National Commission for Backward Classes (NCBC)

This commission was created under the National Commission for Backward Classes Act, 1993 in the aftermath of Mandal Case (1992) judgement. The Supreme in this case had directed the Central Government to set a permanent statutory body to look into complaints of under-inclusion, over-inclusion or non-inclusion of any class of citizens in the list of backward classes. Backward class is such as class of citizens, other than SC /ST which is included in the list prepared by Central Government for reservations in appointments in government jobs and admissions into government institutions.

Composition

NCBC is made of a chairman, a social scientist, two persons having special knowledge in matters of backward classes and a member secretary. The chairperson of NCBC must have been a Supreme Court or High Court Judge.  Appointment, Removal and decision regarding salaries, allowances etc. are done by the Central Government. Appointment of members including chairperson is done for three years.

Functions & Powers of the Commission

The key function of the NCBC is to examine the request for inclusion of castes into backward classes and hear the complaints of over/under inclusion. The advice of the commission is generally binding upon central government. Further, every 10 years, the central government undertakes revision of the lists and while doing so it needs to consult this commission. The commission has powers of a civil court in the below matters:

• summoning and enforcing the attendance of any person from any part of India and examining him on oath
• requiring the discovery and production of any document
• receiving evidence on affidavits
• requisitioning any public record from any court or office
• issuing summons for the examination of witnesses and documents and
• any other matter which may be prescribed by the Central Government.

Report of the Commission

The Commission presents an annual report to the Central Government. The report contains the full account of its activities during the previous year. The Central Government places the report before each House of Parliament, along with a memorandum explaining the action taken on the advice tendered by the Commission. The memorandum should also contain the reasons for the non-acceptance of any such advice.