Introduction & Summary
The National Commission for Backward Classes (NCBC) is a pivotal constitutional body in India, primarily tasked with safeguarding the interests of the Socially and Educationally Backward Classes (SEBCs), commonly known as Other Backward Classes (OBCs). Its journey from a statutory body to a constitutional one, formalized by the 102nd Constitutional Amendment Act, 2018, under Article 338B, signifies a significant step towards strengthening its autonomy and effectiveness. The 105th Constitutional Amendment Act, 2021, further clarified its role, specifically restoring the power of states to identify and specify their own lists of SEBCs. The NCBC investigates complaints, monitors safeguards, advises on socio-economic development, and plays a crucial role in the dynamic process of identifying and protecting the rights of SEBCs in India.
Core Content
19.8.1: Evolution: Statutory Body to Constitutional Status
Initial Background (Mandal Commission & Indra Sawhney Case)
The Mandal Commission (1979), headed by B.P. Mandal, recommended 27% reservation for OBCs. The landmark Indra Sawhney & Ors. v. Union of India (1992) case upheld 27% reservation for OBCs but directed the Union Government to establish a permanent statutory body to examine requests for inclusion/exclusion.
Statutory Body (NCBC Act, 1993)
In compliance with the Supreme Court's directive, Parliament enacted the National Commission for Backward Classes Act, 1993, establishing the NCBC as a statutory body.
Constitutional Status (102nd Amendment Act, 2018)
The 102nd Constitutional Amendment Act, 2018, granted NCBC constitutional status, inserting Article 338B (structure, duties, powers) and Article 342A (President's power to specify SEBCs) into the Constitution.
Clarification of States' Power (105th Amendment Act, 2021)
Following the Supreme Court's interpretation in the Maratha reservation judgment (2021), which limited states' power to identify SEBCs, Parliament passed the 105th Constitutional Amendment Act, 2021. This restored the power of states to prepare their own 'State List' of SEBCs, while the 'Central List' remains under the purview of the President and Parliament.
19.8.2: Composition (Article 338B(2))
Multi-Member Body
Consisting of:
- A Chairperson
- A Vice-Chairperson
- Three other members
Appointment & Tenure
- Appointment: Chairperson, Vice-Chairperson, and other members are appointed by the President by warrant under his hand and seal.
- Conditions of Service & Tenure: Determined by the President by rule.
- Similarity: Similar to NCSC and NCST.
19.8.3: Functions (Article 338B(5))
Investigate & Monitor
To investigate and monitor all matters relating to safeguards provided for SEBCs under the Constitution or any other law, and to evaluate their working.
Inquire into Complaints
To inquire into specific complaints with respect to the deprivation of rights and safeguards of the SEBCs.
Participate & Advise on Development
To participate and advise on the planning process of socio-economic development of SEBCs and to evaluate their progress under the Union and any State.
Present Reports to President
To present to the President, annually and at such other times as deemed fit, reports upon the working of those safeguards.
Make Recommendations
To make recommendations on measures for effective implementation of safeguards and other steps for protection, welfare, and socio-economic development of SEBCs.
Discharge Other Functions
To discharge such other functions related to the protection, welfare, development, and advancement of SEBCs as the President may specify by rule.
19.8.4: Powers (Article 338B(8))
The NCBC, while investigating any matter or inquiring into any complaint, has all the powers of a civil court trying a suit. These powers enable it to conduct thorough investigations, including:
- Summoning and enforcing attendance of any person.
- Requiring discovery and production of any document.
- Receiving evidence on affidavits.
- Requisitioning any public record or copy thereof.
- Issuing commissions for examination of witnesses and documents.
- Any other matter determined by the President.
19.8.5: Role in SEBC Lists (Article 342A & 105th Amendment)
Central List of SEBCs (Article 342A)
- President's Role: Article 342A(1) states the President, in consultation with the Governor, may specify SEBCs for the Central List.
- Parliament's Role: Article 342A(2) states Parliament may, by law, include or exclude any class from the Central List.
- NCBC's Role: The NCBC plays a consultative and investigative role, examining requests and advising the Union government on additions or deletions.
Impact of 105th Amendment Act, 2021 (State Lists)
- Restoration of States' Power: This amendment clarified that states retain their power to identify and specify their own lists of SEBCs (the 'State List') for their respective purposes.
- Reversal of Interpretation: It reversed a Supreme Court interpretation (Maratha quota judgment) that had centralized this power solely with the President.
- NCBC's Scope: NCBC's direct role primarily pertains to the Central List. For state lists, states themselves consult their own state backward classes commissions, though NCBC may advise the Union on broader policy.
