Lok Sabha has passed Constitution 123rd Amendment Bill, 2017 which seeks to give constitutional status to National Commission for Backward Classes.
Objectives of the Bill
1. It seeks to insert a new article 338B in the constitution which provides for NCBC, its composition, mandate, functions and various officers.
2. Insert a new article 342-A which empowers the president to notify the list of socially and educationally backward classes of that state / union territory. In case of a state, president will make such notification after consultation with the Governor.
Under the same article, it is proposed that parliament by making a law can include or exclude the classes from the central list of backward classes.
The government had created a Commission for the Scheduled Castes and Scheduled Tribes. It was given constitutional status by passing Constitution (65th amendment) Act, 1990, leading to creation of separate National Commission of Scheduled Castes and Scheduled Tribes (NCSCST) in 1992 via the Constitution (89th Amendment) Act, 2003. The NCSCST was split into two different commissions viz. NCSC and NCST by inserting Article 338-A.
Where did the complaints of backward classes go earlier?
National Commission for Scheduled Castes (NCSC) was mandated to look into the grievances and complaints of backward classes also.
What is the need for NCBC as a constitutional body?
In 1992, the Supreme Court in Indra Sawhney case had directed the government to create a permanent body to entertain, examine and recommend the inclusion and exclusion of various Backward Classes for the purpose of benefits and protection.
After this parliament had passed National Commission for Backward Classes Act in 1993 and constituted the National Commission for Backward Classes as a statutory body.
Currently, this body is responsible to look into the inclusion and exclusion of backward classes only. To safeguard the interests of these classes more effectively, there was a need to give constitutional status to NCBC.