Q. Consider the following statements:
1. The Constitution makes it binding on the Central and state governments to consult the National Commission for Backward Classes on every policy matter affecting the socially and educationally backward classes.
2. The Constitution allows states and union territories to prepare their own list of socially and educationally backward classes.
Which of the statement given above is/are correct?

[A] 1 only

[B] 2 only

[C] Both 1 and 2

[D] Neither 1 nor 2

Answer: B
Notes:

Exp) Option b is the correct answer.

The National Commission for Backward Classes (NCBC) was established under the National Commission for Backward Classes Act, 1993. The Constitution (One Hundred and Second Amendment) Act, 2018 gave constitutional status to the NCBC.

Statement 1 is incorrect. Article 338B of the Constitution says that the central and state governments shall consult the NCBC on all major policy matters affecting the socially and educationally backward classes. However, the recent 105th Constitutional Amendment Act of 2021 exempts states and union territories from this requirement for matters related to preparation of their list of socially and educationally backward classes.

Statement 2 is correct. The Constitution (One Hundred and fifth Amendment) Act, 2021 enables states and union territories to prepare their own list of socially and educationally backward classes. This list must be made by law, and may differ from the central list. Earlier 102nd constitutional amendment act empowered the President to notify the list of socially and educationally backward classes for any state or union territory for all purposes.

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