National Commission for Backward Classes (Repeal) Bill, 2017

• The Constitution (123rd Amendment) Bill, 2017, providing for setting up of a National Commission for Backward Classes, was recently passed by the Rajya Sabha. The Bill was passed after dropping Clause 3.
• Clause 3 pertains to the insertion of a new article 338B about the constitution and powers of the National Commission for Backward Classes.
• The bill is meant to upgrade the Backward Classes Commission from a statutory body to a constitutional body, which will give it powers equal to a court to summon people and inquire into incidents of violence and discrimination against backward classes.
• The amended bill will now have to be returned to the Lok Sabha for its fresh approval. The Lower House had already passed the bill but in the Upper House it had been referred to a Select Committee as the Opposition had wanted more scrutiny. The Constituent amendment bill’s passage requires two-third majority of those present and voting.

The National Commission for Backward Classes (NCBC) was set up in pursuance to the Supreme Court judgement in the Indra Sawhney case as per the NCBC Act, 1993. Section 9 ("Function of the Commission") of the NCBC Act, 1993, states as under:

• The Commission shall examine requests for inclusion of a any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the Central Government as it deems appropriate.
• The advice of the Commission shall ordinarily be binding upon the Central Government.
• There have been demands in the Parliament and by the General Public for grant of Constitutional status to the National Commission for Backward Classes to enable it to hear the grievances of OBCs in the same manner that a National Commission for Scheduled Castes (constituted under Article 338) and National Commission for Scheduled Tribes (constituted under Article 338A) hear the grievances of Scheduled Castes and Scheduled Tribes.

By: Vishal