Article 338B Simplified: National Commission for Backward Classes

Official Text

(1) There shall be a Commission for the socially and educationally backward classes to be known as the National Commission for Backward Classes. (2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine. (3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal. (4) The Commission shall have the power to regulate its own procedure. (5) It shall be the duty of the Commission- (a) to investigate and monitor all matters relating to the safeguards provided for the socially and educationally backward classes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards; (b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the socially and educationally backward classes; (c) to participate and advise on the socio-economic development of the socially and educationally backward classes and to evaluate the progress of their development under the Union and any State; (d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards; (e) to make in such reports the recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the socially and educationally backward classes; and (f) to discharge such other functions in relation to the protection, welfare and development and advancement of the socially and educationally backward classes as the President may, subject to the provisions of any law made by Parliament, by rule specify. (6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any such recommendations. (7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the State Government which shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations. (8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; (f) any other matter which the President may by rule, determine. (9) The Union and every State Government shall consult the Commission on all major policy matters affecting the socially and educationally backward classes:] [Provided that nothing in this clause shall apply for the purposes of clause (3) of article 342A.]

Simple Meaning

Article 338B creates the National Commission for Backward Classes (OBCs). Its job is to identify groups that are socially or educationally struggling and to suggest ways to help them, including reservations in jobs and education.

Explain Like Ten

This rule creates a special watchdog group (National Commission for Backward Classes) to protect the rights of Other Backward Classes (OBCs), make sure they get fair reservation in schools and jobs, and check on complaints of unfair treatment.

Student Mode

Inserted by the 102nd Constitutional Amendment Act of 2018. Elevates the National Commission for Backward Classes (NCBC) to a constitutional status under Article 338B (replacing the statutory body established in 1993). It mirrors the structure, duties, and civil court powers of the NCSC and NCST, ensuring constitutional parity for the protection of socially and educationally backward classes.

Example

When a new community asks to be included in the OBC list for reservations, this Commission studies their situation and gives a report to the government.

Key Takeaway

A dedicated body for the welfare and social justice of Backward Classes.

FAQs

When did the National Commission for Backward Classes receive constitutional status?

The NCBC was given constitutional status in 2018 under the 102nd Constitutional Amendment Act, inserting Article 338B into the Constitution.

Does the NCBC have the power of a civil court?

Yes. Under Article 338B(8), the NCBC has the same civil court powers as the NCSC and NCST to summon witnesses, examine them on oath, and demand the production of documents during investigations.

Quiz

Which amendment inserted Article 338B, granting constitutional status to the NCBC?

Answer: 102nd Amendment

The National Commission for Backward Classes (NCBC) was originally set up as a statutory body in which year?

Answer: 1993

Related Topics

• Article 340
• Article 16