The National Commission for Backward Classes (NCBC) is under the Ministry of Social Justice and Empowerment and was founded on August 14, 1993. The term "backward class" is a collective term used by the government of India to refer to castes that are economically and socially backward and may or may not experience birth-based discrimination. The National Commission for Backward Classes (NCBC) now has constitutional status as per the 102nd Constitutional Amendment Act of 2018 (123rd Constitutional Amendment Bill, 2017). This Commission was set up with the objective of evaluating the conditions and challenges faced by the socially and educationally disadvantaged and providing suitable suggestions.

The National Commission for Backward Classes (NCBC) is an important part of the UPSC General studies syllabus which is being discussed in this article.

Background

• The Supreme Court ordered the government to establish a permanent commission to consider, examine, and recommend the inclusion and exclusion of various Backward Classes for the purposes of benefits and protection in the Indra Sawhney case of 1992.
• The National Commission for Backward Classes Act of 1993 was passed in response to these directives, and the NCBC was established.
• Parliament also enacted a bill repealing the National Commission for Backward Classes Act of 1993, making the 1993 act obsolete after the bill was passed.
• The bill was signed into law by the President in August 2018 and gave NCBC constitutional legitimacy.

Constitutional Provisions

• Article 340 addresses the necessity to identify "socially and educationally backward classes," understand their circumstances and provide recommendations to alleviate the challenges they experience, among other things.
• The 102nd Constitution Amendment Act added new Articles 338 B and 342 A to the Constitution.
• NCBC has the jurisdiction under Article 338B to investigate complaints and welfare measures involving socially and educationally disadvantaged people.
• Article 342 A gives the authority to the President to designate socially and educationally disadvantaged groups in various states and union territories. He can do so in conjunction with the governor of the state in question.
• If the list of backward classes is to be changed, however, a bill adopted by Parliament will be required.

Structure of NCBC

• The Commission is made up of five members: a Chairperson, Vice-Chairperson, and three other members nominated by the President through a warrant signed by him and sealed.
• The President determines the service conditions and terms of office.

Powers and Functions of NCBC

• The commission investigates and monitors all matters relevant to the safeguards given for the socially and educationally disadvantaged under the Constitution or any other law, in order to assess how well they are operating.
• It takes part in and advises on the socio-economic development of socially and educationally disadvantaged groups, as well as assessing their progress under the Union and any state.
• The commission presents an annual report to the president. It can also submit a report as and when it thinks necessary.
• NCBC must perform any other tasks related to the protection, welfare, development, and progress of the socially and educationally disadvantaged that the President may designate by regulation, subject to the rules of any law passed by Parliament.
• While hearing a case, it has all of the powers of a civil court.

Significance of NCBC

• In addition to reservations, the new act recognizes that Backward Classes require development. The act includes provisions for the development of Socially and Educationally Backward Classes as well as the role of the new NCBC in the development process.
• The new NCBC has been tasked with redressing backward-class grievances.
• Article 342(A) promotes additional openness by requiring Parliament's approval before adding or removing any community from the backward list.
• It necessitates holistic growth and advancement of each group towards equality in all aspects of development and welfare, in addition to list-inclusion and reservation.

Criticisms

• The new National Commission for Backward Classes is thought to be unlikely to produce a credible and effective social justice infrastructure.
• The government is not bound by the NCBC's recommendations.
• It cannot handle the current dilemma of demands from diverse castes to be classified as Backward Classes because it has no responsibility to define backwardness.
• The Supreme Court-mandated features of an expert body are not included in the new NCBC's composition.
• As recent data shows an unbalanced representation of SC/ST and OBC groups, mere constitutional status and further acts will not alleviate the problem at the grassroots level.
• The SC mandate on periodic updating of the backward class list in cooperation with the NCBC is not addressed under Article 338B (5).

