Backward Classes

The 123rd Amendment Bill, 2017 and the 102nd Constitutional Amendment Act, 2018 was introduced as Article 338b into the Indian Constitution. It acknowledges the NCBC (National Commission for Backward Classes) as a constitutional body. In 2018, the 102nd Constitutional Amendment Act was enacted by two-thirds majority. In 1993, the NCBC Act was passed. In January 1953, the Kaka Kalelkar Panel was appointed as the first backward class commission. However, the panel’s approach in defining the criteria for designating or describing the backward classes did not satisfy the central government.

What are Backward Classes?

The backward classes are not defined under the Indian Constitution, but they refer to economically and academically underprivileged individuals compared to other social groups.

Backward Classes Characteristics

Backward classes face a variety of limitations, disgrace, and disadvantages in society, including social and economic issues, poverty, illiteracy, poor status, and so on, which they are forced to inherit as a result of being born into inferior tribes or castes. However, the other members of society do not recognize them because of their lower social position, and the Indian Constitution does not describe or define the backward classes.

What is the National Commission for Backward Classes?

The National Commission for Backward Classes is now a constitutional body under the Ministry of Social Justice & Empowerment. In 1993, the NCBC was established. The NCBC has the right to monitor complaints and welfare measures involving socially and educationally disadvantaged people. 

Structure of NCBC

The commission composes five members: 

• Chairperson
• Vice-Chairperson
• Three additional representatives nominated by the President with a warrant signed by them and sealed

The President determines the Vice- Chairperson, Chairperson’s, and other Members’ service conditions and terms of office.

How was NCBC formed?

• In the 1950s Kaka Kalelkar & in 1980, B.P. Mandal appointed two Backward Class Commissions
• The 1993 National Commission for Backward Classes Act was passed as a response to the directives, and it was established
• The Supreme Court requested the government for establishing a permanent committee to analyse, review, and propose the exclusion and inclusion of distinct BC for privileges and security in the 1992 Indra Sawhney case
• Parliament enacted the 2017’s 123rd Constitution Amendment Bill to better protect and offer a constitutional status
• Parliament made a bill for the NCBC Statute, enabling 1993 to operate out of date once the law was passed
• In 2018 August, the President signed the bill into law and offered NCBC constitutional status

Powers & Functions – NCBC

• The NCBC or committee member examines and checks all topics relevant to the financially and educationally underprivileged protections. It was under any legislation or Constitution to evaluate how well they operate and act
• It involves and recommends economically and educationally underprivileged socio-economic progress. Then it assesses the progress under Indian states or the Union
• It reports on the effectiveness of certain safeguards to the President on an annual basis and at other times as the commission sees suitable. The President shall present each House of Parliament with such reports
• NCBC shall perform other supplementary tasks based on the development, protection, welfare, and progress of the socially and academically underprivileged that the President shall appoint by regulation, bound by the rules of any Parliament laws
• While attempting a case, it owns all the civil court authorities

How does the New Commission Vary from the Previous Commission?

• Concerning reservations, the latest statute recognizes that BCs require development. Therefore, the legislation includes provisions for the advancement of SEdBCs (Socially & Economically Backward Classes) and the operation of the latest NCBC
• The latest NCBC redresses concerns of the backward classes
• It offers complete and universal growth and progresses towards impartiality in every single perspective of development and welfare
• Article 342(A) offers more accessibility with Parliament’s permission before including or excluding communities in the backward register

NCBC Challenges

• The forthcoming National Commission for Backward Classes shall not offer significant and beneficial social justice insights
• The new NCBC’s recommendations do not bind the government
• NCBC shall not manage the current demands from various castes that have to be categorised as BCs. It is because they possess no obligation to describe backwardness
• As per Article 340, the administration put the whole framework of special safeguards under the Constitution in jeopardy. It was by keeping the last general name of NCBC and changes in the underlying body from its soul
• As recent statistics show, a disproportionate representation of OBC, SC/ST groups, and constitutional status would not inflate the issues at the roots level
• The SC directive on continuous updating of the backward class along with the NCBC is not mentioned under Article 338B (5)

What is the Backward Classes Welfare Department’s Purpose?

Under Article 340, the President formed a committee known as the backward classes welfare department. It is for the welfare of the backward classes, which were allowed to study the educational and social situations of the backward classes by selecting a commission. Structural practices are followed by the numerous interactions between the dominant group and the subordinates in each culture.

Conclusion:

The Indian Constitution does not describe the backward classes. Instead, they define them as academically and economically underprivileged people in other social categories. The National Commission for Backward Classes was a governmental body investigating complaints and welfare measures concerning socially and educationally disadvantaged persons. The President established a body called the Welfare Department for the Backward Classes. It is for the benefit of the backward classes, who were allowed to analyse their educational and social problems by selecting a commission.