Lok Sabha has passed the 123rd Constitutional Amendment Bill, which is aimed at providing the National Commission for Backward Classes (NCBC) with constitutional status on par with the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST). A couple amendments proposed by the Rajya Sabha have been accepted by the government, including one that requires the appointment of a female member in the NCBC and another empowering state governments to create policies for improving the conditions of Other Backward Classes (OBCs). These classes are examined and advised on by the NCBC, a body established under the National Commission for Backward Classes Act, 1993.
Procedure for Constitutional Amendment
According to Article 368, a bill meant to amend the constitution can only be introduced in either House of Parliament, not state legislatures. The bill must gain approval in each House, separately, by special majority. Disagreements between the two Houses do not warrant joint sittings. If the amendment affects the federal provisions of the Constitution, ratification from legislative bodies of half the states by a simple majority must be obtained.
Key Points: The New Article 338 B
This new bill introduces Article 338 B in the Constitution, establishing the National Commission for Backward Classes with a Chairperson, Vice-Chairperson, and three other members, all appointed by the President of India. The President will also determine their terms of service and other conditions. Previously, the National Commission for Scheduled Castes held the power to look into complaints and welfare measures for Scheduled Castes, backward classes and Anglo-Indians. This bill would remove that power from the NCSC.
The Duties of the NCBC
As per the amended bill, the powers and duties granted to the NCBC will include: investigating and monitoring the implementation of constitutional and legal safeguards, investigating complaints about violation of rights, providing advice and recommendations for socio-economic development, and operating with the powers equivalent to that of a civil court. The NCBC will also be required to present annual reports on the working of the safeguards for backward classes to the President.
National Commission for Scheduled Castes
The National Commission for Scheduled Castes (NCSC) is a separate constitutional body established by Article 338 of the Constitution in 2004. The body consists of a chairperson, a vice-chairperson and three other members selected by the President.
Concerns Regarding the Bill
One concern raised in response to the bill affects the authority of states, as it would make Parliament the final authority on inclusion of communities in the OBC list. This means that NCBS’s current authority to provide binding recommendations regarding inclusions and exclusions in the list could be taken away.
A Brief History of OBC Reservations
The first initiative to identify backward classes outside of the Scheduled Castes and Scheduled Tribes at the national level was in 1953 by the Kalelkar Commission. The Mandal Commission report in 1980 estimated the OBC population at 52% and identified 1,257 communities as backward. It suggested increasing existing quotas to include OBC. This recommendation was implemented in government jobs a decade later, which led to major protests. To appease protesters, a 10% quota for “economically backward sections” amongst the forward castes was introduced, but was later dismissed by the Supreme Court in 1993. The court upheld the reservation for OBCs as valid, but restricted upper-earning OBC members from reservation facilities.