Question : Constitutional Status to NCBC

(a) whether the National Commission for Backward Classes (NCBC) has not been accorded constitutional status and if so, the details thereof;

(b) whether there is any such provision therein which stipulates that the Commission should have members belonging to backward classes only;

(c) if so, the details thereof; and

(d) the steps taken by the Government so far with regard to according constitutional status to NCBC and appointing members of the said Commission amongst backward classes and the outcome of the efforts made so far?

MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT
(SHRI KRISHAN PAL GURJAR)

(a): Yes, Madam. The National Commission for Backward Classes (NCBC) was constituted in 1993 in terms of the NCBC Act, 1993 for backward classes other than the SCs and the STs and to provide for matters connected therewith or incidental thereto and its functions are bound by Section 9(1) of the NCBC Act, 1993 viz. “The Commission shall examine requests for inclusion of 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.”

(b) to (c): No, Madam. There is no provision in the NCBC Act, 1993 which stipulates that the Commission should have members belonging to backward classes only.

Section 3(2) of National Commission for Backward Classes Act, 1993 states that:
The Commission shall consist of the following Members nominated by the Central Government:
(a) a Chairperson, who is or has been a Judge of the Supreme Court or of a High Court;
(b) a social scientist;
(c) two persons, who have special knowledge in matters relating to backward classes; and
(d) a Member-Secretary, who is or has been an officer of the Central Government in the rank of a Secretary to the Government of India.

(d) There is no move at present to accord constitutional status to the NCBC. Also, there is no move at present to appoint members of the NCBC from the backward classes.