National Commission for Backward Classes

♤ The Supreme Court of India in Indira Sawhney Judgment, 1992 directed the government 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.

♤ Pursuant to the direction of the Supreme Court, the Government of India enacted the National Commission for Backward Classes Act, 1993 for setting up a Commission at National Level viz. “National Commission for Backward Classes” as a permanent body.

♤ Power of NCSC to examine matters: Currently, under the Constitution the NCSC has the power to look into complaints and welfare measures with regard to SCs, backward classes and Anglo-Indians.

♤ The Government has brought a Constitutional Amendment Bill to provide for constitution of a Commission under Article 338B for socially and educationally backward classes.

♤ This will rename the NCBC as National Commission for Socially and Educationally Backward Classes and will give it constitutional status.It will hear the grievances of socially and educationally backward classes, a function which has been discharged so far by the National Commission for Scheduled Castes under the article 338

♤ The Bill has recognised the developmental needs in addition to reservations.

♤ Definition of socially and educationally backward classes: Insertion of Clause (26C) under Article 366 to define “socially and educationally backward classes” as such backward classes deemed so under Article 342A.