National Commission for the Backward Classes

The Supreme Court of India, in its judgement regarding reservation of appointments to backward
classes, on 16th November 1992, directed the Government of India to constitute a permanent
body by 15th March 1993 for entertaining and examining and for recommending upon requests
made for it, for, inclusion and complaints of over-inclusion and under-inclusion in the lists of
backward classes of citizens. 

With Parliament not in session, the President promulgated the National Commission for
Backward Classes Ordinance, 1993 on the 1st of February, 1993. To replace the Ordinance with
act, the NCBC Bill, 1993 was introduced in the Rajya Sabha. It received the assent of the
President on 2nd April, 1993 after being passed by both Houses of Parliament and came into
effect retrospectively from 1st February, 1993.

 The term Backward Classes implies such backward classes of citizens other than the SCs and
STs as specified by the Central Government. It consists of a Chairperson (Judge of the Supreme
Court or High Court), a social scientist, two persons who have expertise in backward classes
issues and Member-Secretary (officer equal to the rank of Secretary to the Government of India).
They hold office for a term of three years and the grounds on which they could be
removed is same as that of the conditions contained in other Commissions.

Functions and Powers of the Commission  

The Commission shall examine requests for inclusion of any class of citizens as a backward
class in such 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 usually be binding upon the Central Government.

 The Commission can summon or enforce the attendance of any person from any part of India
and examine him on oath;

 Receive evidence on affidavits, require the discovery and production of any document;

 Requisition any public record or copy thereof;

 Issue commissions for the examination of witnesses and documents.

The Central Government can undertake at any time, upon the expiration of ten years from coming
into force, revision of the lists with a view to exclude such lists who have ceased to be backward
classes or include a list of new backward classes. It would so by consulting the Commission.