Part XVI: Special Provisions for Certain Classes

Article 338B: National Commission for Backward Classes

Original Article:

(1) There shall be a Commission for the socially and educationally backward classes to be known as the National Commission for Backward Classes.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.

(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.

(4) The Commission shall have the power to regulate its own procedure.

(5) It shall be the duty of the Commission—

• (a) To investigate and monitor all matters relating to the safeguards provided for the socially and educationally backward classes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
• (b) To inquire into specific complaints with respect to the deprivation of rights and safeguards of the socially and educationally backward classes;
• (c) To participate and advise on the planning process of socio-economic development of the socially and educationally backward classes and to evaluate the progress of their development under the Union and any State;
• (d) To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
• (e) To make in such reports the recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the socially and educationally backward classes; and
• (f) To discharge such other functions in relation to the protection, welfare and development and advancement of the socially and educationally backward classes as the President may, subject to the provisions of any law made by Parliament, by rule specify.

Explanations:

Article 338B of the Indian Constitution establishes the National Commission for Backward Classes (NCBC), introduced by the Constitution (One Hundred and Second Amendment) Act, 2018. The NCBC safeguards the rights and welfare of socially and educationally backward classes across India, ensuring their socio-economic upliftment.

Clause-by-Clause Explanation:

Clause (1): Establishment of the Commission

This clause establishes the National Commission for Backward Classes (NCBC), emphasizing its role in protecting the rights and welfare of socially and educationally backward classes.

Clause (2): Composition and Tenure

The NCBC consists of a Chairperson, Vice-Chairperson, and three other Members. Their service conditions and tenure are determined by the President, ensuring a structured leadership.

Clause (5): Duties of the Commission

The Commission is tasked with investigating safeguards, addressing complaints, advising on socio-economic planning, and reporting to the President. It also recommends measures for the welfare and development of backward classes.

Amendments:

The Constitution (One Hundred and Second Amendment) Act, 2018, effective from 15-8-2018, introduced Article 338B to establish the NCBC, enhancing focus on the welfare of socially and educationally backward classes.

The Constitution (One Hundred and Fifth Amendment) Act, 2021, effective from 15-9-2021, refined its operational scope, particularly in consultation processes.

Real-Life Examples:

The NCBC has been pivotal in securing reservations for backward classes in education and employment, advocating for inclusive policies that promote socio-economic development.