19.8.6: Mandatory Consultation (Article 338B(9))
This crucial provision mandates that the Union Government and every State Government are required to consult the NCBC on all major policy matters affecting the Socially and Educationally Backward Classes.
This strengthens the NCBC's influence on policy formulation, ensuring SEBC interests are considered in governance, and provides a significant advisory function over executive action, fostering greater accountability.
Prelims-ready Notes
Constitutional Status
Article 338B. Inserted by 102nd CAA, 2018.
Evolution
- Statutory Body (NCBC Act, 1993, following Indra Sawhney).
- Constitutional Status (102nd CAA, 2018; Arts 338B, 342A).
- States' Power Restored (105th CAA, 2021).
Composition & Appointment
- Multi-member: 1 Chairperson, 1 Vice-Chairperson, 3 members.
- Appointed by the President of India.
- Term/Conditions determined by President.
Key Functions
- Investigate safeguards, inquire complaints.
- Advise on socio-economic development plans.
- Present annual/other reports to President.
- Make recommendations.
Powers
Has powers of a Civil Court (Art 338B(8)).
Role in SEBC Lists
- Central List (Art 342A): President/Parliament, NCBC advises.
- State List (post-105th CAA): States identify own lists.
Consultation
Union & every State Govt must consult NCBC on all major policy matters affecting SEBCs (Art 338B(9)).
| Feature | Detail |
|---|---|
| Constitutional Article | Article 338B (Composition, Functions, Powers), Article 342A (SEBC lists) |
| Evolution | Statutory (1993 Act) -> Constitutional (102nd CAA, 2018) |
| Key Amendment (States' Power) | 105th Constitutional Amendment Act, 2021 (restored states' power to identify SEBCs) |
| Composition | 1 Chairperson, 1 Vice-Chairperson, 3 Members |
| Appointing Authority | President of India |
| Term/Conditions | Determined by President |
| Key Functions | Investigate safeguards, inquire complaints, advise on socio-economic development, annual reports to President, recommendations, consultation on major policy matters (Union & States). |
| Powers | Civil Court powers |
| Lists of SEBCs | Central List (President/Parliament, NCBC advises); State List (States' power restored by 105th CAA). |
Mains-ready Analytical Notes
Major Debates/Discussions
- Impact of Constitutional Status: Debate on whether constitutional status truly enhanced NCBC's effectiveness or if it remains largely advisory.
- Balance of Power (102nd vs. 105th Amendments): Highlights ongoing tension between centralizing powers and protecting federal features in reservation policy.
- 'Creamy Layer' and Sub-categorization: While not direct NCBC purview, these are crucial debates where NCBC advises on ensuring equitable benefit distribution.
- Appointment Procedures: Concerns about political influence affecting independence and impartiality.
Historical/Long-term Trends, Continuity & Changes
- From Executive to Constitutional: Reflects a trend towards institutionalizing and strengthening social justice mechanisms.
- Judicial Influence: SC pronouncements (Indra Sawhney, Maratha quota case) consistently shaped NCBC's legislative framework and powers.
- Federal Dimension: The 102nd and 105th Amendments highlight the critical federal aspect of reservation policy.
- Emphasis on Socio-Economic Development: NCBC's functions extend beyond just reservation to holistic development.
Contemporary Relevance/Significance/Impact
- Affirmative Action: Crucial for implementing affirmative action policies and advancing social justice for SEBCs.
- Reservation Policy Implementation: Direct role in scrutinizing OBC reservation matters.
- Protection against Discrimination: Serves as a forum for grievances and redressal.
- Federalism in Reservation: 105th Amendment is a key example of rebalancing federal powers.
- Policy Formulation: Mandatory consultative role influences inclusive and targeted policies.
Real-world/Data-backed Recent Examples (India)
- 105th Constitutional Amendment Act, 2021: Direct response to Supreme Court's Maratha Quota case (Vikas Kishanrao Gawali v. State of Maharashtra, 2021), restoring states' power to identify SEBCs.
- Sub-categorization of OBCs (Rohini Commission): Ongoing work of Justice G. Rohini Commission (appointed 2017) relevant to NCBC's advisory role.
- Census and Caste Data: Demand for caste census and its implications for reservation policy are ongoing debates involving NCBC.
- NCBC's Examination of Representation: Regular examination of complaints regarding inadequate OBC representation and recommendations.
Current Affairs & Recent Developments
- Continued Implementation of the 105th Constitutional Amendment Act, 2021: States are actively using their restored power, leading to state-specific policy developments. NCBC continues its advisory role to the Union Government regarding the Central List and general policy matters.
