Constitutional Status to NCBC under 102nd CAA, 2018
National Commission for Backward Classes
Before
Now
Present NCBC can only recommend inclusion or exclusion of castes in the OBCs list and the cutoff limits for the ‘Creamy-layer’ within OBCs.
As of now, all the complaints and grievances related to OBCs — they have to approach NCSC or NCST
Now the members of SEBC (Socially and Educationally Backward Class) can approach the NCBC directly incase of any grievances or complaints.
NCBC can now inquire into complaints of deprivation of rights and safeguards.
NCBC also gets the powers of a civil court — trying a suit, summon powers and any document to be produced before.
This move will take away the powers from the states to add or remove communities to the backward class for the purpose of reservation — political stunts!
123rd Constitutional Amendment Bill, 2018 — Article 338 B
Constitutional status for the Backward class panel
The politically volatile issue of reservation for Gujjars in Rajasthan in the Special Backward Class (SBC) category has become complicated with the Centre likely to give constitutional status to the National Commission for Backward Classes (NCBC).
What will be the impact of this move?
This move will take away the powers from the states to add or remove communities to the backward class for the purpose of reservation — a tool used by the regional parties to lure voters just before the state elections.
The State governments will the only be left with the power to make a recommendation in this regard.
National Commission for Socially and Educationally Backward Classes (NSEBC)
It will replace the exiting National Commission for Backwards Classes (NCBC), created in response to the Supreme court ruling of 1992 — it examines and recommends the requests for inclusion and exclusion in th list of OBCs.
NSEBC as a constitutional body will be made my making an amendment in the constitution, mainly by inserting the Article 338B — Amendment will need a two-third approval from both the houses and subsequent ratification by 50% of the state assemblies.
Now it will be mandatory for the President to appoint the commission in place similar to the SC and ST commission, earlier it was not obligatory for the president, “The President may appoint…”
Like NCBC, the new body too will comprise of a chairperson, vice-chairperson and three other members
The demand for giving it a constitutional authority has been pending for years.
NCBC did not have the powers to hear claims from OBC members like the SC/ST commission did, and in that sense, a constitutional authority will ensure it has more power.
The commission has powers to examine request for inclusion of any community in the list of backward classes and hear complaints for over-inclusion or under-inclusion, following which it advises the Union Government
The new body will be similar to the
National Commission for SC under Article 338 — 1990
National Commission for ST under Article 338A — 2003
