National Commission for Backward Classes

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National Commission for Backward Classes
Commission overview
Formed14 August 1993; 25 years ago (1993-08-14)
Minister responsible
Commission executives
  • Bhagwan Lal Sahni, Chairman, Dr. Lokesh Kumar Prajapati, Vice Chairman
  • Kaushalendra Singh Patel, Member
  • Sudha Yadav, Member
  • Achary Talloju, Member
Websitehttp://www.ncbc.nic.in

India's National Commission for Backward Classes is a constitutional body (123rd constitutional amendment bill 2018 and 102nd amendment in constitution to make it constitutional body) (Article 338B of the Indian Constitution) under India's Ministry of Social Justice and Empowerment established on 14 August 1993. It was constituted pursuant to the provisions of the National Commission for Backward Classes Act, 1993.[1]

Statutory backing[edit]

The commission was the outcome of Indra Sawhney & Ors. Vs. Union of India. The Supreme Court of India in its Judgement dated 16.11.1992 in Writ Petition (Civil) No. 930 of 1990 – Indra Sawhney & Ors. Vs. Union of India and Ors., reported in (1992) Supp. 3 SCC 217 directed the Government of India, State Governments and Union Territory Administrations to constitute a permanent body in the nature of a Commission or Tribunal for entertaining, examining and recommending upon requests for inclusion and complaints of over-inclusion and under-inclusion in the list of OBCs.[2] The Supreme Court held that the Constitution recognised only social and educational — and not economic — backwardness.

The number of backward castes in Central list of OBCs has now increased to 5,013+ (without the figures for most of the Union Territories) in 2006 as per National Commission for Backward Classes.[3] In October 2015, National Commission for Backward Classes proposed that a person belonging to OBC with an annual family income of up to ₹15 lakhs should be considered as minimum ceiling for OBC.[4] NCBC also recommended sub-division of OBCs into 'backward', 'more backward' and 'extremely backward' blocs and divide 27% quota amongst them in proportion to their population, to ensure that stronger OBCs don't corner the quota benefits.[5][6][7]

Article 338B of Indian Constitution[edit]

The NCBC Bill, passed by Parliament of India inserted Article 338B into the Constitution after Articles 338 and 338A which deal with the National Commission for Scheduled Castes (SC) and National Commission for Scheduled Tribes (ST) respectively.

Composition[edit]

Section 3 of the Act provides that the Commission shall consist of one chairman and four Members: a Chairperson who is or has been a judge of the Supreme Court or of a High Court; a social scientist; two persons who have special knowledge in matters relating to backward classes; and a Member-Secretary, who is or has been an officer of the Central Government in the rank of a Secretary to the Government of India. Their term is of Three years.[8]

Current members[9][edit]

Chairperson Mr.Bhagwan Lal Sahni
Vice Chairman Dr. Lokesh Kumar Prajapati
Member Mrs. Sudha Yadav
Member Mr. Kaushlendra Singh Patel
Member Mr. Thalloju Achary

Functions and power[edit]

The commission considers inclusions in and exclusions from the lists of communities notified as backward for the purpose of job reservations and tenders the needful advice to the Central Government as per Section 9(1) of the NCBC Act, 1993. Similarly, the states have also constituted commissions for BC's. As of 24 July 2014 over two thousand groups have been listed as OBCs. The National Commission for Backward Classes, National Commission for Scheduled Castes as well as National Commission for Scheduled Tribes [1] have the same powers as a Civil Court.[10] Initially National Commission for Backward Classes was not empowered to look into the grievances of persons of Other Backward Classes (under Article 338(5) read with Article 338(10) of the Constitution, National Commission for Scheduled Castes was the competent authority to look into all the grievances, rights and safeguards relating to Backward Classes). But consequent to the 102nd Constitutional Amendment Act and the insertion of Article 338B, these powers are now vested in NCBC[11].

See also[edit]

References[edit]

  1. ^ "The NCBC Act, 1993". ncbc.nic.in. Retrieved 13 February 2017.
  2. ^ "National Commission for Backward Classes". www.ncbc.nic.in. Retrieved 13 February 2017.
  3. ^ "“Time to curb number of backward castes”". 13 September 2007 – via www.thehindu.com.
  4. ^ "OBC panel backs off, won't make 'creamy layer' reservation criteria stringent - Times of India". The Times of India.
  5. ^ "OBC sub-division, relaxing creamy layer is a must: NCBC tells govt - Times of India". The Times of India.
  6. ^ "Raise 'creamy layer' to Rs 10.5 lakh: OBC panel - Times of India". The Times of India.
  7. ^ "National Commission for Backward Classes". www.ncbc.nic.in.
  8. ^ "Organisation chart". Retrieved 3 May 2012.
  9. ^ "National Commission for Backward Classes". www.ncbc.nic.in. Retrieved 13 February 2017.
  10. ^ "National Commission for Backward Classes". Press Information Bureau. 24 July 2014. Retrieved 26 July 2014.
  11. ^ Constitution of India (PDF). Retrieved 10 May 2019.

External links[edit]