Article 338B was inserted into the Constitution of India by the Constitution (One Hundred and Second Amendment) Act, 2018. This landmark amendment granted constitutional status to the National Commission for Backward Classes (NCBC), which was previously a statutory body established under the National Commission for Backward Classes Act, 1993.
The primary objective of Article 338B is to provide a constitutional mechanism for the safeguard and welfare of the socially and educationally backward classes (SEBCs). It defines the composition, powers, and functions of the NCBC, making it a significant constitutional authority akin to the National Commissions for Scheduled Castes (Article 338) and Scheduled Tribes (Article 338A).
Original Text
338B. National Commission for Backward Classes.
(1) There shall be a Commission for the socially and educationally backward classes to be known as the National Commission for Backward Classes.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other members so appointed shall be such as the President may by rule determine.
(3) The President may by rule regulate the procedure of the Commission.
(4) It shall be the duty of the Commission— (a) to investigate and monitor all matters relating to the safeguards provided for socially and educationally backward classes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards; (b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the socially and educationally backward classes; (c) to participate and advise on the socio-economic development of socially and educationally backward classes and to evaluate the progress of their development under the Union and any State; (d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards; (e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the socially and educationally backward classes; and (f) to discharge such other functions in relation to the protection, welfare and development and advancement of the socially and educationally backward classes as the President may, subject to the provisions of any law made by Parliament, by rule specify.
(5) The President shall cause every report laid before him under clause (4) to be laid before each House of Parliament together with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.
(6) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State together with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.
(7) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (4), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; (f) any other matter which the President may, by rule, determine.
(8) The Union and every State Government shall consult the Commission on all major policy matters affecting the socially and educationally backward classes.
(9) Notwithstanding anything contained in clause (6) of article 338 or clause (6) of article 338A, the report referred to in the said clauses shall be forwarded by the Commission to the Governor of the State for laying before the Legislature of the State, only in respect of matters relating to the State.
Detailed Explanation
Article 338B consists of nine clauses that lay down the framework for the National Commission for Backward Classes (NCBC).
Clause (1) establishes the existence of the National Commission for Backward Classes (NCBC) as a constitutional body specifically for the socially and educationally backward classes (SEBCs). This provides the Commission with a legal standing directly under the Constitution.
Clause (2) deals with the composition of the Commission. It mandates that the Commission shall consist of a Chairperson, a Vice-Chairperson, and three other members. The power to determine their conditions of service and tenure is vested in the President, acting through rules, but subject to any law made by Parliament in this regard.
Clause (3) grants the President the power to regulate the procedure of the Commission through rules. This allows for the procedural aspects of the Commission’s functioning to be formally laid down.
Clause (4) outlines the duties and functions of the NCBC. These include: (a) Investigating and monitoring all safeguards for SEBCs provided under the Constitution, laws, or government orders, and evaluating their effectiveness. (b) Inquiring into specific complaints regarding the violation of rights and safeguards of SEBCs. (c) Participating in and advising on the socio-economic development planning process for SEBCs at both Union and State levels, and evaluating their progress. (d) Submitting reports to the President annually and as deemed necessary, detailing the working of the safeguards. (e) Recommending measures in these reports for the Union and State governments to effectively implement safeguards and promote the protection, welfare, and development of SEBCs. (f) Performing any other functions related to the protection, welfare, development, and advancement of SEBCs as the President may specify by rule, subject to parliamentary law.
Clause (5) mandates the President to lay the Commission’s reports before each House of Parliament. Along with the report, the President must also present a memorandum explaining the action taken or proposed to be taken by the Union government on the recommendations, and the reasons for any non-acceptance. This ensures accountability and transparency in responding to the Commission’s recommendations.
Clause (6) provides for the handling of reports or parts of reports that concern a State Government. A copy of such a report is to be forwarded to the Governor of the State. The Governor is then required to lay it before the State Legislature along with a memorandum similar to the one presented to Parliament, explaining the State’s action on the recommendations and reasons for non-acceptance, if any. This ensures that State-specific issues raised by the Commission are addressed at the state level.
Clause (7) vests the Commission with the powers of a civil court while investigating matters related to safeguards (clause 4a) or inquiring into complaints (clause 4b). These powers include summoning and enforcing the attendance of persons, requiring discovery and production of documents, receiving evidence, requisitioning public records, and issuing commissions for examination of witnesses and documents. The President may also specify other matters where the Commission can exercise civil court powers. These powers are crucial for the Commission to effectively gather information and conduct its inquiries.
Clause (8) imposes a mandatory requirement on both the Union and every State Government to consult the NCBC on all major policy matters affecting the socially and educationally backward classes. This ensures that the Commission’s expertise and perspective are considered in the formulation of policies impacting SEBCs.
