Established under the Ministry of Social Justice and Empowerment, the National Commission for Backward Classes (NCBC) became a constitutional body through the 102nd Constitution Amendment Act in 2018. It has been given the responsibility to investigate complaints and implement welfare measures pertaining to socially and educationally backward classes.
The NCBC came into being after two Backward Class Commissions were appointed during the 1950s and the 1970s respectively, led by Kaka Kalelkar and B.P. Mandal. The Supreme Court directed the creation of a permanent body in 1992, which led to the establishment of NCBC in 1993.
Understanding the Term Other Backward Class (OBC) and Inclusion Process
Other Backward Class, or OBC, refers to citizen groups identified as socially and educationally disadvantaged. However, the Supreme Court ruled that a “creamy layer” should be considered while recognizing OBCs, thus excluding individuals who are no longer considered backward. This “creamy layer” refers to those within the OBC category who are now on par socially and economically with other forward classes in the country.
The NCBC examines requests for inclusion in the Central OBC list and constitutes a Bench to review proposals, passing its decision to the Union government, who approves the additions and brings legislation to effect the change.
Constitutional Provisions
According to Article 15(4) of the Constitution, the State can initiate special provisions for the advancement of any socially and educationally backward class i.e., the OBC. These provisions include reservations in educational institutions, financial assistance, scholarships, and housing provisions. Additionally, under Article 16(4), the state has the authority to enact laws for the reservation of appointments or posts in favor of OBCs.
Achievements of the Union Government
Since 2014, 16 communities have been added to the Central OBC list in several states by the Union Government. In an acknowledgment of State rights, the 105th Amendment to the Constitution was passed, allowing States to maintain their own OBC lists. This saved 671 State OBC communities from losing their benefits.
About NCBC’s Constitutional Status and Structure
The 102nd Constitution Amendment Act granted constitutional status to the NCBC in 2018. The Commission consists of a Chairperson, Vice-Chairperson, and three other Members appointed by the President. The conditions of service and the tenure of office of all members are determined by the President.
Noteworthy Developments
In a significant development, the NCBC is processing the request for the approval of about 80 more castes in six States – Maharashtra, Telangana, Andhra Pradesh, Himachal Pradesh, Punjab, and Haryana – for inclusion in the OBC list.