(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 Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.(4)The Commission shall have the power to regulate its own procedure.(5)It shall be the duty of the Commission—(a)to investigate and monitor all matters relating to the safeguards provided for the 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 the 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 the 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.(6)The President shall cause all such reports to be laid before each House of Parliament along 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 such recommendations.(7)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 State Government which shall cause it to be laid before the Legislature of the State along 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, it any, of any of such recommendations.(8)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 (5), 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.(9)The Union and every State Government shall consult the Commission on all major policy matters affecting the socially and educationally backward classes:][Provided that nothing in this clause shall apply for the purposes of clause (3) of article 342A.]Ins. by the Constitution (One Hundred and Fifth Amendment) Act, 2021, s. 2 (w.e.f. 15-9-2021)[Editorial comment-The Constitution (One Hundred and Second Amendment) Act, 2018, according to the information presented in the article, the chairman, vice-chairperson, and three other members of the committee are all appointed by the president.The National Commission for Backward Classes (NCBC) is responsible for overseeing issues related to the safeguards afforded to the socially and educationally Backward Classes (SEBCs), investigating complaints of violations of their rights, and proposing measures to incorporate safeguards and welfare measures.NCBC also presents an annual report to the President. As part of its investigation into allegations that members of socially and educationally disadvantaged groups had their rights violated, the Commission was granted the jurisdiction to perform the functions of a civil court according to an article in the constitution. Also Refer][Editorial comment-The Constitution (One Hundred and Five Amendment) Act, 2021, restored state governments’ authority to recognize economically and socially disadvantaged groups (SEBCs). A community for which the State in India may give “special provisions” or equality is classified as SEBCs, which contains the categories generally referred to as Other Backward Classes (OBCs). The Supreme Court ruled that the separate State lists were exempt from the authority and obligations of the National Commission for Backward Classes. State governments’ ability to create the Socially and Educationally Backward Classes (SEBC) list was reinstated by the 105th Amendment of Indian constitution. It said that States are exempt from the National Commission’s requirement for consultation. Consequently, over one-fifth of all OBC communities benefitted from this. It reinstated a Supreme Court literal interpretation that took away the States’ ability to keep a state list of OBCs. States were granted the power to react swiftly to socioeconomic needs that are unique to a state or region. India already had a federal structure, and the Bill that was passed strengthened it much more.Also refer]
