It seeks to give constitutional status to National Commission for Backward Classes.
The Constitution 123rd Amendment Bill seeks to make the following changes:
- It seeks to insert a new article 338B in the constitution which provides for NCBC, its composition, mandate, functions and various officers.
- Insert a new article 342-A which empowers the president to notify the list of socially and educationally backward classes of 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.
Why was it done?
The government had created a Commission for the Scheduled Castes and Scheduled Tribes via a resolution in 1987. It was given constitutional status by passing Constitution (65th amendment) Act, 1990, leading to creation of 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. NCSC was mandated to look into the grievances and complaints of backward classes also. However, 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. Towards this, the parliament 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. For this purpose, the above said amendment has been introduced and passed in Lok Sabha. The bill will now need to be passed in Rajya Sabha to become act. Since the National Commission for Backward Classes Act, 1993 becomes irrelevant once this bill becomes an act; Lok Sabha has also passed a separate bill to repeal that act.