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[Cites 0, Cited by 6] [Article 338B] [Constitution]

Constitution Subarticle

Article 338B(9) in Constitution of India

(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]