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contemplates minimizing inequalities in income and eliminating inequalities in facilities and status and provide opportunities to achieve higher economic development. The Constitution aimed at providing a specific place in Article 15 in terms of certain status and powers to the members of the Backward Classes and at the same time prohibiting discrimination on the ground of religion, caste, race, sex or place of birth.

15. Article 340 of the Constitution of India provides for appointment of a Commission to investigate the conditions of backward classes, whereas, Article 338 provides for National Commission for Scheduled Castes and Scheduled Tribes. The scope and ambit of these two provisions, though aimed at upliftment of the respective classes, are not on the same lines. The Commission under Article 340 is for investigating the conditions of socially and educationally backward classes including their difficulties and to make recommendations so as to take steps by the Union or the States for removal of such difficulties and to improve their conditions. The Commission so appointed shall investigate the matters referred to it and present to the President a report with such recommendations. The report so presented together with memorandum explaining the action taken thereon is to be laid before each Houses of Parliament. Whereas, the Commission contemplated within the meaning of Article 338 of the Constitution of India has been vested with the powers as are set-out in Clause (5) thereunder. Clause (8) of Article 338 gives powers of a Civil Court to the Commission as if trying a suit while investigating any matter referred to it, in respect of Sub-clauses (a) to (f). It is obvious that the scope of the Commission under Article 340 is only advisory and much restricted as compared to the Commission appointed under Article 338 of the Constitution.

39. Articles 341 and 342 of the Constitution of India pertain to the Scheduled Castes and the Scheduled Tribes, respectively and so is the Commission under Article 338 of the Constitution. The Commission to be constituted under Article 16(4) read with Article 340 of the Constitution as per the law laid down in Indra Sawhney's case (supra) must, therefore, be deemed to be the Commission in respect of Other Backward Classes i.e. other than Scheduled Castes and Scheduled Tribes. It means that such a Commission cannot be the Commission for the Other Backward Classes alone in the State of Maharashtra and it has to be a Commission for Vimukt Jatis, Nomadic Tribes as well as Other Backward Classes, etc.

We have no hesitation in our mind to record our opinion that without the involvement of these Panchayats there cannot be any realistic recommendations of the Commission for inclusion or exclusion of the castes from or in the list of OBCs.

62. Once the Commission submits its recommendations to the State Government after taking the review of the existing castes for retention in the list of OBCs or for inclusion of new castes in the said category, the issue that arises for our consideration is whether such a report is required to be laid before both the Houses of the Legislature before it is accepted or acted upon by the State Government. The report of the Commission constituted under Article 338 of the Constitution is placed before the Parliament. The Supreme Court ruled in Indra Sawhney's case that the commission to be constituted for OBCs would be a commission under Article 16(4) read with Section 340 of the Constitution. The claims of social status and more so because of the constitutional guarantees provided under Articles 15 and 16 as well as Chapters IX and IXA have great relevance for the welfare of the citizens belonging to the OBCs. The representatives of the people either in the Panchayats, Nagar Panchayats or the Assembly must be involved in such codification in keeping with the true democratic values. If the report submitted by the Commission is placed before both the Houses of Legislature, it would provide an opportunity to the Members of the Legislative Assembly and Council to examine the recommendations submitted vis-a-vis social realities. Thus, placing these reports before the Legislative Assembly/Council would provide for an opportunity to the elected representatives to express their opinion. We, therefore, deem it necessary that these reports are laid before both the Houses of the State Legislature from time to time before they are acted upon by the State Government.