The role of the National Commission for Backward Classes (NCBC) is to examine complaints and welfare measures regarding socially and educationally backward classes (SEBCs), and to advise the central and state governments on matters related to them. The NCBC was transformed from a statutory body to a constitutional body by the 102nd Constitution Amendment Act, 2018, which inserted Article 338B and Article 342A in the Constitution. The amendment also made changes in Article 366 to define SEBCs as those classes notified by the President or the Governor, as the case may be.
The transformation of the NCBC from a statutory body to a constitutional body has implications for its role, powers, functions, and status. Some of these are:
The NCBC has acquired more authority and autonomy as a constitutional body, as it is no longer under the administrative control of the Ministry of Social Justice and Empowerment. It can now function independently and effectively as a quasi-judicial body to safeguard the rights and interests of the SEBCs.
The NCBC has been given the power to hear complaints and grievances of SEBCs, and to investigate and monitor the implementation of constitutional and legal safeguards for them. It can also summon any person from any office or authority for any information or report related to SEBCs.
The NCBC has been given the mandate to advise the central and state governments on various matters related to SEBCs, such as identification, inclusion, exclusion, reservation, welfare schemes, development programs, etc. The advice of the NCBC is binding on the governments, unless they disagree with it for reasons to be recorded in writing.
The NCBC has been given the status of a civil court, with all its powers and procedures, such as issuing summons, enforcing attendance, examining witnesses, receiving evidence, etc. It can also punish any person for contempt of its orders or authority.
The NCBC has been given the parity with other constitutional commissions, such as the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes. It can also consult and collaborate with them on matters of common interest or concern.
Thus, the role of the National Commission for Backward Classes has been enhanced and strengthened by its transformation from a statutory body to a constitutional body. It has become more empowered and accountable to protect and promote the interests of the socially and educationally backward classes in India.