Importance of National Commission for Backward Classes in India’s Social Justice

The National Commission for Backward Classes (NCBC) marked 25 years of its functioning in 2023 having been established via the National Commission for Backward Classes Act, 1993. As the expert statutory body advising the Centre on concerns of communities recognized as ‘backward’ constitutionally, the NCBC has played a pivotal role over the years. However, its long journey has also come under criticism for inadequacies on certain aspects of its constitution and performance.

Background

• NCBC was set up under the Ministry of Social Justice and Empowerment on 2nd April, 1993 under provisions of the NCBC Act 1993 passed by Parliament.
• It serves as the sole authority recommending backward class status for communities, advising central and state governments on related policy matters and monitoring safeguards for backward classes regarding education, employment etc.

Composition

• Originally constituted with 5 members, the NCBC Act was amended in 2018 to expand it to include 7 members including:

• • Chairperson – Special knowledge/practical experience regarding advancement of backward classes
  • Vice Chairperson – ditto
  • Three Expert Members – Specific qualifications like anthropology, sociology, human genetics
  • Member Secretary

• All members are nominated by the central government led by the President of India

Major Functions

• Evaluate requests & examine evidence to determine if communities qualify as backward classes
• Conduct investigative studies, field visits into grievances around deprivation to make recommendations
• Suggest necessary statutory corrections if backward class safeguards face encroachment in any sphere
• Coordinate with state governments & commissions to align policies for social inclusion of marginalized groups
• Submit annual reports to the President on working of constitutional safeguards for backward classes

Key Recommendations Over 25 Years

• Based on its studies, the Commission has put forth extensive recommendations on policies and law around:

• • Reservation quotas for OBCs in central government jobs and educational institutes
  • Inclusion of converted Scheduled Castes in existing quota arrangements
  • Allocations for welfare hostels for OBC girl students
  • Formation of an unequal opportunity commission to replace the NCBC
  • Sub-categorization of OBCs to ensure equitable benefit distribution
  • Curbing the misuse of caste certificates obtained on false pretences
  • Restoration of no-detention policy in schools to prevent OBC student dropouts

Legislations Impelled by NCBC

• Central Educational Institutions Reservation in Teachers’ Cadre Ordinance 2019 – seeks to provide 10% reservation for economically weaker sections not already benefitting from existing quotas.
• The Constitution 105th Amendment Act 2019 – enshrined 10% EWS quota in the Constitution extending reservations beyond existing limit of 50%
• Both the above came about on NCBC recommendations

Impact over the Years

Social Empowerment Outcomes

• Over 300 communities provided backward class status after evaluation by NCBC thereby including them in existing benefits & opportunities pool
• Safeguard erosion prevented for backward sections across jobs, admissions, legislatures following NCBC advice
• Its evaluations around educational access inequities for marginalized groups fed into enhanced scholarships and fellowships by Centre resulting in trickle down effect to many.

Shortcomings & Future Improvements

Delays in Appointments

• Commission has faced pendency in appointments causing huge delays in grievance reviews – for instance over 3 years taken in 2018 to appoint chairperson
• This hampers continuity affecting timely evaluation on sensitive topics like reservation policy, emerging inequities etc.

Lack of Independent Powers

• NCBC lacks enforcement authority with governments not legally bound to accept its recommendations – for example the key advice to form a permanent dedicated backward classes commission still remains unimplemented.
• Granting it constitutional status on par with SCs and STs commissions instead of just statutory authority has been a long standing demand. This will bolster its position and binding value of its guidance requiring mandatory government action.

Diversified Regional Representation

• Conventionally the commission membership has aligned with the Hindi heartland not capturing the concerns of marginalized castes and tribes of southern, north eastern states adequately.
• It needs greater diversity and inclusion of state backward class commissions members from unrepresented regions for balanced understanding of issues.

Key Facts

While being the nodal non-constitutional body responsible for upliftment of around 50% of India’s population from thousands of backward castes, the NCBC has miles to go to realize its full potential towards achieving substantive social justice. Its own evolution into a more empowered, regionally inclusive and constitutionally recognized body in line with multiple recommendations over the years remains pending.