Mains Daily Question
Jan. 24, 2024

Q.3 Highlighting the related constitutional provisions, discuss the concerns associated with the National Commission for Backward Classes (NCBC) in India. Also suggest reforms for a more effective role of NCBC in advocating for socially and educationally backward classes. (10M/150W)

Model Answer

Approach

Introduction:


Body:

Heading 1: Concerns associated with the National Commission for Backward Classes

Heading 2: Reforms for a more effective role of NCBC


Conclusion:

Conclude with recommendations or potential reforms to enhance the effectiveness of the NCBC addressing the evolving needs of OBC communities.

 

Answer: 

The National Commission for Backward Classes (NCBC) in India has evolved over time to address historical disparities and uplift marginalized sections, ensuring social justice and equality. The 1992 Indra Sawhney case prompted the establishment of a permanent entity for evaluating and recommending inclusion/exclusion of Backward Classes.

Constitutional Provisions:

  1. 102nd Amendment Act (2018):
    • Provides constitutional status to the NCBC.
    • Introduces Articles 338B and 342A.
    • Article 338B grants authority to examine complaints and recommend welfare measures.
    • Article 342A empowers the President to specify socially and educationally backward classes.
  2. Article 340:
    • Addresses the identification of socially and educationally backward classes.
    • Analyzes factors contributing to their backwardness and suggests remedies.

 

Concerns associated with the National Commission for Backward Classes:

  1. Non-binding Recommendations: Recommendations made by the NCBC lack the force of law, making them non-binding on the government.
  2. Defining Parameters of Backwardness: NCBC faces hurdles in addressing the ongoing issue of various castes vying for inclusion as Backward Classes due to a lack of authority in defining parameters.
  3. Retained Conventional Nomenclature: Retention of the conventional name raises concerns about potential jeopardy to the entire framework of specialized constitutional protections.
  4. Failure to Incorporate Expert Characteristics: The new NCBC configuration lacks incorporation of characteristics of an expert body, as mandated by the Supreme Court.
  5. Imbalanced Representation: Recent data highlights imbalanced representation within SC/ST and OBC categories, raising concerns about effective representation.

 

Reforms for a More Effective Role:

 

  1. Inclusive Composition: Enhance gender sensitivity and diverse stakeholder representation in the composition of the NCBC to reflect the diversity of the communities it serves.
  2. Shift from Vote Bank to Value-based Politics: Move away from vote bank politics and adopt a value-based political approach to ensure that only genuinely disadvantaged sections of society benefit from reservations.
  3. Periodic Revision Mechanism: Address the Supreme Court’s directive by incorporating a mechanism in Article 338B (5) for the periodic revision of the list of backward classes in consultation with the NCBC.
  4. Enhance Binding Nature of Recommendations: Consider legislative changes to confer a certain degree of binding nature to the recommendations made by the NCBC, empowering it to have a more direct impact on policy decisions.
  5. Community Consultations: Ensure active consultation with the communities being represented by the NCBC in the decision-making process to better understand their needs and concerns.

 

Thus, the NCBC, with its constitutional status, plays a pivotal role in addressing the concerns of socially and educationally backward classes. However, challenges persist, and reforms are crucial for the commission to effectively fulfill its mandate and contribute to the broader goals of social justice and equality in India.

 

Subjects : Polity
Only Students can submit Answer.