Way Forward

• As required by the SC, the composition shall represent the characteristics of an expert body.
• The government must make the findings of the caste census and the commission's recommendations available to the public.
• The gender sensitivity and representation of stakeholders should be reflected in the composition of the commission.
• Only the truly backward elements of society should benefit from the reservation, therefore vote bank politics should give way to value-based politics.

Conclusion

The NCBC was established as a remedy for citizens who were socially and educationally disadvantaged. The commission was established in order to ensure equality and peace among Indian nationals. Greater transparency or, to put it another way, more rights were developed for the backward class citizens when the act was made a constitutional status.

FAQs

MCQs

1. The National Commission for Backward Classes (NCBC) was established under which article of the Indian Constitution?

A) Article 338
B) Article 338A
C) Article 338B
D) Article 340

2. Which of the following powers does the NCBC possess?

A) Legislative powers
B) Executive powers
C) Advisory powers
D) Judicial powers

3. Which of the following is NOT a function of the NCBC?

A) Investigation of complaints related to the backward classes list
B) Formulating laws for affirmative action
C) Recommending measures for the development of backward classes
D) Reviewing the implementation of policies related to backward classes

4. The NCBC is primarily concerned with which of the following groups?

A) Scheduled Castes (SCs)
B) Scheduled Tribes (STs)
C) Other Backward Classes (OBCs)
D) Minorities

5. What is one major limitation of the NCBC’s role?

A) It cannot make recommendations
B) Its recommendations are binding on the government
C) It cannot review the implementation of policies
D) Its role is advisory, and recommendations are not binding unless accepted by the government

GS Mains Questions and Model Answers

Q1: Examine the role of the National Commission for Backward Classes (NCBC) in promoting social justice in India.

Answer: The NCBC plays a crucial role in promoting social justice by advising the government on the inclusion of communities in the list of backward classes and recommending measures to enhance their social and economic welfare. The Commission's efforts contribute to reducing inequality and ensuring that backward classes receive the benefits of affirmative action, including reservations in education, employment, and political representation. By addressing grievances and examining the efficacy of policies, the NCBC ensures that the benefits reach the deserving communities.

Q2: How does the role of the NCBC in identifying backward classes impact the policy of affirmative action in India?

Answer: The NCBC significantly impacts affirmative action policies by identifying the communities that require special attention and benefits under the constitutional provisions. Through its advisory role, the NCBC ensures that the backward classes receive a fair share of resources, opportunities, and representation, contributing to the overall goal of inclusive development. By conducting regular reviews, the NCBC helps ensure that the affirmative action policies are effective and relevant to changing socio-economic conditions.

Q3: Discuss the challenges faced by the NCBC in ensuring equitable development of backward classes in India.

Answer: One of the key challenges faced by the NCBC is the identification of backward classes, as the criteria for determining backwardness are subjective and complex. Additionally, there is a challenge in ensuring that the benefits of affirmative action reach the most deserving individuals within backward communities. Political and social resistance to reservations, insufficient implementation of policies, and the lack of adequate data to assess the effectiveness of programs also pose significant challenges. Despite these obstacles, the NCBC's role remains critical in promoting justice and fairness for marginalized communities.

Previous Year Questions on National Commission for Backward classes 

1. UPSC CSE Prelims 2021:

Question: Which of the following is a function of the National Commission for Backward Classes?

A) Issuing executive orders
B) Recommending measures for the welfare of backward classes
C) Formulating laws for affirmative action
D) Granting reservations

Answer: (B)

Explanation: The NCBC recommends measures for the welfare of backward classes but does not have the authority to issue executive orders or grant reservations.

2. UPSC CSE Mains 2019 (GS Paper 2):

Question: What role does the National Commission for Backward Classes play in India's affirmative action framework?

Answer: The NCBC plays an integral role in India's affirmative action framework by advising the government on which communities should be classified as backward. It ensures that these communities are able to access reserved seats in educational institutions, government jobs, and other opportunities. By continuously reviewing the status of backward classes, the NCBC contributes to the ongoing evolution of policies aimed at achieving social justice and reducing inequality.