Isabella Carter
The 123rd Constitutional Amendment Bill, also known as the Constitution Amendment Act of 2018, was passed by the Lok Sabha and the Rajya Sabha to grant constitutional status to the National Commission for Backward Classes (NCBC). The bill was introduced in the Lok Sabha on the 5th of April 2017, by the Minister of Social Justice and Empowerment, and aimed to grant the NCBC a status on par with the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST). The NCBC is a government body that works towards the upliftment of socially and educationally disadvantaged people, classified as the backward classes of India.
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What You'll Learn
The National Commission for Backward Classes (NCBC)
The NCBC consists of five members, including a Chairperson, Vice-Chairperson, and three other Members. These members are appointed by the President of India, who also decides their tenure and terms of service. The NCBC has the authority to examine complaints and welfare measures regarding socially and educationally backward classes. It is headquartered in Delhi and was established on 14 August 1993 under the NCBC Act of 1993.
The NCBC is an important constitutional body of India that investigates the conditions and difficulties of the socially and educationally backward classes. It makes recommendations to address the challenges faced by these classes. The NCBC has proposed that a person belonging to the OBC caste with an annual family income of up to ₹15 lakhs should be considered the minimum ceiling for OBC. It has also recommended that the OBC be subdivided into 'backward', 'more backward', and 'extremely backward' blocs to ensure stronger OBCs do not take all the quota benefits.
The 123rd Constitutional Amendment Bill, also known as the Constitution Amendment Act of 2018, was passed by the Lok Sabha and the Rajya Sabha to grant constitutional status to the NCBC. This bill aimed to empower people from the backward classes and bring the NCBC on par with the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes.
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The President's powers
The 123rd Constitutional Amendment Bill, also known as the Constitution Amendment Act of 2018, was passed by the Lok Sabha and the Rajya Sabha to grant constitutional status to the National Commission for Backward Classes (NCBC). The Bill grants the President of India the power to run and manage the NCBC. The President's powers under the 123rd Constitutional Amendment Bill include:
- The power to appoint all five members of the NCBC, including one woman member.
- Deciding the tenure and terms of service of the members through an extensive set of rules.
- Specifying the socially and educationally backward classes in the various states and union territories, in consultation with the Governor of the concerned state.
- Investigating and monitoring the implementation of safeguards provided to the backward classes under the Constitution and other laws.
- Receiving evidence and inquiring into specific complaints regarding violations of rights.
- Advising and making recommendations on the socio-economic development of backward classes.
- Summoning any person, asking for documents or public records, and receiving evidence on affidavits during inquiries.
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The NCBC's investigative powers
The 123rd Constitutional Amendment Bill, also known as the Constitution Amendment Act of 2018, was passed by the Lok Sabha and the Rajya Sabha to grant constitutional status to the National Commission for Backward Classes (NCBC). The NCBC is a government body that deals with matters concerning the socially and educationally disadvantaged, or backward classes, of India.
The NCBC has the authority to investigate complaints and monitor the implementation of policies and programs related to backward classes. This investigatory power enables the NCBC to identify issues and recommend corrective measures. The NCBC's independence and ability to effectively investigate complaints, however, can be challenged by political interference and resource constraints.
The NCBC plays a crucial role in recommending measures for the development and advancement of backward classes. It can influence policy decisions and shape the direction of initiatives aimed at uplifting backward communities. The NCBC also has the power to provide legal support to backward classes facing discrimination or denial of their rights.
The NCBC periodically reviews the lists of backward classes to ensure their relevance and reflect the changing socio-economic landscape. This allows the NCBC to adapt the classification of backward communities based on current needs and conditions. The NCBC monitors the implementation of government policies and programs aimed at promoting the welfare of backward classes and evaluates the progress of their development.
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The NCSC's role
The 123rd Constitutional Amendment Bill, also known as the Constitution Amendment Act of 2018, was passed by the Lok Sabha and the Rajya Sabha to grant constitutional status to the National Commission for Backward Classes (NCBC). The NCBC is a government body that deals with matters concerning the backward classes and works towards their upliftment.
The NCSC, or the National Commission for Scheduled Castes, is a constitutional body established by Article 338 of the Constitution. The 123rd Amendment Bill sought to remove the power of the NCSC to examine matters related to backward classes and transfer this authority to the NCBC. The NCBC would thus be granted powers equivalent to that of a civil court, including the ability to summon individuals, request documents or public records, and receive evidence on affidavits.
The NCSC is composed of a chairperson, a vice-chairperson, and three other members, all appointed by the President of India. Similarly, the NCBC will consist of five members appointed by the President, including one woman member, and their tenure and conditions of service will be decided by the President as well.
The central and state governments are required to consult with the NCBC on all major policy matters affecting the socially and educationally backward classes. The NCBC has the power to examine complaints regarding the inclusion or exclusion of groups within the list of backward classes and advise the government accordingly. Additionally, the NCBC can investigate and monitor the implementation of safeguards provided to the backward classes, inquire into specific complaints of rights violations, and make recommendations on their socio-economic development.
In summary, the 123rd Constitutional Amendment Bill sought to empower the NCBC by granting it constitutional status and transferring certain powers from the NCSC. The NCBC gained authority over matters related to backward classes, with increased investigative and advisory roles, and became the primary body that central and state governments consult on policies impacting these classes.
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The NCBC's membership
The 123rd Constitutional Amendment Bill, 2017, also known as the Constitution Amendment Act of 2018, was passed by the Lok Sabha and the Rajya Sabha to grant constitutional status to the National Commission for Backward Classes (NCBC). The NCBC is a government body that works towards the upliftment of backward classes. The NCBC shall consist of five members, including one woman, appointed by the President of India by warrant under his hand and seal. The President holds the power to decide the tenure of these members and their terms of service.
Article 338B, inserted by the 102nd Constitution Amendment Act, provides the NCBC with the authority to examine complaints and welfare measures regarding socially and educationally backward classes. The President may specify these backward classes in the various states and union territories, in consultation with the Governor of the concerned state. However, a law enacted by Parliament is required to amend the list of backward classes.
The NCBC has the power to investigate and monitor the implementation of safeguards provided to the backward classes under the Constitution and other laws. It can inquire into specific complaints regarding rights violations and advise and make recommendations on the socio-economic development of such classes. The amended Bill grants the Commission powers equivalent to that of a civil court, including the ability to summon individuals, request documents or public records, and receive evidence on affidavits.
The Bill seeks to remove the power of the National Commission for Scheduled Castes (NCSC) to examine matters related to backward classes. Previously, the NCSC had the authority to look into complaints and welfare measures regarding Scheduled Castes, backward classes, and Anglo-Indians.
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Frequently asked questions
The 123rd Constitutional Amendment Bill, also known as the Constitution Amendment Act of 2018, was a bill passed by the Lok Sabha and the Rajya Sabha to grant constitutional status to the National Commission for Backward Classes (NCBC).
The purpose of the bill was to grant constitutional status to the NCBC, putting them on par with the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST). The NCBC works to uplift the backward classes.
Under the bill, the NCBC has the power to examine complaints and advise the central government regarding the inclusion or exclusion of groups within the list of backward classes. The NCBC also has powers equivalent to that of a civil court, including summoning individuals, requesting documents or public records, and receiving evidence.
The NCBC comprises five members, including one woman, appointed by the President of India. The President also decides their tenure and terms of service.
