Cabinet approves setting up of NSEBC as Constitutional body

The Union Cabinet chaired by Prime Minister Narendra Modi on Thursday approved setting up of National Commission for Socially and Educationally Backward Classes (NSEBC) as a Constitutional body.

The Union Cabinet has approved setting up of a NSEBC by making amendment to the Constitution, mainly by insertion of Article 338B.

The Bill will be introduced in the Parliament.

The Cabinet has approved the following:

(i) Creation of a National Commission for Socially and Educationally Backward Classes under new Article 338 B;

(ii)Insertion of provision after Article 341 and 342 viz. 342 A to provide for Parliament's approval for every inclusion into and exclusion from the Central List of Other Backward Classes;

(iii)Insertion of a new Clause (26C) under Article 366 to define Socially and Educationally Backward Classes;

(iv)Repeal of National Commission for Backward Classes Act, 1993 (No. 27 of 1993) and Rules framed there under;

(v)Dissolution of the Commission constituted under the Act of 1993;

(vi)Composition of the new Commission i.e. National Commission for Socially and Educationally Backward Classes, with a Chairperson, Vice Chairperson and three other Members.

The National Commission for Backward Classes (NCBC) was set up in pursuance to the Supreme Court judgement in the Indra Sawhney case as per the NCBC Act, 1993. Section 9 ("Function of the Commission") of the NCBC Act, 1993, states as under:

(ii) The Commission shall examine requests for inclusion of a any class of citizens as a backward class in the 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.

(iii) The advice of the Commission shall ordinarily be binding upon the Central Government.

There have been demands in the Parliament and by the General Public for grant of Constitutional status to the National Commission for Backward Classes to enable it to hear the grievances of OBCs in the same manner that a National Commission for Scheduled Castes (constituted under Article 338) and National Commission for Scheduled Tribes (constituted under Article 338A) hear the grievances of Scheduled Castes and Scheduled Tribes.