- Justice G. Rohini Commission Report (Ongoing): The work of this commission on the sub-categorization of OBCs is a major ongoing development. Its recommendations will likely shape future reservation policy and directly involve the NCBC in their implementation or advisory role.
- Parliamentary Debates on Reservation and Social Justice: Periodical parliamentary discussions on issues related to reservation, EWS quota, sub-categorization, and OBC socio-economic conditions directly involve the principles NCBC works on.
UPSC Previous Year Questions
Prelims MCQs
UPSC Prelims 2014: Which of the statements given below are correct?
- The National Commission for Scheduled Castes (NCSC) is a constitutional body.
- The National Commission for Scheduled Tribes (NCST) is a statutory body.
- The National Commission for Backward Classes (NCBC) is a constitutional body.
Answer: For 2014, (a) 1 only. Explanation: In 2014, NCSC (Art 338) was constitutional. NCST (Art 338A) was constitutional (by 89th CAA 2003), not statutory. NCBC was statutory (by 1993 Act), becoming constitutional in 2018. If asked today, the answer would be (d) 1, 2, and 3.
UPSC Prelims 2021: Which one of the following Constitutional Amendments stated that the President must give his assent to a Constitution Amendment Bill?
- (a) 24th Amendment
- (b) 25th Amendment
- (c) 42nd Amendment
- (d) 44th Amendment
Answer: (a) 24th Amendment
UPSC Prelims 2018: Consider the following statements:
- The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
- The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgment can be made on it.
Answer: (a) 1 only
Mains Questions
UPSC Mains 2021 (GS-II) - Related Concept
"The 101st Constitutional Amendment Act introduced the Goods and Services Tax (GST). Discuss the significance of this amendment in the context of Indian federalism."
Hint: This tests understanding of constitutional amendments and their federal implications, parallel to the 102nd and 105th Amendments for NCBC.
UPSC Mains 2018 (GS-II) - Related Concept
"The Comptroller and Auditor General (CAG) is not merely an auditor but 'the friend, philosopher and guide' of the Public Accounts Committee (PAC)." Discuss the role and significance of the CAG in the Indian democratic system.
Hint: Focuses on another constitutional body; prompts discussion on role, independence, and significance, a common format.
Original MCQs for Prelims
1. Consider the following statements regarding the evolution of the National Commission for Backward Classes (NCBC):
- The NCBC was initially established as a statutory body in pursuance of a Supreme Court directive.
- The 102nd Constitutional Amendment Act, 2018, inserted Article 342A, which specifies the composition of the NCBC.
- The 105th Constitutional Amendment Act, 2021, abolished the power of the Union Government to identify Socially and Educationally Backward Classes (SEBCs).
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 1 and 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Show Answer
Answer: (a) 1 only
Explanation:
Statement 1 is correct. It was established as a statutory body by the NCBC Act, 1993, following the Indra Sawhney judgment.
Statement 2 is incorrect. Article 342A empowers the President to specify SEBCs for the Central List; Article 338B specifies the composition of NCBC.
Statement 3 is incorrect. The 105th Amendment restored states' power to identify their own lists of SEBCs, it did not abolish the Union Government's power to identify SEBCs for the Central List.
2. With reference to the National Commission for Backward Classes (NCBC), which of the following statements is/are correct?
- The NCBC presents its reports to the Prime Minister, who then lays them before Parliament.
- The Union Government and every State Government are mandated to consult the NCBC on all major policy matters affecting SEBCs.
- The NCBC possesses the powers of a civil court for investigating complaints.
Select the correct answer using the code given below:
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Show Answer
Answer: (b) 2 and 3 only
Explanation:
Statement 1 is incorrect. The NCBC presents its reports to the President (Article 338B(7)), who then causes them to be laid before Parliament.
Statement 2 is correct (Article 338B(9)).
Statement 3 is correct (Article 338B(8)).
Original Descriptive Questions for Mains
Question 1 (15 marks, 250 words)
"The journey of the National Commission for Backward Classes from a statutory body to a constitutional entity, further refined by the 105th Amendment, underscores India's evolving approach to social justice and federalism." Discuss this evolution and critically examine the effectiveness of the NCBC in safeguarding the interests of Socially and Educationally Backward Classes.
Question 2 (10 marks, 150 words)
Analyze the significance of the 105th Constitutional Amendment Act, 2021, in defining the powers of the National Commission for Backward Classes (NCBC) and restoring the federal balance regarding the identification of socially and educationally backward classes.