Q. With reference to the National Commission for Backward Classes, consider the following statements:
1. The 103rd Constitutional Amendment Act of 2018 conferred a constitutional status to the Commission.
2. The Central government is required to consult the Commission on major policy matters affecting the socially and educationally backward classes.
3. States cannot prepare their own list of socially and educationally backward classes without the permission of the Commission.
How many statements given above are correct?
Exp) Option a is the correct answer.
The National Commission for Backward Classes (NCBC) was set up in 1993. The commission looks into matters of safeguards of the socially and educationally backward classes.
Statement 1 is incorrect. In the Mandal case judgement (1992), the Supreme Court directed the central government to constitute a permanent statutory body to examine the complaints of under inclusion, overinclusion or noninclusion of any class of citizens in the list of backward classes. Accordingly, the National Commission for Backward Classes (NCBC) was set up in 1993. Later, the 102nd Amendment Act of 2018 conferred a constitutional status on the Commission. For this purpose, the amendment inserted a new Article 338-B in the constitution.
Statement 2 is correct and Statement 3 is incorrect. Article 338B of the Constitution mandates the central and state governments to consult the NCBC on all major policy matters affecting the socially and educationally backward classes. The 105th Constitutional Amendment exempts states and union territories from this requirement for matters related to preparation of their list of socially and educationally backward classes.
The 105th Constitutional Amendment enables states and union territories to prepare their own list of socially and educationally backward classes. This list must be made by law.
