National Commission for Backward Classes (NCBC)

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Why in News?

NCBC is currently reviewing State OBC lists using its powers under the 102nd Constitutional Amendment and has recently recommended exclusion of 35 communities from West Bengal’s Central OBC List for not meeting SEBC criteria.

Description:

About OBCs and the OBC Lists:

Definition:

  • No explicit definition of OBC in the Constitution.
  • Constitution uses Socially and Educationally Backward Classes (SEBCs), understood as OBCs.

Two OBC Lists:

Central ListState List
Determined by President under Article 342A (1) (after consulting the Governor).Only Parliament can modify it.Under Article 342A (3), States/UTs can maintain their own list of SEBCs for state-level benefits.These may differ from the Central List.

NCBC – Background:

  • Created originally by the NCBC Act, 1993 under the Ministry of Social Justice & Empowerment.
  • Became a constitutional body through the 102nd Constitutional Amendment Act, 2018.
  • Amendment inserted:
  • Article 338B – NCBC: Constitutional body for safeguarding SEBC/OBC rights.
  • Article 342A – Governs the Central List of OBCs.
  • Article 366(26C) – Definition of SEBCs

Composition:

  • Chairperson, Vice-Chairperson, three Members.
  • All in rank and pay of Secretary to GoI.
  • Appointed by the President through warrant under his hand and seal.
  • Service conditions also decided by the President.

Functions (Article 338B):

  • Monitor & investigate matters relating to safeguards for SEBCs.
  • Inquire into complaints of rights denial.
  • Advise Union and States on SEBC development.
  • Submit annual/special reports to the President.
  • Recommend corrective measures for SEBC protection and welfare.
  • Perform additional functions prescribed by the President.

Reporting Mechanism: President lays NCBC reports before both Houses of Parliament

Powers:

  • NCBC has civil court powers (summoning, document demand, affidavit evidence).
  • Mandatory consultation: Union and States must consult NCBC on all major policy matters concerning OBC rights.
  • The Commission can regulate its own procedures.

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