Clause (9) clarifies the reporting mechanism for state-specific matters. It states that reports concerning a State, referred to in Clause (6) of Article 338 (SC Commission reports) or Clause (6) of Article 338A (ST Commission reports), or implicitly covered for NCBC as well, shall be forwarded by the respective Commission (including NCBC by implication in this structure) to the Governor of that State only in respect of matters relating to that State. This ensures proper devolution of relevant reports to the respective states. This clause is structured to align the reporting mechanisms of all three commissions (SC, ST, SEBC) concerning state matters.
Detailed Notes
- Constitutional Status: Article 338B grants constitutional status to the National Commission for Backward Classes (NCBC).
- Establishment: Mandates the existence of the NCBC specifically for socially and educationally backward classes (SEBCs).
- Amendment: Inserted by the Constitution (One Hundred and Second Amendment) Act, 2018.
- Composition:
- Consists of a Chairperson, a Vice-Chairperson, and three other members.
- Total members: 5 (including Chairperson and Vice-Chairperson).
- Conditions of Service & Tenure:
- Determined by the President by rule.
- Subject to any law made by Parliament.
- Procedure: Regulated by the President by rule.
- Duties/Functions (Clause 4):
- Investigate & monitor SEBC safeguards (constitutional, legal, govt orders).
- Evaluate the working of safeguards.
- Inquire into specific complaints of deprivation of rights/safeguards.
- Participate and advise on socio-economic development plans for SEBCs.
- Evaluate progress of SEBC development under Union & States.
- Present reports to the President (annually & as needed) on safeguard working.
- Make recommendations in reports on measures for effective implementation of safeguards and SEBC welfare/development.
- Discharge other functions specified by the President by rule (subject to Parliament law) related to SEBC protection/welfare/development.
- Reporting Mechanism:
- Commission reports to the President (Clause 4d).
- President lays reports before Parliament (both Houses) with a memorandum of action taken/proposed and reasons for non-acceptance (Clause 5).
- Reports concerning a State are forwarded to the respective Governor (Clause 6).
- Governor lays state-related reports before the State Legislature with a memorandum of state action taken/proposed and reasons for non-acceptance (Clause 6).
- Powers (Clause 7):
- While investigating or inquiring, has powers of a civil court trying a suit.
- Specific civil court powers include:
- Summoning and enforcing attendance of persons.
- Requiring discovery and production of documents.
- Receiving evidence on affidavits.
- Requisitioning public records.
- Issuing commissions for examining witnesses/documents.
- Any other matter determined by the President by rule.
- Consultation (Clause 8):
- Mandatory consultation with NCBC by Union and every State Government on all major policy matters affecting SEBCs.
- Coordination with SC/ST Commissions (Clause 9):
- Reports by the Commission (NCBC, and by reference, SC/ST Commissions) for state matters are forwarded to the Governor for laying before the State Legislature, but only for matters relating to that specific State. This aligns reporting for state-specific issues across the three commissions.
Additional Comments
- Prior to the 102nd Amendment in 2018, the NCBC was a statutory body under the NCBC Act, 1993, with limited powers, primarily advising on the inclusion or exclusion of communities in the central list of backward classes.
- Granting constitutional status significantly enhanced the powers, functions, and independence of the NCBC, bringing it on par with the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes.
- Article 338B strengthens the institutional framework for the protection and welfare of socially and educationally backward classes, ensuring they have a constitutional body to monitor and protect their rights.
- The civil court powers under Clause (7) are crucial for the Commission to conduct effective investigations into complaints and violations of SEBC rights.
- The mandatory consultation requirement under Clause (8) ensures that policies affecting SEBCs are framed after due consideration of the Commission’s views, promoting inclusive governance.
- Article 338B, along with Articles 338 and 338A, forms the core constitutional mechanism for the protection and welfare of specified vulnerable groups in India.
Summary
Article 338B of the Indian Constitution, introduced by the 102nd Amendment Act, 2018, establishes the National Commission for Backward Classes (NCBC) with constitutional status. The Commission comprises a Chairperson, Vice-Chairperson, and three members appointed by the President, who also determines their service conditions and regulates the Commission’s procedure. Its primary duties include investigating and monitoring safeguards for socially and educationally backward classes (SEBCs), inquiring into complaints of rights deprivation, participating in and advising on their socio-economic development, and evaluating progress. The Commission is required to present annual and other reports to the President, containing recommendations, which are then laid before Parliament. State-specific reports are sent to the Governor for tabling before the State Legislature. The NCBC possesses powers of a civil court for conducting investigations and inquiries. Crucially, the Union and State Governments are mandated to consult the Commission on all major policy matters affecting SEBCs. This article provides a robust constitutional mechanism for the protection, welfare, and development of socially and educationally backward classes.