National Commission for Backward Classes (NCBC) 

Constitutional Status

• NCBC is a constitutional body under Article 338-B, inserted via the 102nd Constitutional Amendment Act, 2018.
• Headquarters: New Delhi.
• Purpose: To safeguard the rights and promote the welfare of socially and educationally backward classes (SEBCs), excluding SCs and STs.
  

About Backward Classes (BCs)

• No uniform or explicit definition in the Constitution.
• As per Ministry of Social Justice: BCs are those classes other than SCs and STs specified by the Central Government.
• No Census Data on OBCs in 2011 (except SECC 2011, which was not made public in entirety).
  

Evolution of NCBC

Phase	Development
1992	Indra Sawhney (Mandal Case): SC directed GoI to establish a permanent body to examine inclusion/exclusion from BC list.
1993	Parliament enacted NCBC Act, 1993 to establish NCBC as a statutory body under Ministry of Social Justice.
2018 (102nd CAA)	Gave constitutional status to NCBC; introduced Articles 338-B and 342-A; widened functions and powers.

Composition & Tenure

• Members: Chairperson, Vice-Chairperson, 3 Members
• Appointed by: President of India
• Tenure:
  • Term: 3 years
  • Limit: Not more than two terms
• Service Conditions: As decided by the President (as per 2004 Rules)
  

Constitutional Provisions

Article	Provision
Art. 338-B	Establishes NCBC and defines its functions and powers
Art. 342-A	President to specify SEBCs for each state/UT (consulting the Governor); Parliament’s law needed for any change
Art. 340	Empowers the President to appoint a Commission to examine SEBC conditions
Art. 366	Definition of “socially and educationally backward classes” included post-102nd Amendment

Functions of NCBC

1. Investigate and monitor implementation of safeguards for SEBCs.
2. Inquire into complaints regarding deprivation of rights.
3. Advise and evaluate development policies and welfare programs.
4. Submit annual or special reports to the President.
5. Recommend policy measures for SEBC welfare and advancement.
6. Discharge additional functions as specified by the President.
   

Powers of the NCBC

• Quasi-judicial powers similar to a Civil Court, including:
  • Summon and examine persons on oath.
  • Require production of documents.
  • Receive evidence on affidavits.
  • Requisition public records from courts/offices.
  • Issue summons for documents/witnesses.
• Regulates its own procedure
• Mandatory consultation by Centre and States for policy matters (except State lists post-105th Amendment)
  

105th Constitutional Amendment Act, 2021

Restored powers to States:

• • States can prepare and maintain their own SEBC lists independently.
  • No mandatory consultation with NCBC needed by States.
  • Central list still governed by Article 342-A and NCBC.
    

Reporting Mechanism

• • Annual/special reports to President.

President:

• • Tables report before Parliament with Action Taken Report (ATR)
  • Sends State-related reports to State Governors
• Governors:
  • Present reports to State Legislature with ATR and reasons for rejection (if any).
    

Statutory and Institutional Support

1. NCBC Act, 1993 (now redundant but historically significant)
2. NBCFDC (National Backward Classes Finance & Development Corporation):
   • Provides loans, training, and support for entrepreneurship, education, and self-employment for OBCs.
     

Significance of NCBC

• Acts as the guardian of SEBC rights, ensuring their inclusion in development.
• Helps balance affirmative action, especially in education and jobs.
• Facilitates evidence-based recommendations to address socio-economic disparities.
• Promotes social justice and inclusive growth, aligned with the Directive Principles.

Conclusion

The National Commission for Backward Classes (NCBC) plays a central role in India’s journey toward social justice and equity. By investigating grievances, evaluating policies, and advising the government, it ensures that backward classes are not left behind in the nation’s developmental process. With evolving constitutional status and changing political landscapes, NCBC remains a vital tool for delivering inclusive governance.