National Commission for Backward Classes (Article 338B)

At a Glance

• What it is Constitutional body for socially and educationally backward classes
• Article Article 338B (inserted by the 102nd Amendment, 2018)
• Earlier status Statutory body of 1993
• Members Chairperson, Vice-Chairperson and three other members
• Exam link UPSC Prelims, Polity: Constitutional Bodies

Where Does It Fit?

This is the eighth topic of the category on Constitutional Bodies. The National Commission for Backward Classes was set up in 1993 as a statutory body after the Mandal case, and the 102nd Amendment Act of 2018 gave it constitutional status by inserting Article 338B.

Establishment and Constitutional Status

In the Mandal case (Indra Sawhney v. Union of India, 1992), the Supreme Court directed the central government to constitute a permanent statutory body to examine complaints of under-inclusion, over-inclusion or non-inclusion of any class of citizens in the list of backward classes. Accordingly, the National Commission for Backward Classes was set up in 1993 under the National Commission for Backward Classes Act, 1993. The 102nd Amendment Act of 2018 conferred constitutional status by inserting Article 338B, and the National Commission for Backward Classes (Repeal) Act, 2018 repealed the 1993 Act. The Commission ceased to be a statutory body and became a constitutional body, with its constitutional status at par with the commissions for SCs and STs. The scope of its functions was enlarged to safeguard the socially and educationally backward classes more effectively. The same amendment inserted Article 342A, enabling the President to specify the socially and educationally backward classes.

Composition and Tenure

The Commission consists of a chairperson, a vice-chairperson and three other members appointed by the President by warrant under his hand and seal. Their conditions of service and tenure are determined by the President. Under the National Commission for Backward Classes Chairperson, Vice-Chairperson and Members (Conditions of Service and Tenure) Rules, 2018, they hold office for three years and are not eligible for appointment for more than two terms.

Functions

1. To investigate and monitor all matters relating to the constitutional and other legal safeguards for the socially and educationally backward classes and evaluate their work.
2. To inquire into specific complaints with respect to the deprivation of rights and safeguards of these classes.
3. To participate and advise on the socio-economic development of these classes and evaluate their progress under the Union or a state.
4. To present to the President, annually and at other times, reports upon the working of those safeguards.
5. To recommend measures to be taken by the Union or a state for effective implementation of those safeguards and for their protection, welfare and socio-economic development.
6. To discharge other functions in relation to their protection, welfare, development and advancement as the President may specify.

Reports and Powers

The Commission presents an annual report to the President and may submit others when it thinks necessary. The President places reports before Parliament with a memorandum on action taken and reasons for non-acceptance. A report relating to a state government is forwarded by the President to the state government, not the Governor (clause 7 of Article 338B), and the state government places it before the state legislature with a similar memorandum. The Commission regulates its own procedure and has all the powers of a civil court trying a suit while investigating or inquiring: summoning and examining persons on oath, requiring discovery and production of documents, receiving evidence on affidavits, requisitioning public records, issuing summons for witnesses and documents, and any other matter the President may determine.

Consultation on Policy and the 105th Amendment

The Central and state governments are required to consult the Commission on all major policy matters affecting the socially and educationally backward classes. However, the 105th Amendment Act of 2021 exempted the state governments from this consultation with respect to preparation and maintenance of the list of socially and educationally backward classes for their own purposes.

Why Is This Topic Important?

• Recent amendments 102nd and 105th Amendments are important
• Mandal case link Origin of the statutory body
• Comparison Three commissions side by side

What Came Next?

The next topic covers the Special Officer for Linguistic Minorities under Article 350B.

Key People and Terms

• Article 338B Commission for backward classes
• Indra Sawhney Mandal case of 1992
• Article 342A Presidential list of backward classes
• 105th Amendment State lists exempted from consultation
• Repeal Act 2018 Ended the 1993 Act

Exam Corner

Mains Angle

Questions on this topic usually ask about the shift to constitutional status. Use these points to add depth.

• Mandal origin Under- and over-inclusion complaints
• Constitutional parity Equal to the SC and ST commissions
• Article 342A Central list
• Federal angle 105th Amendment and state lists