rules, 2018 were notified.

Qualifications for Chairperson and Members of the National Commission for Backward Classes

• For chairperson: The chairperson is appointed from amongst eminent socio-political workers belonging to the socially and educationally backward classes, with a record of selfless service for Backward classes.
• For members:  Among the vice chairperson and members of the Commission, at least two persons are appointed from persons belonging to the socially and educationally backward classes. At least one member is appointed from amongst women.

Term of Office for NCBC Chairperson, Vice-Chairperson and Members

The Chairperson, Vice-chairperson, and other members are appointed for a three-year term. They are not eligible for appointment for more than two terms.

Grounds and Procedure for Removal of NCBC Chairperson and Members

According to the NCBC Rules, 2018, the Chairperson can only be removed from office by an order from the President. He/she can be removed on the grounds of misbehaviour (A Supreme Court enquiry is held in such cases).

Other grounds for removal of Chairperson, vice chairperson and members are:

• If he/she is adjudged as insolvent.
• If he/she is of unsound mind and body in the opinion of the President.
• If he/she gets convicted and sentenced to imprisonment for an offence, which in the opinion of the President involves Moral Turpitude.

For vice chairperson and other members: Additional grounds for removal include being absent from three consecutive meetings without prior leave from the Commission.

Powers and Functions of the National Commission for Backward Classes

To better protect the interests of Other Backward Classes (OBCs), the National Commission for Backward Classes carries out the following functions:

• Inquiry and investigation:

• • The Commission assesses all issues related to the constitutional and legal protections for BCs and reviews their effectiveness.  
  • The Commission investigates specific complaints regarding the denial of rights and protections for backward classes. 
• Advisory function:
  • The Central and State governments must consult the Commission on all significant policy issues impacting backward classes. 
  • The Commission also takes part in and advises on the socio-economic development planning for OBCs and assesses the progress of their implementation. 
• Monitoring function: 

The Commission periodically identifies subjects or issues it will oversee pertaining to safeguards and other socio-economic development initiatives for Backward Classes. 

• In order to ensure that monitoring is done effectively, the Commission can ask for an Action taken report and suggest corrective measures in case of shortcomings.

• Quasi judicial Function: As per the Constitution, NCBC has power to regulate its own procedure. Thus, while probing a matter, the Commission possesses all the authority of a civil court in the following manner:
  • The Commission can summon and enforce the attendance of any person from any part of India. 
  • The Commission can ask for any evidence, document and any public record from Court or Offices.

Reports of the National Commission for Backward Classes

As stipulated in Article 338B of the Constitution, the Commission is required to submit a report to the President annually and at other times deemed appropriate by the Commission. The President places such a report before the Parliament along with a memorandum explaining the  action taken on the recommendations and reasons for non acceptance of any recommendation.

Significance of Constitutional Status to the National Commission for Backward Classes

The transformation of NCBC from a statutory to Constitutional body has enhanced the powers of the Commission in the following manner:

• Diverse powers and functions: Previously, the Commission’s primary role was primarily limited to reviewing the issues of including or excluding any class of citizens among OBCs. 

Now, with its Constitutional Status, the Commission has enhanced powers to investigate and inquire into crimes against backward classes, address grievances, and contribute to the creation of measures for their upliftment.

• Independence in functioning: According to NCBC Act, 1993, from appointment of members to determining their salaries, allowances etc,  all the matters were decided by the Central Government. However, due to the 102nd Constitutional Amendment Act, 2018, the President’s role in appointments, as well as the Commission’s duties and powers, are explicitly outlined under Article 338(B) of the Constitution. This reduces the chances of any interference in the functioning of the Commission.

Nonetheless, some experts argue that in particular instances, the authority of this Constitutional body is less than that of a statutory one. Like:

• Power of inclusion and exclusion of any caste in OBCs: The earlier Act specified that while including or excluding any caste from list of OBCs the Commission is to be consulted. However, there is no specific clause addressing this in Article 338(B).

Way ahead

Constitutional status to the Commission is a welcoming step to promote the interests of the OBCs. However, mere Constitutional status will not serve the purpose. As instructed by the Supreme Court, it is necessary to include certain experts as members of the Commission to enhance the input for the cause of OBCs. 

Additionally, the Commission should be granted more powers, such as independence in defining backward classes and binding recommendations in specific circumstances. The Commission is also encouraged to ensure consistency in its meetings, the submission of reports, and related activities.

Conclusion

The NCBC plays a vital role in advancing the interests of backward classes and supporting the empowerment of OBCs nationwide. Hence, it is the duty of the Commission to ensure that the reservation provisions and other constitutional safeguards for OBCs are implemented in letter and spirit and it should strive to achieve the goal of Socio-economic justice enshrined in Directive Principles of State Policy.